Action against lawyer of the opposition party
sajid
(Querist) 11 March 2012
This query is : Resolved
We are very sure after the death of our father, we children and mother have equal rights on all his wealth and property, but our step brother and sisters have send letter through lawyer to our mother that she no more has any rights. Please can anyone advice if we can take any action on lawyer so that he cannot write any such thing in future. if its possible then under what section.
Nadeem Qureshi
(Expert) 11 March 2012
Dear Sajid
Advocate is not doing any thing for his on interest, it is his profession, you can not do any thing against advocate.
feel free to call
bhagwat patil
(Expert) 11 March 2012
The opposite party is provoking you,best way don't get provoked.lawyer is right in his stands,if you would had approached first to this lawyer he would have done same thing for you.he is nothing but an instrument user may use it eitherway.
WHATSAPP 91-8075113965
(Expert) 11 March 2012
it is assumed that an advocate is sending lawyer notice as per the instruction of his client, after discussing the matter in dispute. a lawyer has complete immunity for sending any kind of notices, however baseless, it may be. but, you can very well proceed against your opposite party, if it is defamatory, or false , frivolous or vexatious !
Guest
(Expert) 11 March 2012
if you stop this lawyer than the next lawyer will be available to the opp party and it is not the action of the lawyer it is always on the instruction of the party and the lawyer not have any personal interest in your property. reply to the notice through your lawyer or file a case for permanent injunction and declaration.
ajay sethi
(Expert) 11 March 2012
dont drag the advocate in your legal battle . advocate is only appearing on behalf of his client .
Kirti Kar Tripathi
(Expert) 11 March 2012
You can not do anything, whatever, the counsel did he did within his right available to him under the law and under the instructions of his client. You can deny the contents and also take any action against his client, if there is any unwarranted contents are therein.
Guest
(Expert) 11 March 2012
Just imagine, if you send any notice to someone through some lawyer by hiring his services in your own interest, why should your lawyer be accountable to the other party, and not yourself? Your advocate would be providing you with his services at your instructions only, not at his own.
Similarly, lawyer of your step brother and step sisters cannot be held responsible to your mother. You cannot not force him to abide by your instructions, being the opposite party, by any law.
You have either to counter the claim of your step brother/sisters or establish your own claim by hiring some other lawyer, who can take care of your mother's interest.
V R SHROFF
(Expert) 11 March 2012
Advocate write under instruction of his client. Court proves whether whatever written is right or wrong .
YOU CANNOT TAKE ANY ACTION AGAINST THE OPP. ADVOCATE.
ad. creaminall
(Expert) 11 March 2012
You can not take any action against the Advocate. better option is to consult some good lawyer and sent reply to the said notice and immediately take necessary steps to establish your claim.
SAINATH DEVALLA
(Expert) 11 March 2012
Dear MR. Sajid,
As per muslim law and muslim marriage act 1955 ,one can marry three times only with the consent of other wives.Those wives are also considered to be legal.You cannot deny the share of your father's property,born to the children of other wives.Don't unesasarily drag the advocate into this controversy.He is doing his professional duty.Anyway my sincere advice is to consult other elders of your family and settle the matter indoors.As an advocate I should ask you to fight the case in the court of law,but I always prefer to council both the parties,if possible.
Raj Kumar Makkad
(Expert) 11 March 2012
Lawyer has done his duty and none can be restricted to perform his duty legally. If you have any issue with your step brothers and sisters, get it resolve otherwise the threatening of the legal notice sent by lawyer shall be got implemented.
Shonee Kapoor
(Expert) 11 March 2012
Long discussions happen on such issues.
Relax and reply to the said letter putting forth your case.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Sudhir Kumar, Advocate
(Expert) 12 March 2012
Mr Sarvesh Kr Sharma has raised a valid point as to what type of action he proposes to take. If while drafting the notice (not generally possible for a lawyer) he has violated any professional ethics only then you can move. If you have been given threat (other than legal action) like defamation, violence, murder etc then you may consider. Otherwise the advise of the experts above is sufficient.
It appears that you want to deprive you step brothers and sisters of their due and want to take on the horns with anyone who is for them. You have not stated in your blog as to how your propose to exclude them. You cannot exclude them unless there is a WILL and the same is legally tenable as (per your personal law).
Sarvesh Kumar Sharma Advocate
(Expert) 11 March 2012
