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Advocates act

(Querist) 17 June 2012 This query is : Resolved 
Advocate had scribed a will. whether the same advocate can file a suit on behalf of the benificiary under the said will?
Adv.R.P.Chugh (Expert) 17 June 2012
Normally the evidence of scribe is not required - so it should not be a bar.
Answer would have been different had the advocate been the attesting witness - in which case being an important witness who would prove execution of the will itself - the court would ask (as per adv act + bar regulations) not to contest as advocate in conflict of interest situation.
Shonee Kapoor (Expert) 17 June 2012
Yes, he cam.

Scribe is not the witness.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
R.K Nanda (Expert) 17 June 2012
Yes, he can.
Parveen Kr. Aggarwal (Expert) 17 June 2012
Rule 13 of Part VI, Chapter II, Section II of the Bar Council of India Rules provides in the following manner. Please go through it and decide.

"13. An advocate should not accept a brief or appear in a case in which he has reason to believe that he will be a witness, and if being engaged in a case, it becomes apparent that he is a witness on a material question of fact, he should not continue to appear as an Advocate if he can retire without jeopardising his client’s interests."
Parveen Kr. Aggarwal (Expert) 17 June 2012
Rule 13 of Part VI, Chapter II, Section II of the Bar Council of India Rules provides in the following manner:

"13. An advocate should not accept a brief or appear in a case in which he has reason to believe that he will be a witness, and if being engaged in a case, it becomes apparent that he is a witness on a material question of fact, he should not continue to appear as an Advocate if he can retire without jeopardising his client’s interests."


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