• Purchased land from a party now

My mother has purchased land from party X in 2013 by getting registered in registrar office. In 2014 the same party sent some one saying that he is a lawyer(fake one) saying that land rate has been increased we will give you the money which has been taken during the time of registration , you return land to us or else we will create nuisance at your house and did the same.They threatened mother n father in several ways,my parents got frightened and approached an lawyer and he filed a suit saying that you people don't worry we will get injunction order and we will win the case.
Now it's been almost 5 years nothing has happened and till now we have given 1 lakh rs for fees of court n lawyer and still he is expecting more when ever he calls us and always says that the defendant has taken excuse and asked permission for next date and it's 24 hearings has been done til now.every time my mother goes to court for hearing but she was made to wait outside only and la2yer comes and says they had asked a date again egg.
Another main thing is that he had taken originals house documents registrar documents 3 years back saying that we have to show to judge and it will be given to you as soon as he sees. Now when we are asking the original documents lawyer is saying that I had kept an petition and judge is denying to give the original documents . We asked we don't want any case please return our documents to us then he is saying that you pay me 5% per lakh as my fees already we gave 1 lakh rs till now as fees and also if you take back case then other party will attack on you .

Please guide us how we can deal as we have recent EC and Xerox of house documents only with us now.

Will it be safe to withdraw case as our lawyer itself troubling us? Is it possible to get original documents by putting up a petition or we have to wait till case closing?
Asked 4 years ago in Property Law
Religion: Muslim

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13 Answers

Hello,

first get in touch with some other local lawyer who may check that whether the papers are there in the original file or not and can update you with the actual status of the case.

Also, lawyer can not ask you % fee per lakh and if such is the case you record such statements and file a complaint against him before BCI for unethical practices.

Also, I would advise you to engage some other lawyer who may do the work for you in a time bound manner.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Sir firstly get the certified copies from the registrar of the property documents.

Secondly complain against the lawyer in bar council, and further file an application before court for the original documents before that check if the original are in court file or not.

if they are not there then file a 406 FIR against the lawyer and further change lawyer and this can be mentioned before the Court also/

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) change your lawyer

2)check whether original documents have been filed in court or not

3)if not issue legal noticed to lawyer to return your original documents

4) you should get original documents on case withdrawal

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

dont withdraw your case you can change advocate and file a complaint against advocate in advocate bar association.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Hi

1) Hope you have checked the case status in e-courts web site( .https://districts.ecourts.gov.in/westgodavari).

2) In general courts will give the originals of the documents to the parties if the parties make a submission under Order XIII rule 9 and it is surprising that the lawyer has not returned the originals.

3) Your mother herself can make an application with a help of a court clerk and submit the same to the court herself.

4) By mere checking of case status in e-courts web site, you will know the true picture of your case and based on information from this site, you can decide on the next steps.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2169 Answers
394 Consultations

5.0 on 5.0

If the original document is held in court you can withdraw the same by filing a petition.

If you don't trust your lawyer anymore you may always change the lawyer.

Even NOC is not required.

You may inform him that you are changing lawyer hence return the papers.

If he is demanding fees then you may tell him that you have already given him sufficient fee hence you will not be able to afford for more fee.

Without knowing the status of case don't withdraw the same.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

1. the lawyer has fraudulently taken your original documents and kept them with him as security against the fees payable to him

2. so essentially he will blackmail you that if you dont pay his fees as demanded then he will not return the originals

3. this cannot be the practice of any lawyer and it is totally prohibited

4. please file a complaint against this lawyer with the Bar Council and request to take disciplinary action against him and also to revoke his practicing license

5. do not withdraw your case.

6. write a letter to your lawyer informing that you no more wish to avail his services and ask him to return your original documents

7. the lawyer will demand his fees for returning the original

8. on the next date in your matter, go to court when your matter is called out and show this letter to the Judge and also inform the judge that he is blackmailing you. Court will suo motu ask that lawyer to stop representing you in the matter and will direct you to free legal aid

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

Dear client,

No magistrate keeps original documents. On next date, ask the judge to return the original documents as same has been said by your lawyer that they are in your custody.

No such issue need civil suit , you could have file criminal complain against any nuisance. You are subject to fraud by lawyer.

He is fooling you and may be in connivance with opposite party. case will drag this way and extract money, as case is without any cause.

Or complain to bar office against lawyer and recovery of documents.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

write a letter to your lawyer informing that you no more wish to avail his services

also record in that letter his demand for fees on percentage basis based on the outcome of suit which is strictly prohibited for a lawyer

on next date show this letter to the judge

also inform judge to check the roznama in which the lawyer was seeking extensions when infact you never gave his any instructions for seeking time

no need to withdraw your case.

you can request judge not to proceed with the case until you find another lawyer or you are properly represented

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

Court has exhibited the documents for evidence purpose.

Request court to release original and replace them with certify copy of originals, - than no need to withdraw and don`t pay anything to lawyer.

It`s your property, if opposite party create nuisance, file polcie complain.

Complain to BAR council and BAR association office.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Issue notice to your lawyer that you do not want to engage his services any more .

2) next date apply to court to withdraw the case . You can appear in person

3) make application to court to return your original documents

4) court would permit you to withdraw original documents on furnishing xerox copies

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Sir visit the state bar council office AP bar association write a formal complaint and about the act of the advocate further give a copy of same before the court also. Further in court seek permission to appoint new advocate without NOC as the earlier is harassing and you made a complaint against same,

Further suit can be withdrawn with the simple application. Further i would advise you not to withdraw the suit change advocate engage good advocate. Further your original documents are exhibited in the suit they are safe in court can be taken on application.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You need not pay the exorbitant amount demanded by the advocate for giving NOC.

If you dont find any lawyer willing to take up your case you may engage an advocate from outside the jurisdiction.

In fact it is necessary to obtain NOC from the previous advocate for engaging the services of a new advocate.

If any genuine fee to be given to him then you may pay that take back the bundle from him.

The documents are safe in the court.

You can retrieve them from court by submitting certified copy of the same as a replacement to the original documents.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

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