• Lawyer not doing his part

Sir/Ma'am,

My house in hyderabad, gifted to me via unconditional giftdeed was sold without my signatures and approval in 2009. I filed a case in district court and won the case.

The buyer went to high court. My case is very straight forward, yet the district court advocate took 13 years to complete the case.

I changed the advocate for hightcourt. The current high
court advocate took the payment for the case around five months back, signatures on all needed document, but did not file the case. Upon repeatedly following up with my hightcourt advocate, he claims I have to wait more and this is normal.

At the time of payment my highcourt advocate told me he will file executive petition for getting property back to my name and counter for the opponent filing in two days, now it is five months with no progress.

What should I do?
Asked 2 months ago in Property Law
Religion: Hindu

3 answers received in 30 minutes.

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23 Answers

Complain against advocate to bar council as he has taken fees but not filed case in HC 

 

also change your lawyer 

Ajay Sethi
Advocate, Mumbai
94738 Answers
7539 Consultations

5.0 on 5.0

 

There are no short cuts in litigation 

 

you are correct unconditional gift deed cannot be revoked without your consent 

Ajay Sethi
Advocate, Mumbai
94738 Answers
7539 Consultations

5.0 on 5.0

Visit the bar council website of your state 

 

you can complain online in the format mentioned online together with supporting documents 

Ajay Sethi
Advocate, Mumbai
94738 Answers
7539 Consultations

5.0 on 5.0

You said that the opponent has approached the high court with an appeal, in which you will be a respondent.

In that case until the case is listed for hearing your advocate cannot do anything about it.

It may be 5 months or still longer if the case is not posted in the list of hearing.

In the absence of any stay order by high court you may file an execution petition in the trial court to execute the trial court order to retrieve possession 

If the trial court lawyer or the high court lawyer are not cooperating in this aspect you may change a good lawyer who will take up your case to procure relief as per law.

 

T Kalaiselvan
Advocate, Vellore
84935 Answers
2197 Consultations

5.0 on 5.0

No doubt the unconditional gift cannot be revoked, besides a gift deed cannot be executed with any condition.

Even otherwise you have already won the case ion the basis of the legal fact, then what is your new doubt it at this stage

T Kalaiselvan
Advocate, Vellore
84935 Answers
2197 Consultations

5.0 on 5.0

You do not have any reason to make a complaint agaisnt the advocate for the delay.

if the advocate has done a professional misconduct then you can make a complaint against him.

The address of bar council can be found in the internet itself.

You can find the procedures from the website of the concerned bar council 

T Kalaiselvan
Advocate, Vellore
84935 Answers
2197 Consultations

5.0 on 5.0

Dear Client,

Start by visiting the official website of the bar council in the jurisdiction relevant to your concern. Look for a "Contact Us" or "Complaints" section on the website. Many bar councils provide email addresses for general inquiries and complaints. Look for an official email address on the website, and if available, send a detailed email explaining your situation. Some bar councils offer online complaint forms on their websites. Navigate through the website to find a section specifically for filing complaints. If there is an online form, fill it out with the required information.

Anik Miu
Advocate, Bangalore
8892 Answers
110 Consultations

4.7 on 5.0

You can complain to the bar counsil with regards to the conduct of the advocate through e-mail also. Details are available on the website. However, that will not help you in resolving your dispute. 

 

It is advised that you get in touch with an advocate who can do your job in a timely manner and report the same to you timely. Let me know if I can be of any help. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

ask him to o refund your fees if he is not filing your case else file a complaint to bar council 

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

Lodging complaint with the Bar Council is of not much help unless there is clear case of fraud.

Instead engage someone upon whom you can rely more .

 

Devajyoti Barman
Advocate, Kolkata
22825 Answers
488 Consultations

5.0 on 5.0

from what i gather from your query is -

there is a decree in your favour passed by the district court

the defendant buyer has challenged that decree by filing an appeal in high court

your advocate will also be taking out an application for putting the decree in execution since there appears to be no stay granted by the High Court in the buyer's appeal

if you have indeed signed on the execution papers and the same is not yet filed by your advocate then that raises doubts

the execution petition should be filed immediately upon the defendant/judgment debtor refusing to comply with his obligation under the district court decree and in any event not more than 2 years from the date of the decree

if your lawyer has become unresponsive after taking fees then this amounts to professional misconduct. you will have to approach the State Bar Council. 

