Anonymous
22 June 2024 at 15:15
Grand father have two sons and a daughter he does a will in favour of two sons..after his death intakaal done property comes according to will after tht one son died intestate.. intakal done and his share divided to wife son and her mother ..according to revenue deptt now her mother can do realease deed or will to give back share and but if she dies intestate property will goes in 3 share her daughter and her both sons or their legal heirs..now her mother is in not in mood for any will or release deed to anyone..so what's the legal remedy to get back the property after her death..or some remedy before her death..
bharat khatwani
22 June 2024 at 10:38
My tenant has sent legal notice with baseless claims and without any supporting documents and has stopped paying rent. I have responded to this legal notice through advocate but tenant has not started paying rent. One of claim is for reimbursement of 100,000 (equal to 30 year's rent) spent by tenant for repairing, done without sending notice, he has not even provided bills, vouchers etc. to support his claim.. As per rent act tenant can demand repairing cost up to rent of 4 months only. I have asked him to withdraw notice and start paying rent. Is there any method of "quashing" legal notice? Is legal notice part of Judicia process ? Is there any provision of IPC similar to Section 340 CrPC & under Section 195 which may be used against BASELESS LEGAL NOTICE ?
bharat khatwani
22 June 2024 at 10:32
My tenant has sent legal notice with baseless claims and without any supporting documents and has stopped paying rent. I have responded to this legal notice through advocate but tenant has not started paying rent. One of claim is for reimbursement of 100,000 (equal to 30 year's rent) spent by tenant for repairing, done without sending notice, he has not even provided bills, vouchers etc. to support his claim.. As per rent act tenant can demand repairing cost up to rent of 4 months only. I have asked him to withdraw notice and start paying rent. Is there any method of "quashing" legal notice?
Swapna
21 June 2024 at 14:17
My father and brother had stolen my education certificates and also aadhar card, pan card. Birth certificates and teared them because of I had a love marraige. Now which case should i file against them ? And also what will be the legal action taken against them by police and court ? Is there any punishmet for them? Please clarify my doubt!!
Swapna
21 June 2024 at 12:55
Recently i had a love marraige and all my education certificates, adhar card, birth certificates pan card were stolen and teared by my father and brother. Before marraige i tried to convince them but they harrased me and took my certificates.After 4 months i left the home because i was harrased daily by them. Now is I file FIR on them will I get the duplicate certifates and also is this duplicate certificates vaild for govt jobs? And also will police take any legal action against them? Can anyone please clarrify my doubts!!
Anonymous
21 June 2024 at 12:14
I bought a MHADA property in Mumbai from allottee in 2011 .. he sold the property to me and gave me POA and the original file .. he sold it as soon as it was allotted …
Now I want to transfer it on my name … the original allottee is not there ..
1- what is the way to get it transferred on my name ?
2- can this be done under amnesty scheme ?
3- can the documents be adjudicated now after 14 years ?
Anonymous
21 June 2024 at 09:42
Subject: Urgent Action Needed to Address Frivolous Lawsuits and Unethical Practices
Dear Members of the Bar Council,
The erosion of public trust in the legal system poses a serious threat to our democracy. A significant factor contributing to this erosion is the apparent disregard for the ethical guidelines that are already in place.
The Problem: Including Baseless Claims in Legal Notices Mechanically
To investigate the root of this issue, I conducted an experiment on a legal forum (Pathlegal). In my first experiment, I asked if an advocate would draft a legal notice for a bank robber's accomplice claiming an unfair share of stolen money. Except for one advocate, the others did not express reservations about proceeding. This response made me think that perhaps the rules were not clear enough.
In response, I searched for the Bar Council's guidelines and found that they clearly define an advocate's duty towards opposing parties. To test their effectiveness, I copied and pasted these guidelines onto Pathlegal and posed a similar ethical question. Disturbingly, even after reading the clear-cut guidelines, one advocate responded by stating, "The Advocates' Code outlines the responsibilities and duties of an advocate. An advocate must maintain honesty towards their own client and remain neutral towards the opposing party" This response enlightened the root cause of the problem: the issue is not the clarity of the guidelines, but the failure of some advocates to adhere to and internalize these ethical standards.
Personal Experience and Systemic Flaws
Recently, I encountered a troubling situation firsthand. My tenant claimed INR 400,000 for renovations after 24 years based solely on an alleged oral agreement with my father in 1999. This claim lacks any supporting documentation and contradicts the Statute of Limitations, which prescribes a three-year limit for oral agreements. Additionally, the timing of the claim and continued rent payments further undermine its credibility. Unfortunately, such baseless claims are becoming increasingly common.
Ethical Concerns and Recommendations
This case study underscores the need for not just clear guidelines, but also effective enforcement and education. To address these shortcomings and restore public trust, I urge the Bar Council to take the following actions:
Review and Reinforce Existing Rules:
Reaffirm the clarity of the current guidelines and ensure they are widely disseminated and understood among advocates.
Develop a campaign to educate advocates about the importance of adhering to these guidelines, emphasizing the ethical duties they owe to all parties.
Enforce Disciplinary Measures:
Implement stricter disciplinary measures with clear consequences for violations, including warnings, suspensions, and potential disbarment for repeated offenses involving baseless claims.
Enhance the capacity of disciplinary committees to investigate and act on complaints of unethical behavior promptly and transparently.
Promote Ethical Advocacy:
Strengthen ethical guidelines to more clearly define an advocate's duty to prevent frivolous lawsuits and uphold factual merit in legal proceedings.
Implement mandatory continuing education programs emphasizing ethical conduct and professional responsibility, including regular workshops and seminars.
By taking these proactive steps, the Bar Council can send a clear message about the importance of ethical advocacy. This will not only deter unethical practices but also significantly reduce the number of frivolous lawsuits clogging the court system. Ultimately, this will lead to a more efficient and just legal system for all.
I HAVE UPLOADEDABOVE PETITION AT https://chng.it/g8T7vPVCbn PLEASE SUPPORT THIS PETITION TO ESTABLISH RULE OF LAW.
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Society water lines
Dear Sir,
We have 5 wings wherein 2 wings has 24 hrs water due to limited commercial hotels. where as 3 wing has hotel. Builder has connected all 3 wings water to supply water to 2 wings hotel due to which our wing tank along with other get empty within 1 hrs.
Builder not provided water line layout even project registration under RERA.
Request you to advise whether such water line suitable to hotel line allowed under RERA.
Thank you