Anonymous
25 August 2024 at 17:03
Party1 is my (Male, 50) family, and the counterparty (father, mother, my late brother family). No sister. Party and Counterparty are resident of Hinjewadi, Pune but originally from Bihar. My mother is abusive to relatives, elders, her uncle, or anyone not obeying her including husband. I have call record (digital copy) of my late brother to prove she is abusive and beats her husband. She pressure on everyone except my immediate family.
Four years ago, we sold an Ancestral property (Bihar City) based on written family arrangement (20% to each son, and 30% on father name with my son as exclusive nominee, 30% to mother with my brother’s son as exclusive nominee). Tax return, subsequent calls(digital records with me) all are in accordance with that, and family members, particularly my father frequently appreciated it.
Six months ago, I agreed to the sale of other Ancestral property in Bihar village on the condition that the sale would be done as per earlier family arrangement. Furthermore, when my father was in good health, he wrote a separate plan on a paper stating 50-50 split between two sons with a small gift deed to a helper, which all of us had agreed verbally. (Have his call record, confirm 50-50 split).Helper gift deed done by father recently, as per plan.
Four weeks ago, my mother fought with me and tried to frame me in false criminal case and usurp all properties as a revenge to not obey her. The counter party (my father under pressure I assume) joined and planning to deprive me of my rights. Counter party received advance payment in joint account despite my objections (to them and also to buyer).
Helper (gift deed) , buyers of property all confirmed on call (I have records) that it was to be 50-50 between brothers, payment was supposed to be at time of registration.
My lawyer served counterparty with a notice for criminal breach. In their reply, counter party lawyer offered me 1/4 as a charity (without any liability to them) once sales is registered. They falsely claimed that I have received excess payment for previous City ancestral property deal as I was in need (false). Just now, I have responded with transcript of all calls and proof, Tax records, bank transactions that all allegations are false. Money is no more important but being right or wrong so, we outright rejected their offer.
Counterparty are financially ok. I want to get exactly as per family arrangement, not a Rs more not a Rs less. In my reply/ replication, I have withdrawn my assent to the sale of village ancestral property as they are cheating. Now my father is too old, he, under pressure, may say that he won't agree to his own written plan even though he already followed it while gifting helper.
(A) Can my father insist a different distribution from agreed family plan, and his own written plan, verbal agreement (recorded)? Or he can not deny for this village property under discussion but, he can insist 1/3 to me for all remaining Ancestral property? (Note: as said above, he made a gift from this village ancestral property as per his written plan which is allowed if coparcener agreed. My approval was subject to following full written plan.
(B) My lawyers is saying (1) my case is good for criminal breach (2) But first file for injunction ( go to village, 2000km from Pune) as per rights. But if it is injunction, I want to seek not 1/3 but as per family arrangements. If court accepts 1/3 only, I do not want to injunction, but file file criminal case. I have few dozen call records, two signed documents etc to prove my point. Kindly suggest best course.
(C) My lawyer says that I can file criminal case in Pune as all parties are located here.
Please advise on three points above. Thank you.
bharat khatwani
25 August 2024 at 09:53
I am preparing to lodge a formal complaint with the Bar Council against an advocate who sent me a legal notice on behalf of my tenant, demanding an amount equivalent to 150 years' rent for repairs and renovations. A large portion of this expense is time-barred, as it refers to a supposed oral agreement made 25 years ago with my late father, after which the tenant remained silent until now. Despite my reply to the notice—clarifying that the claims are baseless and requesting a withdrawal—I have received no response. I intend to proceed with the complaint even though I am aware that the Bar Council has historically not penalized advocates for refusing to withdraw baseless legal notices. Here are some defenses I anticipate from the advocate: Good Faith Defense: The advocate may argue that they acted in good faith based on the tenant’s instructions and were unaware of any fabrications or violations of Rules 4 and 5 of the Bar Council. Client's Instructions: They might claim they are not responsible for verifying the accuracy of the client’s claims and are simply representing their interests, suggesting that they should not be held liable for potential fabrications. Ambiguity in Rules: The advocate could challenge the interpretation of Rules 4 and 5, arguing that there is no clear precedent that directly applies to this case, thus weakening my claims of professional misconduct. Lack of Precedent for Penalties: The advocate might highlight that no one has been penalized under these rules in the past, attempting to downplay the seriousness of the allegations. I would greatly appreciate your insights on how to effectively counter these defenses. Any suggestions for strengthening my case or additional angles I could explore would be invaluable. Thank you in advance for your guidance. P.S. I want to check out response of multiple advocates, so do not chose RESOLVED option after airing your views.
P.S.
With love to Mr.Kalaiselvan,
I must clarify that I did not intend for the matter to be marked as RESOLVED after your comment. My goal is to gather diverse perspectives from multiple advocates and explore all possible angles before finalizing my course of action.While I respect your opinion, I believe that stifling further discussion by marking the query as resolved prematurely prevents other advocates, who may
have valuable insights, from sharing their views. I would kindly request that you refrain from marking the issue as resolved, especially if you do not agree with the line of inquiry. Instead, I encourage open dialogue to help me fully understand the legal landscape I am navigating.
