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CSee, the property will continue to retain its character as HUF property unless it is formally partitioned or relinquished.
the surviving coparceners of the HUF are collectively entitled to the property. The daughters of the mother (who was a Class I heir) also have an equal right in her share, their interest cannot be disregarded.
If all parties are consenting to transfer the property to the wife, the most appropriate course is to execute a registered relinquishment deed by all coowners/ heirs in favour of the the wife. It wont be a transfer deed in the strict sense, it’ll be a relinquishment of interest ( must be executed and registered under the Reg. Act) to confer ownership rights. All heirs should be made parties to the deed. The documentation should clearly trace the succession lineage and consent of each heir. It’ll avoid future disputes. When relinquishment is completed and registered, the wife can apply for mutation in her name.
Cno biggie. Be safe.Visit the police station as requested and provide a clear statement of the incident. Details of the delivery, your complaint to Flipkart, the man’s termination his subsequent threatening.. everything. Specifically inform the police that he retured after being terminated, and engaged in behavior that amounts to criminal intimidation, trespass and verbal abuse.
Request the police to register an FIR if not already done. Make sure they take your written complaint in detail. Check it yourself. If the guy continues to threaten you or attempts to contact you again, collect any proof if you can ( CCTV footage, call logs, or messages) and submit them to the police.
If you find that they’re being lax and not acting up file a complaint to the jurisdictional Deputy Commissioner of Police. Strongly request for appropriate action.
CTake care, this is really unfortunate. No parent, or family must have to go through this.Immediately engage a competent criminal lawyer in the place where the incident occurred. He’ll press for the requisite charges.
The recorded injuries from the government hospital serve as documentary medical evidence, so keep it intact, they are annexed with a 154 CrPC complaint to the police station. If the police are refusing to register the FIR despite evidence, a written complaint is directly made to the Superintendent of Police ( 154(3) CrPC). If that also fails, an application is filed before the Magistrate for court monitored investigation and registration of the FIR. Tak to your lawyer about it.
If you apprehend arrest or custodial harassment in future, initiate anticipatory bail proceedings through your counsel in India (they’ll probably advise the same) either by yourself or along with your family members already arrayed as accused in the pending proceedings.
As of now, please document all acts of police inaction or partiality, as much as possible, engage a good lawyer ASAP.
