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Ramana (Business)     25 February 2025

Civil case vakalathnama

Hi- One of neighbour has filed civil case against our land claiming land belongs to him. We are total of 7 defendants out of which my fathers brother is also one of defendant and now everyone received summons and each of them are filing their own vakalathnama with their own advocate. But my fathers brother who is also a defendant is asking for original papers for property for filing vakalathnama, but we don't want to share sine he has criminal background and he is not in fa out of our family always. Is property documents needed for filing vakalathnama?



 3 Replies

Vishesh K Sapra (Advocate Supreme Court (888-215-3399))     25 February 2025

Since the case involves a land dispute and there are multiple defendants, each defendant has the right to file their own Vakalathnama and engage their own lawyer. The fact that your father’s brother, who is also a defendant, is requesting original property documents at this stage raises concerns, especially if he has a history of criminal conduct or a strained relationship with the family. There is no legal necessity to provide the original property documents to him merely for filing a Vakalathnama. If required, certified copies or legal extracts from the revenue records, such as RTC, Sale Deed copies, or Property Extracts, can be provided for reference, but the original title deeds must be kept secure to prevent potential misuse.

Additionally, if there is apprehension regarding any fraudulent claim or misuse of property papers, you may consider filing an application before the civil court under Section 151 of the CPC requesting the court to direct that original documents be submitted only before the court and not be handed over to any private party. This will ensure that the documents remain protected while still being accessible for legal scrutiny.

For further consultation and legal assistance, you may contact me at adv.vishesh@icloud.com.

T. Kalaiselvan, Advocate (Advocate)     25 February 2025

There's no necessity to give him the original documents.

If he received the summons it becomes his duty to file vakalatnama to defend his interest.

If he doesn't wants to contest it is his problem, don't bother about him, ignore him, let him take care of the case filed against him.

1 Like

R.K Nanda (Advocate)     25 February 2025

No is the reply to your question. 


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