Can minors sell property.
Rakesh Chheda
(Querist) 02 March 2016
This query is : Resolved
Dear Sir/Madam,
It is all about our Father/Mother's property worth 1800Sq Ft whose legal heirs are 4 members including me elder son of which my younger brother was absconding past 7Years leaving behind his wife & 2 sons & entrusted a advocate for this work for Inclusion of name/Legal heirs,After a melodrama we are now at stage after 2.6Years we are still not in a position to sell the property, As advocate says court had partially ordered the verdict & who says she will appeal for G & WC case with high court as the verdict was an mere clerical/typographical error by judgement writer, later prompted for fees which were paid.
Till date no resolution,neither we are able to sell nor retain,incase retain they are threatening property will go in litigation.
When relative as an advocate by profession cannot be compassionate, moral and lawful, forget what a common man will be served.
We all saw lack of professional conduct and etiquette including recent interactions had with advocate, can we file a case with District Bar Association or NCDRC ? what is the procedure.
Neither advocate is willingly ready to give papers.
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Regards,
Rakesh.HC
P. Venu
(Expert) 03 March 2016
The query lacks clarity. Please state the simple facts devoid of your subjective opinions.
Rajendra K Goyal
(Expert) 03 March 2016
If not satisfied with your relative lawyer, you can entrust new lawyer.
Lawyers does not decide cases, they move to court and court procedure is time and cost consuming which the client has to bear.
Rakesh Chheda
(Querist) 03 March 2016
@P. Venu,
@Rajendra K Goyal: Exactly why give us false promises & keep us in dark & enquire for papers so that can approach different lawayer.
Dear Sir,
Thank you for your reply & Pl elaborate what are the inputs required,however I'm narrating entire story as experienced by me,brother & brother's wife.
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Legend: BIL=Brother-in-Law.
It is all about our Father/Mother's property worth 1800Sq Ft whose legal heirs are 4 members including me elder son of which my younger brother was absconding past 7Years leaving behind his wife & 2 sons.
It was one day we 4 decided to sell property in conjunction with the party which was introduced/dealt by my BIL (Sister Husband) & finalised wherein signed a sale deed with a clause that we shall include legal heirs of younger brother in 3Months time & advocate was none other than elder sister of my BIL & when questioned what if were unable to complete the task in 90Days from DOA, we were assured it will be done both by advocate as well my BIL& had been always following up occasionally & most times got a reply it's all about court & would consume time & one fine day when again enquired incase if this is not happening let us cancel the deal for which our BIL said, party has said he will make it on Jan-15-2016 & from my side I have given an extra time of 5 Days ie on 20-1-16 would be the final day for else price will be as per the market for which I denied & said to cancel let us not deal anymore further & 20-2-16 sent SMS to all legal heirs stating incase our house deal gets cancelled, keep the token amount Rs.55K divided by 4 handy so as to return/close the deal, for which my BIL got angry & came out with a answer that now party is willing to buy at xxx price of which xxx amount will be paid now & balance in 3 months, for which we 4 agreed & later in melodrama with buyer/agent, it all came back to same old price & later when agreed to old price one date was decided on 01-2-16 wherein on 28th were shocked to see the papers that court had partly allowed & hasn't given permission to sell minors share & to resolve this advocate prompted fees for which we paid on 10-2-16 till date no resolution.
& later till date waited patiently for 2.6 Years & never dreamt something like this would be happeningwe are still not in position to sell neither retain, if retain they threaten us property will go in litigation.
Though advocate is related to my younger sister we had paid all the fees well in advance the day first we executed the sale deed & later as & when required.
It seems there is no protocol on time or feel had never discharged their duties to their abilities.
Me as an elder son unable to tolerate their excuses, it's not only me even my younger brother & sister in law it is felt or we all 3 went thru this mental agony.
My sister neither reveals what's happening she is either silent or only speaks only what has been told by her husband.
When relative as an advocate by profession cannot be compassionate, moral and lawful, forget what a common man will be served.
We all saw lack of professional conduct and etiquette including recent interactions had with advocate,who says she will appeal for G & WC case with high court as the verdict was an mere clerical/typographical error by judgement writer.
To prove I only have phone recordings/SMS sent which are in phone recording are in regional language.
Rakesh Chheda
(Querist) 03 March 2016
@Rajendra K Goyal: Sir,Many Thanks your views/expert opinion will definitely help we moderate income people.
Rajendra K Goyal
(Expert) 04 March 2016
Dear author,
Mutual trust and confidence is necessary between lawyer and client, if that lacks it is better to change the lawyer.
You would understand / note / find that legal proceedings are cost and time consuming. We have to bear / follow the procedure / live with it till it is changed.
Rakesh Chheda
(Querist) 04 March 2016
@Rajendra K Goyal: Sir,It seems there is no protocol on time,neither give us an receipt for the fees paid,give false promises dates it will done in weeks time max 10Days etc.
Unethical practices
Most kinds of lying are perfectly legal, but lying is generally recognized as being unethical;
Breaking promises is generally legal, but is widely thought of as unethical;
Cheating husband or wife or boyfriend or girlfriend is legal,but unethical, though the rule against it is perhaps more honoured in the breach
Though not an advocate learn law always has a moral purpose — either to make people’s lives better and safer or ?
Rajendra K Goyal
(Expert) 06 March 2016
Dear author,
You should pay through cheque to your lawyer and also ask for receipt. Discuss with another lawyer before entrusting any.
