Mangesh (Student) 28 October 2013

Advocate fees for land acquisition case

Hello !

1) Government acquired anscestral land in Pune (Maharashtra) and paid a meager compensation in 1989. Received it under protest and claimed Rs.3 Crores in the High Court for the same. What should be the Advocates fees prescribed by the rules for this case? And how much is required to be paid in practice?

2) If a decree of Rs.5 Crores (Claim Rs.1 Crore + Solatium + Interest for 25 years) is to be executed, what should be the fees prescribed by the rules for the execution? And how much is required to be paid in practice?

3) Can an Advocate charge more than admissible fees?

4) If decided to appeal in the Supreme Court, what shall be the fee payable? Will it be the same?

Thank You Very Much In Advance.

- Mangesh

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5 Replies

Srinivas (Director) 29 October 2013

Mangesh,

Lawyer fees depends upon the advocate. If your lawyer helped you win the case for Rs. 5 cr.

you can give him a fee of few lakhs.

best regards,

Murali

Mangesh (Student) 29 October 2013

@Sriniwas Sir, Agreed, but there should be some base for charging the fees. It should not be whatever the advocate feels good at any stage of the case. Also, the advocate knows the potential of the case and the amount of the claim at very initial stage. Additionally, claim was of Rs.3 crores and the lawyer could help getting us Rs.1 crore only. (not a less amount but still one third of the claim) The additional amount received is towards interest of 25 years. We will be paying in lacs only, but atleast for our knowledge about how much excess fees we are paying than the prescribed fees, I am asking this here in the forum. And what about the fees for execution of the decree? The documentation work and everything should be the same for executing the decree of Rs.5 lacs or 5 crores or any amount. What is the prescribed fees for the execution ?

Adv Akhtar Ali Sheikh (Property Law Consultant) 29 October 2013

There is no cap on advocates' fees. Yours will be sort of a contract to which both of you must mutually agree.

Mangesh (Student) 29 October 2013

Hello !
I believe that many renowned Lawyers and Advocates are here who contribute their opinions, views and share their knowledge to help others.
Then how can you say that there is no any cap on the fees of the advocates?
I could find a little information here:- www.answeringlaw.com/php/displayContent.php?linkId=54
But I couldn't understand that because it is all written in the legal language with the reference of the sections which I am unaware about. And I wanted to know that how much excess fees than the prescribed fee is considered to be paid is okay. I surely would not like to pay 10 times more than what is actually permitted. It is like fighting for the justice and to be injusticed by the one who is helping me get the justice.
I felt very bad that you people are telling me that there is no any cap on the fees of the Advocates.
Are the Advocates really unaware about it or they ignore it ?

Mangesh (Student) 29 October 2013

I would not like to ask it in this way, but I am forced to frame my question like this now:
How much fees I should pay for execution of the decree of the above mentioned claim amount? Or if you were my Advocate, how much fees will you charge for the execution of the decree?