Komala Devi (Housewife) 16 May 2015

Problem with lawyers

I live in Bangalore. Currently a case is going on for the partition of my father's property with me and my younger sister which I had filed on 2009. My mother had wanted a share in the property and the civil court had passed a decree of 1/3 share between me, my mother and my sister. But recently my mother passed away and a 1/2 share was decided. We had met our lawyer along with my sister but other than the passing of the decree our lawyer has not made any progress even though we have asked him to submit a building plan according to our needs to the court. We believe he has been influenced by a third person. He refuses to tell how long it will take for the completion of the case and keeps postponing the hearings. I don't know what to say to him. Can I change our lawyer? If so how can I do it?

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2 Replies

cyberlawyer (barrister) 16 May 2015

As per your statement, you, your mother and your sister received 1/3rd share of your father's property by virtue of a decree passed by the civil court. Now your mother's 1/3rd share devolves on yourself and your sister, for which you can arrange a settlement between yourself or if its not possible to settle it amicable, another partition suit has to be instituted by either parties with respect to the share of your mother. The decree passed is with respect to your father's property and you may have to file a suit for partition between yourself and your sister with regard to your mother's property.

Did your advocate say anything about amending the decree passed by the civil court ?. I dont think the court will allow amendment since the death of your mother is after the passing of the decree so the only way in my opinion is to file another suit.

cyberlawyer (barrister) 16 May 2015

As far as your query with regard to changing your advocate, if you are not satisfied with his services, you can ask for a change of vakalat, but that cannot be done without his intervention as he has to give consent to permit you to prosecute the case through a different counsel.