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
08 July 2024 at 19:03
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.
Subject: Urgent Action Needed: Advocate Misconduct and Epidemic of Baseless Legal Notices
Dear Members of the Bar Council,
I am writing to bring to your attention a serious issue that is undermining public trust in our legal system: the unethical practice of sending baseless legal notices. Recently, I received a legal notice from my tenant, drafted by Advocate***********, containing fabricated allegations and time-barred claims, leading to the tenant stopping rent payments. Despite my detailed response highlighting the absurdity and lack of evidence, the advocate neither withdrew the legal notice nor advised his client to resume paying rent.
To delve deeper into this issue, I conducted two experiments on Pathlegal. In one, I posed a hypothetical scenario involving a bank robber's accomplice seeking an unfair share of stolen money. Disturbingly, most advocates showed no reservations about drafting such an unethical notice. In another experiment, even when presented with clear Bar Council guidelines to be fair to the opponent, advocates still showed willingness to pursue baseless cases.
These experiments underscore a deeply ingrained problem within the legal community, contributing to a backlog of frivolous cases and significantly eroding public trust. During a recent podcast, an eminent lawyer, who was felicitated by the Gujarat Government, mentioned that it would take 350 years to clear the current backlog of cases in our courts. This highlights the severe impact of frivolous legal notices on our judicial system.
Moreover, my search on the Bar Council website and the internet revealed no instances of advocates being punished for sending baseless legal notices, highlighting a concerning gap in enforcement and accountability.
Therefore, I urge the Bar Council to take the following actions:
Investigate Advocate Misconduct: Initiate an investigation into the conduct of Advocate [insert name] to determine the extent of ethical violations.
Enforce Ethical Guidelines: Implement stricter enforcement of existing guidelines and introduce a graduated disciplinary system for violations.
Enhance Advocate Education: Introduce mandatory training programs on ethical conduct and professional responsibility.
Raise Awareness: Launch a campaign to educate both advocates and the public about ethical legal practices and their importance.
By taking these steps, the Bar Council can deter unethical practices, reduce frivolous lawsuits, and restore public confidence in the legal system. The future of our legal profession depends on upholding high ethical standards. I am ready to assist in any way possible and look forward to your prompt response.
bharat khatwani
21 June 2024 at 07:25
have been told that if rent agreement do not mention tenure of tenancy is decided by termination of tenancy at will. Is it true? If yes .
please provide citation/precedence to support termination of tenancy at will. This matter is pertaining to house located in Ahmedabad Gujarat
bharat khatwani
17 June 2024 at 19:28
Pl. check out rough draft of termination of tenancy. Pl.suggest ways to strengthen it,.... Without Prejudice
Date: {today's_date}
To: Mr. ******
Address: **********
Subject: Formal Notice of Tenancy Termination Pursuant to the Transfer of Property Act, 1882
Dear Mr. *******
This communication is written on behalf of the lawful owner of the premises situated at ***********. It serves as an official notice for the termination of your tenancy agreement, as outlined in Section 106 of the Transfer of Property Act, 1882.
The termination of this agreement is based on the following compelling reasons that necessitate immediate attention:
Change in Ownership: Following the recent transfer of my client's family residence in accordance with their late mother's wishes, they are no longer in possession of a personal residence within Ahmedabad. This situation triggers the termination clause within the tenancy agreement, allowing them to reclaim the property for their own use.
Property Damage and Unauthorized Construction:
On August 11th, you reported filling a large cavity in the property. However, you simultaneously expressed concerns about the house becoming structurally unsound, raising serious questions about the cause of the damage.
Unfortunately, rather than engaging constructively to address these issues as outlined in our letter dated September 10th, 2023, your response consisted of a legal notice filled with inaccurate claims. We subsequently elaborated on this point in our communications dated November 11th, 2023, November 26th, 2023 (reminder of the first letter), and January 15th, 2024. Furthermore, your response deflected from addressing the potential structural concerns, constituting a violation of trust.
In the absence of a cooperative response, my client was compelled to contact the Ahmedabad Municipal Corporation (AMC) to investigate the situation. Their findings revealed that the extension of sewer and water pipelines at the property lacked the necessary permits.
We hereby request that you, within the next 30 days, provide a certificate from a qualified civil engineer confirming that the unauthorized construction of the pipelines did not contribute to the reported structural damage. Failure to comply with this requirement may necessitate legal action under the Act to rectify the damage caused and recover any outstanding rent.
Additionally, the AMC findings revealed unauthorized construction of outbuildings (bathroom, WC, and kitchen) on the property. You are required to oversee the demolition of these structures under the supervision of a qualified engineer. Once complete, you must provide a completion certificate from the engineer verifying the satisfactory demolition. As part of the move-out process, you are also required to furnish clearance certificates from the Ahmedabad Municipal Corporation (AMC), Torrent Power, and the Revenue Department, confirming that all outstanding utility bills and property taxes have been settled.
