Need advice from my learned friends on the way forward on the undernoted case.
My grandmother ( 5 sons) left behind a Registered Will , dividing the property between her 4 sons +1 grandson, and excluded one son since he never looked after her , and had put her in heavy debt.
Post her demise , the prodigal son filed a suit of partition in 1998.
My maternal uncles ( education level below class 10) appointed a lawyer to file a probate for the will , and fight the partition suit.
Inspite of repeated followup the lawyer delayed filing of the probate.
On 3.6.2008 the judge passed a preliminary decree giving 1/5 share of the property to the prodigal son , with complete disregard to the Registered will , because :-
- The Ld lawyer of the defendants was never present at the time of argument , but he was present at the time of the judgement.
- He never presented the Registered Will as evidence , hence the judge expressed his dilemma on the existence of the same.
- He never mentioned that he had filed for probate on 7.6.2008.
Our lawyer took appearance fee for every date , but never gave a receipt for the same.
He never appealed against the adverse judgement.
He always kept on assuring us , that he was giving a fitting reply , and would make us win the case.
He also misrepresented the fact , that the Probate was held up because a partition suit was pending in the court. Hence Probate can only be applied post judgement in the partition suit.
While reviewing his progress on the Probate we found out the following :-
-He took 10 years to file the probate ( ie: 3.3.1998 - 7.6.2008).
- He took appearance fee for every date, no receipt was given as per practice.
- 11 dates were given out of which
4 he did not appear
2 he just filed hajira
3 he prayed for time / adjournment
1 he was show caused by court for non appearance
1 he filed a petition against the show cause to save the case.
Till date the SR for the probate not filed
- Hence our lawyer during the continuance of the brief did not make full & frank disclosure on the interpretation likely to adversely impact the interest of my uncles.
- He did not appear on most dates , giving false and lame excuses at the court , hence the judge gave an adverse judgement against us.
Can we
- Complaint to the Bar council (West Bengal ) against the lawyer for his wilful negligence , and our loss there from.
- Can we change the lawyer now. How . If so , what would be the consequences.
Need your advice on this