Legal matters can be complex and nuanced, and differing viewpoints are not only welcome but necessary for me to make informed decisions. I trust that you understand the importance of allowing a free exchange of ideas on such platforms.
bharat khatwani
25 August 2024 at 08:02
I am preparing to lodge a formal complaint with the Bar Council against an advocate who sent me a legal notice on behalf of my tenant, demanding an amount equivalent to 150 years' rent for repairs and renovations. A large portion of this expense is time-barred, as it refers to a supposed oral agreement made 25 years ago with my late father, after which the tenant remained silent until now.
Despite my reply to the notice—clarifying that the claims are baseless and requesting a withdrawal—I have received no response. I intend to proceed with the complaint even though I am aware that the Bar Council has historically not penalized advocates for refusing to withdraw baseless legal notices.
Here are some defenses I anticipate from the advocate:
Good Faith Defense: The advocate may argue that they acted in good faith based on the tenant’s instructions and were unaware of any fabrications or violations of Rules 4 and 5 of the Bar Council.
Client's Instructions: They might claim they are not responsible for verifying the accuracy of the client’s claims and are simply representing their interests, suggesting that they should not be held liable for potential fabrications.
Ambiguity in Rules: The advocate could challenge the interpretation of Rules 4 and 5, arguing that there is no clear precedent that directly applies to this case, thus weakening my claims of professional misconduct.
Lack of Precedent for Penalties: The advocate might highlight that no one has been penalized under these rules in the past, attempting to downplay the seriousness of the allegations.
I would greatly appreciate your insights on how to effectively counter these defenses. Any suggestions for strengthening my case or additional angles I could explore would be invaluable.
Thank you in advance for your guidance. P.S. I want to check out response of multiple advocates, so do not chose RESOLVED option after airing your views.
bharat khatwani
25 August 2024 at 07:30
I need details of case in which Bar Council has penalized any advocate for violating Rule 4 and 5 of the conduct rules. I am ready to pay.
Anonymous
25 August 2024 at 00:21
I don't want to give my property to government what can I do
Anonymous
24 August 2024 at 01:17
Sir, I had received DM notice through Tehsildar for attaching my property under sarfesi act. Consequently, I filed a case in DRT, subsequently, the Tehsildar Stayed the possession proceedings till the finalisation of case in DRT.
The lawyer of creditor, says that Tehsildar, cannot grant a stay as it is not under his jurisdiction.
Please clarify
Akhil Verma
23 August 2024 at 11:49
Respected Mam,
Interest rate which was fixed in my Gold OD of Rs. 5.00 lacs is not reduced by Bank even after multiple written reminder and 2.5 month of correspondence.
Please get it reduced to the original set ROI i.e. 7.50% as per agreement, which was supposed to be fixed for 3 years.
Regards,
Akhil Verma
Akhil Verma
23 August 2024 at 11:06
I bought a property House from Nationalised Bank in Punjab as a notice has been published by Bank under Sarfaesi Act for sale of said property. I bid for this property by checking the property paper inspected at branch level and become Highest bidder in the said eauction. As bank is not having physical possession, Bank's recovery Agency personnel Called me on the time of Bidding and act as Bank personnel and assured me Physical Possession after bidding.
Now Bank is ignoring and not replying in this matter, I have given 90 days to deposit remaining 75% amount under Sarfaesi Act. Current Owner is not vacating the house. Recovery agency is trying to get notice issued from the Tehsildar Office.
What are the option to get the property vacated even if bank unable to Provide Physical Possession.
Bank has published notice in leading Newspaper even without mentioning the details like Symbolic Possession or Physical Possession.
bharat khatwani
23 August 2024 at 09:00
I am going to lodge complaint against advocate in bar council.Read draft,act like accused advocate and present your defence,it will help me in improve my draft. To: The Chairman, Bar Council of India
21 Rouse Avenue, Institutional Area,
Near Bal Bhawan, New Delhi - 110002
Date: [Insert Date]
Subject: Formal Complaint and Request for Disciplinary Action Against Advocate [Advocate Name] for Professional Misconduct
Respected Chairman and Members of the Bar Council,
I, ********, hereby lodge a formal complaint against Advocate [Advocate Name] for serious professional misconduct. I request urgent intervention from the Bar Council to uphold the dignity and integrity of the legal profession.
1. Context of the Complaint:
In 1978, my father rented out a house located in the ******* area, to Mr. ******. As per the agreement (compromise) reached in court, the rent was fixed at ₹300 per month, and the tenant was responsible for any future increases in municipal taxes. However, the agreement mistakenly omitted mentioning the Mehsul Tax. To address this, it was mutually agreed that the tenant would pay municipal taxes, while my father, the landlord, would be responsible for Mehsul Tax. This arrangement continued even after my father's passing. Legal notice sent to me also confirms that rent was 300 + municipal taxes.In 2019, to curb my tenant's habit of late payments and frequent demands for money for repairs, I requested him to start paying rent by cheque. Unfortunately, even this approach didn't lead to any improvement. My bank passbook confirms that he hasn't sent any cheques since the one for ₹3600 in January 2019.
On July 2nd, 2023, the tenant visited me and claimed to have spent money on installing new sewage and water pipelines. He also demanded rent receipts for the money spent by him but failed to provide any supporting bills or vouchers. Although this demand was not in line with the Rent Act and he hadn't sought my permission before incurring this expense, I still requested him to present the bills/vouchers and a copy of the application submitted to the Municipal Corporation for the new connections.This request apparently upset him, and he sent a letter dated August 11th, 2023, along with a cheque for ₹3600. In the letter, he vaguely mentioned filling a large cavity measuring 10' x 5' x 6' deep, but again, without any documentation. He also demanded that I undertake major repairs, claiming the house was unsafe to live in. Additionally, he tried to pressure me by stating that I would be held personally responsible for any fatality.Since the occurrence of a cavity in a pucca (well-built) house is highly unusual, I requested him, on September 10th, 2023, to provide details of the pipe installation (which he omitted in his letter) to help identify the cause of the cavity. An abnormally large cavity has the potential to cause significant damage to the structure, so this information was necessary.On [Insert Date], I received a legal notice from Advocate [Advocate Name], filled with falsehoods and baseless allegations. These include exorbitant repair costs, fabricated claims regarding rent deposits without receipts, and other unsubstantiated assertions. Below are the specifics of these spurious claims and my refutations:2. Specific Allegations of Professional Misconduct:
2.1 Inclusion of Time-Barred Claims:
The notice asserts that the tenant incurred expenses of Rs. 4,00,000/- on renovations in 1999, based on an alleged oral agreement with my late father. These claims are clearly barred by the Limitation Act, 1963, and lack any legal standing.
2.2 Pushing Unsubstantiated Claims:
The legal notice introduces claims never previously mentioned, including in a letter dated 10th August 2023, which predates the notice. No evidence or documentation has been provided to substantiate these new allegations.
2.3 Ignoring Contradictory Conduct of the Tenant:
Despite the alleged oral agreement, the tenant continued to pay rent without dispute for 24 years, which inherently contradicts the current claims.
2.4 Suspicious Timing:
The tenant purportedly undertook repairs without my knowledge or consent. Following my letter dated 10th September 2023 raising concerns, a legal notice was strategically issued to undermine my position.
2.5 False Claim of Rent Deposit:
The notice falsely alleges that the tenant deposited rent into my bank account without receiving receipts. This claim is unsubstantiated and contradicts the tenant’s earlier communication dated 10th August 2023.
3. Evidence of Fabrication and Misconduct:
A thorough review of all prior correspondence, including letters, emails, SMS, and other forms of communication, reveals no reference to these claims. This strongly indicates that the allegations were concocted as an afterthought to avoid addressing the legitimate issues I raised.
4. Deliberate and Malicious Conduct by Advocate [Advocate Name]:
Despite my detailed and comprehensive response refuting these baseless claims, Advocate [Advocate Name] persists in maintaining these falsehoods. This conduct is a clear attempt to obfuscate the truth and unjustly prolong legal proceedings.
Such behavior constitutes a grave violation of the professional conduct rules established by the Bar Council of India, specifically:
Rule 4: Advocates are duty-bound to refuse to act in any manner that is illegal towards the opposition.
Rule 5: Advocates must not represent clients who insist on using unfair means.
5. Broader Implications of Such Misconduct:
This is not an isolated incident. It reflects a concerning pattern where some advocates exploit legal loopholes to harass and intimidate individuals. Such conduct erodes public trust in the legal profession and undermines the rule of law.
6. Impact on the Complainant:
The unethical actions of Advocate [Advocate Name] have caused me immense emotional distress and financial hardship. The constant threat of baseless litigation has led to anxiety, sleepless nights, and unwarranted legal expenses.
7. Prayer:
In light of the above, I humbly request the Bar Council of India to:
Initiate a thorough investigation into the professional misconduct of Advocate [Advocate Name].
Impose appropriate disciplinary measures to deter such unethical practices in the future.
Implement systemic reforms to address the broader issues that enable such misconduct, including stricter oversight and clear guidelines for verifying claims made in legal notices.
Mandate that courts report any advocate misconduct to the Bar Council for immediate action.
8. Conclusion:
I trust that the Bar Council will take prompt and decisive action to uphold the sanctity of the legal profession and restore public confidence in our justice system.
Thank you for your consideration and anticipated action.
Yours sincerely,
*******
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Leave and license agreement
What is leave and license and if I make this agreement, can the party sell or take possession of my property? If not, can I make this agreement for 3 years and if there is some dispute between me and that party? If so, can I cancel the agreement and return her deposit and leave? I want to give the ground floor and I will live above, will there be any problem with this?