jas (auditor) 20 April 2012

Changing lawyer

Respected Sir/Madam,

I am from punjab(dist. ludhiana) and I filed for partition of my ancestral property in 2008.I have one brother.My father inherited this property from my grandfather after my grandfather died.There was no will left by my grandfather.This property was alloted to my grandfather and his five brothers when they came from pakistan during partition.This property is jointly owned by my father and the predecessors of my grandfathers 5 brothers.The judge gave stay on my share in the lower court in the year 2008.I am an NRI i am new resident of canada.My father and my brother went to sessions court and since 2008 till now 2012 the dispute is going on in Sessions court.My lawyer has always been forcing me to come to india as he says i need to present myself in court otherwise the judge may give verdict in my father and brother's favour.Recently since two weeks the judge is giving very short court dates(2 to 3 days between dates).Today my lawyer called me up and said he cannot fight for me if i wont come.Kindly let me know How can i change the lawyer and if my lawyer doesnt show up in front of the judge tomorrow as the court date is tomorrow(21/04/2012).what will happen and do i need any documents from my old lawyer when i go to the new one?I have to take leave from my job and then book the ticket to india.kindly guide me.i will be very grateful.

preet

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Rishabh Khare (lawyer) 20 April 2012

You can change your lawyer by simply filing a fresh vakalatnama of newly engaged lawyer. however, in some places NOC of previously engaged lawyer is required but it is very rare.

jas (auditor) 20 April 2012

Respected sir,

Thankyou so much for the prompt reply.I have a question regarding till i dont reach india and get another lawyer to fight my case in court.And my old lawyer does not turn up tomorrow in front of the judge as hes saying so. My old lawyer also told me the judge is about to give the verdict anyday.so will my old lawyers not appearing in court will affect the decsion made by the judge or no?my old lawyer is talking the same language as my father and brother.it will take me at least 4-5 days to get to india.kindly guide me

tks

preet

jas (auditor) 12 May 2012

help please i changed my lawyer at the last moment as i got back from canada and the new lawyer found out that the suit was on order so he did not give his vakaltnama and waited for the order

The judge kept on pending the order for 2 weeks and then gave it against me and he broke the stay that the lower court had given on my fathers share of property.

My grandfather owned joint property with his 5 brothers{alloted to them when they came from lahore after partion) and my grandfather died without making a will.The lower court gave me lis pendens and then stay over my share .but now the session court judge broke the stay.The order will come out on monday as it was almost 4:30 pm and my lawyer said he could'nt get the copy out ? Is it true one cannot get to know the reason why the stay was broken if the court is about to be closed.what r my chances of winning in high court and supreme court?

jas (auditor) 12 May 2012

My old lawyer told me that since i did not show my presence in front of the judge ,the judge could rule against me could that be the reason my new lawyer did not even get a chance to show my presence or do anything before my case went on order or is it that the judge did not see my new lawyer in court that could be the reason?

jas (auditor) 12 May 2012

kindly help me understand the phrase vacate the stay

thank you

jas (auditor) 13 May 2012

can someone please explain to me these lines from the jamabandi remarks column which i put in court to prove ancestral property it states-number 21345 virasat uttam singh putar sunder singh putar attar singh behak narinder singh putar uttam singh putar sunder singh (the word behak is hard to get it its in punjabi can somebody explain what it means in revenue records)