Admission in lawyer's notice
sridhar pasumarthy
(Querist) 29 January 2012
This query is : Resolved
Respected Sirs,
"A" got issued a lawyer's notice mentioning that the disputed property is the Hindu Undivided Joint Family Property.
Later, he filed a suit for partition against the other members of family alleging the said property was the self-acquired property of his father.
In fact, it is the mistake of "A" in giving instructions to the lawyer in mentioning as such in the notice.
Now, what is the remedy for "A" to overcome his earlier admission in notice?
sridhar pasumarthy
(Querist) 29 January 2012
Can the admission be withdrawn on the ground of mistake etc.?
ajay sethi
(Expert) 29 January 2012
lawyer issues legal notice based on instructions from clents . lawyer is not personally aware of facts of case .
if draft legal notice has been approved by client before sending legal notice you cnnaot resile from staement made in legal notice .
even if draft is not approved the contenction that in legal notice staements have been made by mistake will be greeted with sceptism .
prabhakar singh
(Expert) 29 January 2012
If the same lawyer has filled the suit who issued the notice then almost impossible for 'A' to explain any thing to reason.
sridhar pasumarthy
(Querist) 29 January 2012
No sir, the lawyer who filed the suit is different from the one who issued notice.
prabhakar singh
(Expert) 29 January 2012
Then some thing is possible.Think properly.
sridhar pasumarthy
(Querist) 29 January 2012
@Prabhakar Sir,
Does it mean that ground of mistake is available or to throw blame on the former advocate.
How should I understand ur answer?
Raj Kumar Makkad
(Expert) 29 January 2012
In the given matter, A can claim that he had not issued such instructions to his earlier lawyer who mentioned a wrong fact in the notice qua the nature of the property in dispute.
Devajyoti Barman
(Expert) 29 January 2012
A can by sending subsequent notice retract/recall his earlier version on the ground of miscommunication.
Advocate. Arunagiri
(Expert) 29 January 2012
Even if the lawyer notice says that Hindu Undivided Joint Family Property, they have every right to say the fact, if it is different from the lawyer notice.
Fact and information need not be the same always.
V R SHROFF
(Expert) 29 January 2012
Though legal notice issued may harm petitioner, other evidence, will prove it untrue. So contents of notice not proved in cross exam, & in evidence, will cover up his mistake.
Once petition filed, he cannot withdraw notice, it is too late now. It can be proved false in Evidence.
J K Agrawal
(Expert) 30 January 2012
The nature of ownership of a property does not changes marely by depcting one day that 'it is owned by all of us' and then next day by saying that 'it is only mine'.
Yes, even by adverse oral or even written admission, nature of ownership of a immovable property does not changes however the position may be differ in case of movable property.
Don't be afraid and consentrate to prove the facts that how A acquired property. Furnish ample evidence.
Ownership of immovable propety does not pass away or diminish without written instrument that too requires registration.
RAJU O.F.,
(Expert) 03 February 2012
Normally advocates get the signature of the client also in the lawyer notice issued on their behalf. It is always safe for the advocates to obtain signature in such notice4 and also in its true copy, to avoid blame on him.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 29 January 2012