I am not aware if the state bar council accepts online complaints in your state, which you will have to figure out by making inquiries or check on the website of the state bar council as to the procedure of filing a complaint 

Yusuf Rampurawala
Advocate, Mumbai
7515 Answers
79 Consultations

5.0 on 5.0

- As per transfer of property Act, an unconditional gift deed cannot be cancelled even the the executor 

- Since, the said lawyer has already received the payment from you in the form of Fees , then he is under obligation to give his best services to you. 

- You can lodge a complaint before the Bar Association against him after giving him a notice that he is not performing his work as promised . 

- Further, if you are unable to come to India , then you can give POA to any relative for pursuing the case on your behalf. 

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

BC will issue notice on your complaint to your advocate. But it takes time. It doesn't happen instantly. 

Have you even terminated the authority of your HC advocate and called upon him to return the original papers ? 

Yusuf Rampurawala
Advocate, Mumbai
7515 Answers
79 Consultations

5.0 on 5.0

Bar council will act based on your complaint against the lawyer 

 

2) issue notice to your lawyer to hand over certified copy of judgment and decree 

Ajay Sethi
Advocate, Mumbai
94738 Answers
7539 Consultations

5.0 on 5.0

If you are a party to the case you directly apply for the certified copies by filing a copy application with the court concerned.

If you have already made a complaint against the advocate with the bar council and not getting reply then you submit an application under RTI act and seek for the status of your complaint.

T Kalaiselvan
Advocate, Vellore
84935 Answers
2197 Consultations

5.0 on 5.0

Dear Client, if bar council has not replied back then physically go to the bar council and give a written complaint.

To obtain a certified copy of a judgement, please apply to the court registry with the following:A fee for the order, the case number, and the registration year.

Anik Miu
Advocate, Bangalore
8892 Answers
110 Consultations

4.7 on 5.0

You need to file a complaint along with affidavit and required fees at bar council and the same will be decided by bar council by hearing both sides 

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

Your lawyer is misguiding you. Your first priority should be filing of case or reply to appeal filed by buyer in high court. Court proceedings took time. However, in given circumstances your should firstly change your lawyer and should engage a competent lawyer with instruction to proceed with the case. Nowadays you can also check proceeding and court orders on internet by visiting court site. For rest details are required to be examined. On gift you become absolute owner and it is donor or original owner who only can revoke gift within prescribed time. 

Siddharth Srivastava
Advocate, Delhi
1246 Answers

5.0 on 5.0

- Bar council of India will take necessary action and will response you 

- You can apply for getting certified copy of the judgement directly without the assistance of lawyer and even he has the said documents. 

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

1. Change the lawyer in your own interest immediately and engage a fresh lawyer who is trustworthy.

 

2. Also engage someone of Hyderabad to at least look after the case.

 

3. If the Buyer has filed Revisional Petition 5 months ago, certainly it has come up for hearing. 

 

4. You should regularly verify from the eCourtsservices portal about the status of your case to further act accordingly.

Krishna Kishore Ganguly
Advocate, Kolkata
27220 Answers
726 Consultations

5.0 on 5.0

If the gift was a valid gift as per law without having any condition and if the person who has gifted you the property has not challenged the gift deed, then no third party can sell the said property without your consent.

Krishna Kishore Ganguly
Advocate, Kolkata
27220 Answers
726 Consultations

5.0 on 5.0

You can write a complaint letter to the appropriate Bar Association with a copy to the Bar Council of India.

Krishna Kishore Ganguly
Advocate, Kolkata
27220 Answers
726 Consultations

5.0 on 5.0

1. Your complaint to be lodged to the Bar Council or Association may not be replied and even if it is replied, it is not going to affect your case.

 

2. Find out the status of your case and also the interim orders passed by the Judge through eCourtsServices as advised in my earlier post and act accordingly.

Krishna Kishore Ganguly
Advocate, Kolkata
27220 Answers
726 Consultations

5.0 on 5.0

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