• Getting a no objection certificate from inefficient lawyer

My problem is related to selling off my ancestral property in Karimganj, Assam since 2015. I am working in Kolkata and the buyer of my property is delaying the deal on one pretext or the other.His gameplan is to tire me out so that I am forced to sell at a much lower price than what was originally decided.I took legal help from the current lawyer in August 2016. Since then there have been at least 20 hearings, but no decision to cancel the original deal to sell my property to the aforesaid buyer.
How can I terminate the services of the present lawyer and get a clearance certificate from him so that I can get the help of a second lawyer?
The present case is being heard at the Civil Judge cum Asstt. Sessions Judge Court under Karimganj judiciary in Karimganj, Assam.
Kindly advise.

Regards
Avijit Das
Asked 7 years ago in Civil Law

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

9 Answers

1)you can inform your current lawyer that you want to engage another lawyer and need his NOC

2) on your new lawyer vakaltanama endorsement can be made by current lawyer that he has no objection

3) if lawyer refuses to issue NOC send him notice by regd post that you do not require his services and want to engage another lawyer

4) based on said acknowledgement of receipt of service you can apply to court to permit you to engage another advocate . even without NOC court can permit you to engage another advocate

Ajay Sethi
Advocate, Mumbai
97651 Answers
7904 Consultations

1. There is no complcated procedue to change a lawyer,

2.Change of a,lawyer is the sheer privilege of the client and no one can force a client to have service of one particular lawyer only.

3.So if there is no pending professional fees of your present lawyer then seek a NOC from him.

4.Once a client seeks NOC from a lawyer he is bound to give the same unless his professional fees is pending.

5.if this lawyer refuses to give it then lodge complaint with the Bar Association to which is member and then with the information to court you can engage a new advocate.

Devajyoti Barman
Advocate, Kolkata
23361 Answers
524 Consultations

Hi, you don't need a NOC from the current lawyer .. Engage a new lawyer and sign a vakalatnama .. He will present the vakalatnama on your behalf as a counsel

Hemant Chaudhary
Advocate, Gurgaon
4631 Answers
67 Consultations

1. The decision is not reached in 20 hearings. Trial of the civil suit takes time to complete and at times it spans over 100 hearing as there are multiple interim applications which are to be filed and replied. How do you expect it to be decided in 20 hearings? This is not rocket science.

2. Be that as it may, you are free to change your lawyer and engage another. Request a NOC from him.

3. If your father had executed the sale agreement then his legal heirs are liable to execute the sale deed in conformity with the sale agreement.

4. The case has to be originally tried only before the Civil Judge. The Guwahati HC has no ordinary original civil jurisdiction.

Ashish Davessar
Advocate, Jaipur
30814 Answers
974 Consultations

1) agreement for sale wherein your father received earnest money would be binding on you

2) you cannot cancel the deal on said ground that your father received advance under unregistered agreement

3) you cannot directly approach HC.if you lose before trial court thenfile appeal before HC

Ajay Sethi
Advocate, Mumbai
97651 Answers
7904 Consultations

There is no necessity to even obtain NOC from the previous advocate to engage the services of the new advocate.

It is no where written in any law that the previous lawyer has to furnish NOC for the new lawyer to continue the current case.

You can inform the court that you are engaging the services of a new lawyer in the place of previous lawyer, the court will accept your request.

T Kalaiselvan
Advocate, Vellore
87853 Answers
2366 Consultations

1. What is the reason that you rely on to cancel the sale agreement?

If it is a genuine reason then you can proceed, without seeing the papers, it would not be advisable to render any opinion on the case pending before a court.

2. You cannot take the case directly to the high court from the lower trial court.

You can prefer an appeal agaisnt the lower court judgment to the next appellate court if you are aggrieved by the judgment.

T Kalaiselvan
Advocate, Vellore
87853 Answers
2366 Consultations

1. You place a fresh Vakalatnama before him assigning the case to some other lawyer and ask him to sign on the top of it with the note 'No Objection'.

2. He is bound to sign it if there is no payment of fees pending to be paid to him.

3. If he still refuses to sign NOC, lodge a complaint before the local Bar Council against him.

Krishna Kishore Ganguly
Advocate, Kolkata
27533 Answers
726 Consultations

1. If your late father had signed an agreement for sale and the buyer had violated any of the terms mentioned in the said agreement, you can easily refuse to honour the said agreement for his non performance.

2. However, you shall have to refund him the amount taken by your father from him with applied rate of bank interest if the said biana amount is less than the value of the property which you have inherited from your late father.

3. In most of the agreement for sale it is written that in case the death of any party of the said agreement, his/her successor and heirs will abide by the terms mentioned in the instant agreement for which you will not be able to discard the agreement entered in to by your father after taking an amount towards biana on the sole ground that he is dead.

4. As regards his getting the biananama signed by your father improperly, you shall have to prove your allegation with evidence and in that case the said agreement will be treated as illegal hence void at law and even in that yoiu shall have to return him the money your later had taken from him towards biana..

Krishna Kishore Ganguly
Advocate, Kolkata
27533 Answers
726 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer