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,
*******
Yateen
22 August 2024 at 18:58
Hello,
My property is in south Mumbai and it is a pagdi property. I just wanted to know that can we add a point in the irrevocable consent form such as "I give my consent on the terms and conditions as more particularly mentioned in the MoU and the same be treated as integral part hereof"
Anonymous
22 August 2024 at 10:08
I want to know that if there is a partnership between two people and the profit share is such that the first party is asking for 60% share and the second party is asking for 40% share, then is the first party at home? He is investing money to run the guest house but the property is in my grandmother's name. Can the first party sell or take possession of the property.
ANIKET OSWAL
22 August 2024 at 01:20
I have 2 attached bungalow plots in a bungalow society. I want to make a hospital at my plot. I have separate access to the main road. Can I freehold it from society?
Anonymous
21 August 2024 at 22:14
i have taken property(flat) which is under construction on my name and the stamp duty registration being done, but initially my father paid some amount to builder , so is it necessary to make gift deed
Read more at: https://www.lawyersclubindia.com/profile.asp?member_id=1063009
Chetan
20 August 2024 at 22:40
Greetings to All!
As per The Himachal Pradesh (HP) Tenancy and Land Reforms Act 1972, no provision is there to do mutation of gair marusi (Non Occupancy) property in the name of daughters as mutation is allowed/possible for male legal heir only.
If a gair marusi person is having daughters only and he adopt a son, in that case is this son by default become legal heir of gair marusi property for mutation in his name. Thanking you all in anticipation of legal advice, please.
Regards
Geetha B
19 August 2024 at 14:28
We have given our land to JV and 8 flats were build .My flat is the only only that is for 1800 sqft .Rest of the 7 flats are 900 Sq ft. When we got the handover it was decided we will pay flat maintenance charge. Now one of the owner of the 7 flats is forcing us to pay double maintenance. The maintenance is towards security, gentset, common EB charges for lift and motor. Even when genset was installed they collected only 8 shares now one of the owner is saying to put as 9 shares since we live in 1800 sqft but they live in 900 sq ft apartment.
I have stated that I can only pay if its divided by 8 .I cannot pay double maintenance charges for my flat .The occupancy of my flat is only 3 members, but each of the 900 square feet flat has separate 4 member family.
How can I resolve this legally. Please provide pointers
Arvind Pandey
18 August 2024 at 17:36
I live in Canada. My father had a flat in housing society in mumbai. He passed away. He nominated my elder brother who is society member but does not live in that flat.
I will be returning to India and want to live in the flat but my brother wants to sell it.
What's my rights to live in the flat?
Thanks
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Regarding providing physical possession
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.