There is one Flat which was gifted to me in may 2010 by my husband's grandfather in which my in-laws are staying and they are not ready to vacate the flat..I have the original Gift Deed,Conveyance deed,which are submitted in High Court by our Lawyer.He has 3 legal heirs (2 sons and 1 daughter) to this property.My case in going on in High Court since 2012 relating to this property.
Now the thing is that nobody is appearing from the opposite party on the case dates(neither their lawyer nor my in-laws) which happens to be in the gap of every two months and we are getting dates on dates for the last 6 months
Our lawyer is having confrences 4-5 days prior to our case dates to discuss about our case and is charging 15000 for the same.On every date he comes back with the next date only.No further development has been seen in our case for the last 6 months and we are ended with only next dates in our hands.
I wanted to know if our Lawyer is misleading us by taking further dates and doing nothing because he charges us 20,000/- for every case date he attends.Please advice what should i do because we are paying heavy amounts every months and still our case is going nowhere.....
Asked 4 years ago in Property Law from Delhi, Delhi
once gift deed is executed , stamped and duly registered you are absolute owner of the property . you must have filed eviction suit against your in laws . in the event for consecutive dates your in laws are not appearing nor have they filed appearance through a lawyer you can apply for exparte decree . please cross check whether summons have been served on your in laws .
contested suits take years to be disposed of . without going through case papers , roznama we cannot suggest whether your lawyer is misleading you
If the opp. party is not appearing the matter should proceed ex-parte. If the defendant has not filed his reply his defence shall be struck of . Straightway ex-parte decree will not be passed. You have to go through evidence and arguments.
If you are not satisfied with the lawyer you have option to change. Definitely in the situation conferences with the client are not required.
Advocate, New Delhi
In terms of the gift deed you are the absolute owner of the property. I understand that the petition for eviction must have been filed in the High Court. Since nobody is appearing from the opposite party the HC would very soon decide the case in your favour by striking of the continuation of their right to defend the legal action brought against him.
Unfortunately, the Indian courts are reeling under a humongous backlog of cases, as a result of which the disposal of cases takes longer than usual. Moreover, the court has to comply with the procedure laid down under the law even if the opposite side is not putting in any appearance. It is but natural that a litigant would question the integrity of his lawyer when the trial of a case becomes protracted. This does not mean that the lawyer is deliberately delaying the disposal of the case. I would suggest you to repose faith in your lawyer. You have the right to change your lawyer at any time, but it is strongly suggested that you retain your lawyer as changing the lawyer at such an advanced stage of the case may backfire on you in the form of an adverse outcome at the HC.