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babu lal (Clerk)     14 December 2016

Lower court is delaying the hearing for probate ho can help

Hello all the respected community of lawyers . Please help me if you can with advise ,guidance,suggestion contacts .

I have filed a Probate case in Barasat Lower Court West Bengal under 2ndADJ . I have already nearly 28 dates passed away . Still Judge is not going with any

Processing ,hearing nothing . Also I changed nearly 5 Lawyers from Barasat Court and Alipur Court . They are also not assisting for this case to speed up . The case was put in the Barasat court on 2012 . Nearly 4 years ending nothing happen . Previously the appeal for Security Custody of WILL was not taken care untill I moved to Calcutta High Court for Escalation . Now 1 year gone away since Secured Custody case was heard. But the case for hearing of Probate is Prolonging . Judge is writing in Order sheet that either he was busy with session Court Cases or Opposite Party was not appearing . Opposite Party means my 3 sisters . 2 Sisters just put some comments through their Lawyers . 1 Sister on 2013 after 1 Year asked for WILL Inspection . My Lawyer or from Our end we didn' t stop her to do that . But she within 4 Years never coming for Inspection . Another sister in 2015 after 3 years later put deputation that she don't accept this WILL . Additionally she file a Case of Partition in 2016 . While she is aware there is WILL and it is Pending for Decision as she received Probate case notice on 2012, 3 times served

Now neiher court is doing anything to resolve the issue neither Lawyers are helping me . My question is ; is there anyway to escalate this harrasment of Lower Court to Speed up the issue . As there is clear indication of Conspiracy between Court and Lawyers in Barasat that as long as they can Prolong this case they can earn Money .

My Lawyer never pay heed to me . If I call him or try to meet him . He always said he is busy unable o meet and make delay like this . Also he never inform properly what is going around with the case . Even he allowing the Opposite to use the Chance for taking advantage on this Case . As I live abroad . He is never brifeing me properly . The Case have merit on my side . Still it is slowly going against me due to Conspiracy of Lawyer and Court . Even my second sister who file the Case of Partition , file  a case against me with Local Police in City Civil Court that I was doing hooliganism on 2014 April . Where as I left Country on Nov 2013. I am requesting my Lawyers to File deputation against this False Charge . But again he is delaying & delaying . I am really Tired of this 5 Lawyers  Changed . All Promised good in the Begnning . Later they are mixed with my Opposite Party and Screwing up th matter . When ever Lawyer is asking for Money . I am paying. Still nothing is helping  Anybody here please help me with advice , suggestion and support . As I can't do anything like this 5 years approaching nothing happeand . Only False Cases are mounting on me and more an more expenses added.

Any Lawyers please help me !!!

 



 15 Replies

Kumar Doab (FIN)     14 December 2016

Courts are burdened.

If you are not satisfied with current lawyer, then change.

Engage a very able counsel specializing in such/succession/probate matters.

 

 

Kumar Doab (FIN)     14 December 2016

LCI expert Mr. Devajyoti Barman is from Kolkota.

You can benefit from his counsel.

babu lal (Clerk)     14 December 2016

Hello Kumar Doab thanks for your answer . But where to get sincere ,reliable and supportive lawyer here . Who will have attention in my case and help to come out from this misery . Current lawyer everybody was praising lots . He was initially showing lots of attention and sincerity then he also took me like recurring customer . Taking money from me but not helping to get justice . So is Mr . Burman that much dependable or only another lawyer only hunting clients for Money . Sorry and apology to use such sentence .

Kumar Doab (FIN)     14 December 2016

Mr. Devajyoti Barman is senior expert of LCI.

You can log onto his profile and go thru his posts/profile.

You can firm up your views  in person and discuss in detail.

You have posted issues with lawyers engaged by you.

So the suggestion was made to you.

 

 

 

 

vijay kumar (student)     14 December 2016

@babu lal !

i too had same experince and in few cases even worse nothing much can be done regarding this . 

we paid and lawyer collaborated with opposite party and refused to file the complaint .

in another case , paid the lawer , who never represented the case .

before taking the money they are nice , after taking the money , they do not have time .

took this matter to bar council of india , nothing happened . 

Some lawyers are disgrace and there is no law against such malpractice . 

this happened with me in jharkhand and bihar . Cases were represented at hight courts ,district courts and consumer forum .

Right now I am representing my own case at consumer forum , long dates , president giving undue advantange to oppoiste party lawyer , lawyer has not even entered written statement even after two years, supreme court jugements are over looked , cp act is over looked . I requested , told forum regarding my health issue that i supper from tutmor , no effect . Two years and running . I have no idea if it will end any time soon .

In india no matter where you will go , you will find corruption . There is corrutpion even in judiciary . 

Kumar Doab (FIN)     15 December 2016

The posts are not negative shades.

In each city/location, there are counsels that have unshakable reputation,integrity,and unparallled expertise.

 

Spend quality time in finding such counsels.

Like you spend quality time in finding say a good Doctor: Like a Interventional Cardiologist, that would be DM ( Cardiology) and not BAMS/GAMS..................

Generic opinion won't help you or anyone.