Verification of Rent Payments:
We refer to your legal notice which included a check for ₹3,600. Additionally, your claim of consistently depositing rent payments directly into the designated bank account requires verification. We request that you provide documented proof of these rent payments within the next 15 days. Acceptable documentation includes bank transaction receipts or account statements demonstrating the alleged direct deposits. Furthermore, you are required to collect all outstanding rent payments, including but not limited to the aforementioned ₹3,600 ONCE AGAIN , by providing a cheque, demand draft, or cash, whichever is most convenient for you.
Please be advised that failure to comply with the directives outlined in this notice and to vacate the premises within 30 days from the date hereof will necessitate further legal action to safeguard my client's property rights and enforce the termination of the tenancy agreement.
Your cooperation in ensuring a smooth transition and preserving the structural integrity and legal status of the property is paramount. Should you require clarification on any aspect of this notice, or have any inquiries, please do not hesitate to contact me directly.
We anticipate your understanding and prompt compliance with the conditions laid out herein. Thank you for your immediate attention to this matter.
Sincerely,
[Your Name]
Anonymous
11 June 2024 at 22:25
My Tenant sent legal notice on 25/09/2023 claiming Rs 400,000 on basis of 24 year old oral agreement by my father before his death for renovation. tenant did not mention this in his letter dated 11/08,Did not mention it in his Reply of my notice of 25 Aug.2011,tenant did not send WA ,SMS, ETC, tenant has not given details of expenses, amount is highly inflated this amount is enough to build totally new house, double in size, it violates provisions of limitation act 1963,this claim is made to sidestep content of my letter dated 10/09.In this letter I had asked details about pipe lines layed by tenant without my informing me and without seeking permission of municipal authorities.
Om Ali
23 May 2024 at 12:50
Dear Sir
Good Day
Hope you all are doing well
I went to buy apartment in 2017 and had paid total of 20 Lakhs of rupees till Dec 2019, and all those financials were handling by my parents, since I am working in hyderabad City. I had planning to travel to see the development of the apartment but unexpectedly covid pandemic.
And on Sep 2022 went back and surprise to see that the apartment was already sold out to someone.
The builder informed me that wherever you complain no issue. I then went to commissioner of police and lodged complaint, since no result over month period, I then lodged DGP police complaint and local police summoned me and asked to provide all the documents, which I did and had said that they will summon builder and investigate, all lied by local police then I travelled back but on the day of my travel builder came to local police station and handover 3 PDC each with 5Lakhs and every PDC three months gap.
At the beginning of May 2024 I hired local advocate to deal the case, he went and meet Inspector, SI and AC at station, advocate had informed me that the builder will settle money of five lakhs in cash in May 2024 and will handover 5Lakhs cheque Jun and Jul 2024 as Cash, but on 13-May-2024 advocate called me to come to police station to collect cheque, but when I went there he handed over the same 3PDC where builder handed over to local police station and informed to collect the original agreement.
The advocate forced me to sign the letter (in local language, I don't know).
In that letter. I would like to highlight below
1- I went to complain to commissioner of police along with my sister on 10-Nov-2023, Please note that I went alone and my sister arrived to Chennai City from Abroad only on 25-Mar-2024 after Covid pandemic.
2- The letter prepared on 10-May-2024 but presented on 13-May-2024
3- In that letter, mentioned that I went to complain for 15Lakhs, but I lodged a complaint of amount 20Lakhs rupees
4- In that letter they had mentioned that I accepted the offer of 15Lakhs rupees from builder and agreed to close the case against builder, which is absolutely false because I don’t know Tamil language and they forced me to sign.
5- I took the cheque and deposited it in bank and it was rejected and I know all of them are playing the builder, advocate and others.
It is like nightmare to get back my money from the builder, don't know where to complain, what action needed to take, to whom I trust? don't know.
I complain to CM Cell three times and local police closed
Personally went to meet DGP office but met the Inspector, went to complain to Police commissioner but met grievances cell Inspectors
Went to meet DCP and explained all in details but again went case to local police
Kindly advise how I get back money 20Lakhs and my sister 15Lakhs from the builder
I will be really grateful for all your advises,
Thanks you all with all for your time reading and suggesting.
Thanking you
Samy
Ajay Malshe
18 December 2023 at 05:49
Why Federal Hsg society by laws are not openly available on net like CHS by laws, or
Society not circulating to all house owners by g mail?
2)Whether these by laws are same to all states?
3)Whether some clauses can be added or modified by Apex society
by resolution like adding additional directors (maybe secondary) or sub committee
to look after maintenance functions n make suggestions.
My email address malshe.ajay8@gmail.com
Read more at: https://www.lawyersclubindia.com/experts/ask_query.asp
Anonymous
29 June 2022 at 08:18
I have a home loan of Rs. 28 lac on My one BHK flat in Dombivli Since 2013. Now the building is going for redevelopment and the builder wants noc from Financial institution. I met AXIS Branch Manager, he is refusing due to security. I told him that mortgaged flats area is getting bigger in redevelopment as we are getting addl. area. We are doing indivisual aggreement. But he is refusing. Builder is telling there can be a tripartite agreement between Builder, bank and me, but Bank is telling to clear the loan which is not possible for me now. What should I do Please guide me.
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Think like advocate who is accused of.....
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,
*******