praying for help

Querist : Anonymous (Querist) 05 January 2010 This query is : Resolved
Sir
My issue is very sensitive and also regarding ethical values,normally we treat the Doctors and advocates are our wellwishers and we believe them deeply.
I am an employee and have given Rs 4 Lakhs loan to A on original property document and promissory note and as he became defaulter I approached to an advocate and issued a lawyers notice and which is returned as not claimed so I handed over the Original document and promissory note to that advocate for filing a case in the court. Since Nov 15th the advocate is postphoning the filing of the case by telling that praparing of papers for DAVA and Strike in AP and so on at last I came to know that the other side party A has been approached him and given One lakh and taken away the original document and sold away the property in the last week of Dec-09 but even now our Advocate is telling that after completion of pongal holidays he is going to file the case so as to keep me in the dark. That other side party A is not having any property or income to clear my debt.One person told that our Advocate cheated previously one of his client in this manner and that client didnot have any evidence to prove this type of cheating. So I am also didnot have any evidence that I have given the Documents. So I humbly request to kindly suggest me what I have to do and how to solve this issue.

Follow Query

Report Abuse

A V Vishal (Expert) 06 January 2010
Ask your advocate to return all rhe documents without further delay as you are interested in changing your advocate, watch for his reaction after which you may be guided.

Raj Kumar Makkad (Expert) 06 January 2010
Apart from advice of vishal, immediately make a complaint against such advocate before Bar Council of your State and such advocates should be forced to leave this noble profession as they have no place here.

Arvind Singh Chauhan (Expert) 06 January 2010
Agree with Raj Sir.

Guest (Expert) 06 January 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09325226691, 09271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

REGARDING THE PROBLEM KINDLY NOTE THAT.

1.YOUR COURT MATTER IS FOR REPAYMENT OF LOAN OF RS.4,00,000/- AND YOU ARE ALLEGING THE PERSON FOR RS.1,00,000/-
2.KINDLY NOTE THAT UNLESS YOU HAVE PROOF OF ALL ALLEGATION DO NOT TAKE ANY STEP OR ELSE YOU MAY FACE UNNECESSARY LITIGATION PLEASE NOTE.
3.GENERALY THE OTHER SIDE WHO IS DENYING ALL LOAN TO YOU WHY HE WILL GIVE SAID AMOUNT TO YOUR PERSON.IT MAY NOT BE TRUE MAY BE DUE TO SOME PROFESSIONAL RIVALARY YOU MIGHT HAVE GOT SOME WRONG INFORMATION.
4.INSTEAD OF THAT AS THE PERSON IS ASSURING YOU FOR YOUR WORK ,KINDLY KEEP COOL AND ALLOW HIM SOME TIME TO CLEAR YOUR DOUBTS AND IN CASE HE FAILS THEN YOU MAY DEMAND FOR YOUR DOCUMENTS BACK.
5.KINDLY NOTE THAT PROPERTY MATTERS ARE SO COMPLICATED THAT THE OTHER SIDE MIGHT HAVE USED DUPLICATE COPY OF SAID DOCUMENT AND MISUSED THE SAME .
6.YOU MAY FILE A CIVIL SUIT AGAINST THE SELLER AND THE PURCHASER OF THE PROPERTY AND CLAIM YOUR AMOUNT BY COLLECTING COPY OF OWNERSHIP RECORDS FROM THE CITY SURVEY OFFICE OR REGISTRAR OF PROPERTY OFFICE WHERE MORTGAGE OF LOAN IS REGISTERED ON PROPERTY DOCUMENTS.KINDLY NOTE THAT IN CASE MORTGAGE OF PROPERTY TRANSACTION IN CASE CHARGE IS CREATED ON PROPERTY ,UNLESS NO OBJECTION IS TAKEN FROM THE CONCERNED PERSON WHO HAS CREATED CHARGE ON THE PROPERTY ,THE REGISTRAR OFFICE WILL NOT ALLOW ANY SALE OF SAID PROPERTY.PLEASE NOTE
7 HENCE IT IS ADVISIBLE TO WAIT AND CONFIRM WITH THE REGISTRAR OFFICE AND KINDLY DO NOT TAKE ANY HASTY STEPS WHICH MAY ATTRACT UNNECESSARY LITATION WHICH WILL COST YOU CONSIDEREBLE FINANCIAL LOSS PLEASE NOTE.
IN CASE YOU NEED ANY FURTHER HELP YOU MAY WRITE AND SEND DETAILS .
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE