Is advocate guilty?
bharat khatwani
(Querist) 11 November 2024
This query is : Open
WA message of friend and opine Do you think that advocate is unethical?..............A fraudulent lady seeks partition on our property ignoring us to be included as respondents while we're in possession and occupation of the property. It is the bounden duty of the claimant to prove the fact and the law clearly mentions it. While so, the lawyer takes up the case and drags the suit for decades. Though the court gave its verdict saying that it is fictitious case, the court did not say a word about the advocate who dragged the suit for nearly 10 years. Unless the lawyer who takes up the fictitious case is punished by the court, the number of cases will be getting piled up and it is an absurd judicial system.
Isaac Gabriel
(Expert) 13 November 2024
It is advisable to file appeal .Lawyer cannot be taken into task.
bharat khatwani
(Querist) 13 November 2024
"Gabriel Sir, if someone comes to you with a similar request, would you first ask them: ‘How did you inherit the property?’ and verify the type of
inheritance, whether through a will, intestate succession, or otherwise?"
"Would you then ask the client to provide necessary documents like a will or legal heirship certificate to initiate the legal process and confirm the inheritance details?"
"Would you proceed with a title search at the local registry to ensure the property is free of encumbrances and confirm ownership?"
"Would you also make an effort to identify all other legal heirs or claimants to ensure no one else has a competing interest in the property?"
"Would you request evidence of the client’s possession and occupation of the property, such as prior agreements, tax receipts, or occupancy proofs?"
"If there are jurisdiction-specific procedures (like probate or mutation) needed to transfer property ownership, would you guide the client through these steps as part of your professional duty?"
"To prevent future disputes, would you suggest obtaining consent from other co-heirs if they have a legal interest in the property?"
"In cases involving a will, would you review its authenticity, confirm its legal standing, and, if necessary, advise the client on seeking probate?"
"If a dispute arises during the transfer, would you ensure the client understands the legal steps to protect their rights and promptly initiate actions if required?"
Dr. J C Vashista
(Expert) 09 February 2025
You have stated, inter alia, that, ".......A fraudulent lady seeks partition on our property ignoring us to be included as respondents while we're in possession and occupation of the property."
What is locus of standi / concern of the "lady" seeking partition as well as "you" as "possessor / occupier" of subject property ?
bharat khatwani
(Querist) 24 February 2025
Dr. Vashista, your response is quite revealing—not for what it addresses, but for what it conveniently ignores. The issue isn’t who has locus standi—the court already ruled the case was fictitious. The issue is why an advocate took up a baseless claim, dragged it for a decade, and yet faces no accountability.
Would you have us believe that an advocate’s duty begins and ends with filing cases, no matter how frivolous, without verifying ownership, inheritance, or rightful claimants? If that is the standard, then why have professional ethics at all? Why have Supreme Court judgments repeatedly condemning abuse of process by lawyers?
If a doctor performed surgery without checking the patient’s real condition, he would be liable for negligence. But when a lawyer knowingly takes up a meritless suit and burdens the courts for years, should we just shrug and move on?
Your attempt to sidestep the real question only reinforces why reforms in the Advocates Act are urgently needed. Advocates must not be shielded from accountability under the guise of ‘procedure.’ Law should not be a business of filing cases for the sake of it—it should be about justice."
