bharat khatwani
28 July 2024 at 17:49
defendants often claim that they never received registered letters (RPAD)/speed post/registered post, even when website of postal department confirms delivery. This old trick is routinely accepted by courts, frustrating the petitioners struggling for justice .How to counter this?
bharat khatwani
27 July 2024 at 21:45
Dear Members of the Public,
The erosion of public trust in the legal system poses a serious threat to our democracy. A significant factor contributing to this erosion is the apparent disregard for existing ethical guidelines among some advocates.
The Problem: Baseless Claims in Legal Notices
I conducted an experiment on a legal forum (Pathlegal) to investigate this issue. I asked if an advocate would draft a legal notice for a bank robber's accomplice claiming an unfair share of stolen money. Disturbingly, most advocates showed no reservations. This indicates a failure to adhere to ethical standards despite clear guidelines.
Personal Experience
Recently, my tenant claimed INR 400,000 for renovations after 24 years based on an alleged oral agreement with my father in 1999. This claim contradicts the Statute of Limitations and lacks credibility. Unfortunately, such baseless claims are becoming increasingly common.
Ethical Concerns and Recommendations
To restore public trust, I urge the Bar Council to:
Review and Reinforce Existing Rules: Ensure guidelines are widely understood and adhered to. Develop campaigns to educate advocates on their ethical duties.
Enforce Disciplinary Measures: Implement stricter consequences for violations, including warnings, suspensions, and potential disbarment for repeated offenses involving baseless claims. Enhance the capacity of disciplinary committees to act promptly.
Promote Ethical Advocacy: Strengthen guidelines to prevent frivolous lawsuits. Implement mandatory continuing education programs on ethical conduct.
By taking these steps, the Bar Council can deter unethical practices and reduce frivolous lawsuits, leading to a more efficient and just legal system.
Support the Petition
I have uploaded this petition at Change.org. Please support it to help establish the rule of law and restore public trust in our legal system.
Read more at: Lawyers Club India
Thank you for your support.
Sincerely,
Bharat Khatwani PS. This is being reposted to make sure that it is not ignored just because it was anonymous.
bharat khatwani
27 July 2024 at 21:32
After reading the responses to my issue on this forum and consulting several advocates, it is now clear that it is a common strategy to send baseless legal notice and stop paying rent to force landlords to file cases and waste 10 to 15 years in legal battles. This practice will continue until an advocate is punished for sending baseless legal notices. Therefore, I have decided to ask the Bar Council to take action against the advocate. I need help to present my case before the Bar Council properly, and I am seeking the assistance of ethical advocates.I am willing to pay for it.. To: Bar Council of India, New Delhi. Pl. suggest corrections to improve this draft. Date: [Insert Date]
To:
Bar Council of India
New Delhi
Subject: Complaint Against Advocate [Advocate Name] for Professional Misconduct
Dear Members of the Bar Council,
I am writing to formally lodge a complaint against Advocate [Advocate Name] for serious professional misconduct.
On [Date], I received a legal notice containing false and unsubstantiated claims. Specifically, the notice alleges exorbitant repair costs amounting to a sum equivalent to 150 years' rent, false claims of rent deposits into my bank account without supporting receipts, and other unfounded accusations.
Specific Claims and Refutations:
Time-Barred Claim: The notice asserts that the tenant spent Rs. 400,000 on renovations in 1999 (equivalent to 120 years' rent) and claims there was an oral agreement with my father for reimbursement. However, such an agreement made in 1999 is time-barred under the Limitation Act, 1963.
Unsubstantiated Claim: There has been no mention of these renovations or the alleged agreement in any prior communication, including a letter dated 10/08/2023, or any electronic messages.
Uncorroborative Claim: Despite the alleged oral agreement, the tenant continued to pay rent without dispute for 24 years, which contradicts the current allegations.
False Allegations of Rent Deposits: The notice further alleges that the tenant deposited rent into my bank accounts without receiving receipts. This is a fabrication, as there was no such claim about missing receipts in the tenant's prior letter dated 10/08/2023, which was written just before the legal notice.
Evidence of Fabrication:
It is pertinent to highlight that the claims asserted in the legal notice are conspicuously absent from the tenant's letter dated 10/08/2023, which predates the legal notice. Moreover, a thorough review of all prior communications, including WhatsApp messages, emails, SMS, and letters, reveals no mention of these allegations. This glaring inconsistency strongly suggests that these claims were fabricated after the fact.
Advocate’s Conduct:
Despite receiving my comprehensive response refuting the unfounded allegations, Advocate [Advocate Name] has persisted in maintaining the legal notice containing these baseless claims. This demonstrates a deliberate disregard for the truth and a calculated attempt to prolong the legal proceedings. By fabricating these spurious claims and obstructing the resolution of this matter, the advocate has shown a clear pattern of misconduct.
Furthermore, the absence of delivery receipts for multiple letters sent to both the tenant and the advocate underscores the advocate's active involvement in this deception. When I attended a few court sessions in person, I learned that this is a very old trick adopted by crafty advocates because courts usually treat it very lightly. This behavior strongly suggests that the advocate is not merely acting on the client's instructions but is a willing participant in this misconduct.
Violation of Bar Council Guidelines:
Advocate [Advocate Name]'s actions clearly violate the Bar Council of India's guidelines on professional conduct and etiquette, specifically:
Rule 4: Refuse to act in an illegal manner towards the opposition. By persisting with false claims and obstructing the resolution of the matter, the advocate has acted in an illegal and improper manner.