 

 

 

 

Pritam Gupta (Teacher)     17 December 2016

Yeah it is very easy to say find a good lawyer. Find an honest doctor etc.

Pertinently from my experience a dependable lawyer today is more of a rarity than even such a doctor, unless said person is personally very well known to you from before. I have been myself earlier been taken for a ride by even a well known name in the legal profession in my area. Still today I witness how one Advocate does not inform me of a possible avenue that might give me a quick relief and bring an early end to my suit. At other times I see how my Advocates try to drag the cases even knowing fully well that such is contra-interest to his very client. And each time you attempt to change Advocate/s the new person will be more sceptical of you especially with the solidarity amongst themselves in the industry. In fact well known names will try not to associate themselves with you. 

Moreover in legal matters the expenditures are of a recurring nature so it becomes in the interest of most Advocate/s especially in lower Courts to keep matters hanging as much as is possible. The Higher courts themselves have in many judgments also highlighted this need for integrity amongst Advocate/s and to help clear the backlog and not to contribute towards it, as the Judicial system is the backbone of any nation and often the last hope of its people.There are also few takers for contract basis payment systems in this country wherein payments would be given as per win/loss, speedy disposals etc. I wish there was as then things would dramatically change. 

But yes as suggested by Mr. Doab keep on looking and maybe one day you will find that elusive person.

Kumar Doab (FIN)     17 December 2016

The discussion may land up from finding a good doctor , lawyer and even a good house painter, plumber, desi ghee supplier etc etc The person that has a legal issue and need a lawyer/law firm may spend good time in courts, go thru court websites and judgments and ascertain the lawyers that won the cases, in shortest possible time............................

 

If NO One can guide then one has tio guide oneself.

 

All fingers are not alike.

 

Black sheep are there however it does not mean that all sheep are black.

There is no dearth of good lawyers, counsels.

 

 

 

 

 

 

 

babu lal (Clerk)     19 December 2016

Hello Doab Kumar thanks lots for your highlight . My Uncle already visited Mr Burman . But he already checked the case . But he was showing no hope with these case . Where as I initially visited to Law College Legal AID Council . Where they checked the WILL and relevant Documents & explained that case have enough merit . If I have good lawyer backing I can easily WIN . So there is the question marked arised regarding the Capability of your recommeneded Lawyer .

 

Don't feel bad about other members remark with all due respect to you and to this Profession I am saying what Vijayendra & Pritam said is Exactly correct . The same consequence is happening . You said truth we need to search lots but how much we need to search . Why the Lawyers don't have enough Morality and responsibility in their Profession ? Is money enough in life than Morality . We were having lawyers like Prashanta Sinha ,Kalidas Bose and Bolai Ray . But those are over . Even criminals were afriad to face such lawyers in opposite . Even my father's lawyers who drafted the WILL had WIN such Probate cases number of times and within 2 years to 3 Years Span . But they all died no more in this world whom to ask for help . That really make us feel very helpless some times.

 

vijay kumar (student)     19 December 2016

@babu lal 

true it is hard to find a good and truthful lawyer with morality , and those who are honourable have very very hight fee which many us cannot afford !

the lawyer which i hired high court took , that is huge sum of money and he never did what he promised, he represented one hearing after that he never represented the case, he never took the call, and dodged us and finnaly case was dismissed . we gave 50000 for two hearing dates .

in second instance we hired another lawyer , he never filed the case and kept on delaying , never returned the money, complained against him , bar council asked for rs6000 and 30 copies of complaint .

i do not have 6000 rs to send on myself to buy medicine , i was not able to give it .

my childhood friend's father is lawyer he is reputed , he did not take the case because we were not able to pay the fees he take. 

as far as doctors are concerned , it is rather easy to find them , but lawyers it is more or less impossible . 

many end in jail and spend their time in jail without being conviceted and without being sentenced because they cannot afford good laywers .

In judiciary there is problem , corruption , this is not what I am saying , but retired judges of high court and supreme court have said that !

I even decided to learn law but cannot afford the fee of the univeristy .

it is fact , I am not bashing anyone here or the profession . 

Kumar Doab (FIN)     19 December 2016

Mr.Babu Lal,

Senior LCI Expert Mr. Devajyoti Barman has shared his opinion with you in staright forward and upfront manner.

You should be happy with it.

 

 

 

 

Devajyoti Barman (Advocate)     20 December 2016

I can not remember anyone of name of the author ever voisited me to take advice on the case.

It is also surprising to now I did not show any hope when the author claim to have good merit of this case as I never do this kind of things.

It appears the author had met some one having the similar suname liek me.

Kumar Doab (FIN)     20 December 2016

I feel the same as senior LCI expert Mr. Devajyoti Barman.

babu lal (Clerk)     20 December 2016

Aha thanks lots Devajyoti and Kumar Doab . As I mentioned earlier my Uncle talked I didn't talk with Mr.Burman as I live aborad . Mr .Burman kindly can you share your contact details . So I can ask him once again to talk to you . Also do I need to pay initially . As it is really hard I had paid lots of money here there fo Consultation and at the end nothing happening it is still hanging . If you really can help Mr . Devajyoti  Burman I will be evergrateful to you both .


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