Legal Question in Real Estate Law in India
Hi, My name is Deepak and we have some ancestral property from my mother side. My mother has 2 brothers and 4 sisters and all are elders to her. The eldest bother of my mother (who does not have children) claiming that he wants to inherit all the property as he is the eldest son and also looked after his mother (my grand mother) and his youngest sister (thats my mother) during my grand mom's last days of life during 1976 times). But my mother's second brother has filed the case in court in Mangalore. We received a court notice to know whether we also need any share and if so please revert. We want our share in the property. Hence in 2003 we decided to appoint a lawyer and appointed a lawyer to look after the case. From then till now the lawyer has not given us any proper updates to us. Whenever we go, he says the case at the same stage and no updates and some crap.
Now that I want my lawyer to be changed and also found the new lawyer. We went to our previous lawyer asking for NOC and he was ready to give without any hesitation and also did not charge a single rupee for NOC. But he does not have any documents with him related to the case which is surprising.(including the court notice we received at the beginning). Our current lawyer saying that he can not do anything unless the documents are handed over to him.
Our previous lawyer informed us that he has to contact the opposite lawyer( the lawyer of my mother's eldest brother who is fighting for the entire property) to get the documents.
I have few questions which need to be addressed please:
1) What is the way that we should get the documents from our previous lawyer though he has already given the NOC. How can he contact the opposite lawyer to get the details? I mean he is in touch with the opposite lawyer and might be getting money not to move the case further? How to tackle this?
2) He does not possess a single document related to our court matter though he is our lawyer for the past years. What to do for this?
3) Also there are many tenants staying in that property who further have given rent to other people as well. They are just benefiting from our family fight. During the time of property dividing in the future, I hope the tenants should leave the place without any problem? They are i think staying there for the past 30 to 40 years. ? Is it possible for them to go for court saying something?
4) Can we get documents from the court if our previous lawyer fails to provide the documents? Whether court has any department where we can obtain the documents we require to take the case further?
5) Can we bring this issue ( i mean lawyer not possessing any documents related to this court matter) in any forum in the court? If so which one? or else case against the lawyer for not having a singlw document. I am not even sure whether he has attended any of the hearing about the case.
Please help. I am totally confused as whats happening?
2 Answers from Attorneys
Mr.....
1st its ur fault that why you handed all the letter (summon ) that you received at initial stage to the lawyer you should at least keep a copy with ur self.... Its ur case so you need to be active and chase ur lawyer to move the case.....any way now do not repeat the thing what ever document you get always keep at least a xerox copy with ur self ..and never be fully relevent on others....
Yes you can get all the document related to ur case....you can mail me at [email protected] so that I can answer all ur querries one by one ... as at this forum I can not answer all ur question .
with regard
uttam tibrewal
Too long query. Consult your lawyer with all details.
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