Rule 5: Refuse to represent clients who insist on unfair means. The advocate has continued to represent the client despite knowing the claims are unfounded, indicating a willingness to use unfair means.
Impact:
This misconduct by Advocate [Advocate Name] has caused me significant emotional distress and financial hardship. The constant threat of legal action based on fabricated claims has caused me considerable anxiety and sleepless nights. I am constantly worried about the potential financial burden and damage to my reputation if these false allegations are not addressed swiftly.
The legal notice has already caused financial strain. I have had to incur expenses for consulting with a lawyer to prepare a response to these baseless claims. Additionally, the potential for a prolonged legal battle looms large, which could result in significant legal fees and court costs. This financial strain adds to the emotional stress I am experiencing.
Attachments:
I have attached copies of the legal notice, my response, and supporting documentation for your review. It confirms that the entire legal notice sent by the advocate is flawed and violates Bar Council guidelines.
Request for Action:
I request that the Bar Council conduct a thorough investigation into this matter and take appropriate disciplinary action against Advocate [Advocate Name]. By taking decisive action, the Bar Council can send a strong message that unethical practices will not be tolerated.
I am committed to working with you and stand ready to provide any further information or clarification required.
Thank you for your prompt attention to this serious matter.
Sincerely,
Bharat Khatwani
573, Jawahar Colony P.S. Previous post was posted as anonymous so reposting it with my name for better response.
Anonymous
27 July 2024 at 11:17
A Hindu family (Father and 3 sons), holds about 12 acres of inherited agriculture land. Since elder son "S1" left away from the family in a dispute, the father and other 2 sons Partition the properties into 3 shares and took each one. They completely excluded son "S1" in the registered partition deed. The son "S1" died 6 months after the execution of the partition deed. Now the wife of the died son "S1" was about to file a partition suit,
1. Whether the Registered Partition deed is a Void document or Voidable document?
2. Whether the son "S1" s Wife needs to pray, to declare the Partition deed "Null and Void"? Or mere partition suit without such prayer is maintanable?
3. What is the Limitation to file the suit?
Thanking You
Mainak Dutta
26 July 2024 at 22:13
Hi, I live in Kolkata, West Bengal. My father is trying to sell an old flat of ours which was allotted to him though a cooperative society on 1986. Now the buyer is trying to get a loan and the bank is asking for an NOC from the cooperative society, but that particular society doesn’t exist anymore. All of the members died and no new body was formed. What will be the next step here?
Anonymous
25 July 2024 at 17:03
I am going to purchase resale flat in housing society. However on the sale agreement the floor number is mentioned correctly as First floor. But on the sale deed in some parts, floor number is mentioned as second floor and in some parts it's mentioned as first floor. Flat no. is correctly mentioned everywhere.Can I proceed further with this deal ? Thanks alot for this advice 🙏🏻
Anonymous
25 July 2024 at 16:56
Dear Experts, kindly answer my query.
My friends father had 3 self acquried properties in his name. 2 Houses and one plot of size 100 x 60 in which he constrected 6 shops in 100 x 20 in front area and left 100 x 40 backside as empty land.
In his "will" he allotted 1 house to his son, 1 house to his daughter and allotted 6 shops to his wife, with condition that she can only enjoy the income (rent) from 6 shops and after her lifetime 3 shops shall be taken by his son and 3 shops shall be taken by her daughter.
In his "will" he does not mention anything about the empty land at back side of the shops (100 x 40).
1. How this portion of property (100 x 40) devolve?.
2. Does his wife get any share in that "left out" (100 x 40) plot if so it will her absolute property or it will be her life time property?
Prakash Patel
25 July 2024 at 10:42
Sir, I have a piece of non agricultural land in maharashtra. I had given a p.o.a. to mr.X. In which i mentioned that Mr.X has all authority regarding the land including sale the land on my behalf. Now the p.o.a.holder Mr.X him self want to purchase the said land.Can he purchase the land as a p.o.a holder in his name by executing the registration .
Please advice.
Thanks.
bharat khatwani
22 July 2024 at 11:59
My tenant has stopped paying rent after sending a legal notice TO ME demanding an insane amount (equal to 150 years' total rent) allegedly spent by him for repairing. He has also stated that the rented premises further need major repairs to make it safe to live. 80% of this amount is claimed as per an oral agreement with my father 24 years ago. This claim is time-barred and insanely inflated. This amount is more than that required to construct a house double in size on the date of the so called oral agreement. This amount was never demanded by the tenant in the past 24 years, nor did he demand it in a letter written prior to HIS the legal notice. This is usual practice of tenant and advocates. They demand such insane amount to vacate the house or if landlord is not able to pay it, they offer to buy house at throw away price.because courts take 10/15 years to settle such cases. Courts do not pass strictures against tenant/advocates for frivolous litigations, so there is huge rise in cases related to tenancy. Some landlords have initiated land grabbing case against tenants. Tenants went to Gujarat High court to challenge these cases. Recently Gujarat High court has dismissed more than 100 cases challenging land grabbing cases initiated by lower courts. What precautions should be taken to safeguard against counter actions of tenanat?
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My wife's equal right in ancestral property
My Father in Law (my wife's father) has an ancestral agricultural land of 4 acres in Kolhapur, which was transferred on his name by his father. He also has a 1 married son. He is unwilling to give any part of this land to his daughter (my wife) & also not ready to include her name in 7/12 extract. Does she have any right of claiming any part of this land if her name is not included?