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Babu (Owner)     17 March 2012

My attorney is adamant in giving back my original documents

Respected lawyers

My wife has filed a petition in Kancheepuram Court to confirm her eligibility of applying job in Tamilnadu Government services under "Compassionate ground appointments".

The said Kancheepuram court has approved her petition as she is also a legal successor amongst the 1st wife of his father and 3 sons born for the 1st wife.

Its been more than 26 years that either of the successors rigorously approached the TN Government for the distribution of death benefits of my father-in-law.

Now the issue is, when we file the petition in Kancheepuram court, my wife has handed over all the original documents, like legal heir certificate and my mother-in-law's marriage certificate to the lawyer who represented on her behalf. Now that the case has been adjudged in my wife's favor, my mother-in-law and my  wife are constantly following-up with the lawyer to collect their original documents from him for the past 1 year. Whenever she calls him, he never changed his answer that he is still searching the documents in his office.

It looks the lawyer is not completely willing to give back the original documents to us.

We have paid all our dues to the attorney well in advance there is nothing payable from our end.

Please advice what are the option that we can proceed against the lawyer who is holding our documents for "no reason".

We are not in a position to move forward with our case to the Government of Tamilnadu without the original documents.

FYI - the following shows the legal heirs of my father-in-law:

1st wife and her 3 sons - 4 members (all are alive and majors)

2nd wife and 1 daughter - 2 members (all are alive and majors)

mother - she expired  (not sure with the exact date and year)

Background about my father-in-law - he served as an Attender in "Department of Social Welfare" and he expired in 1987 while he was in service.

His first wife retired from a TN Government services and earning pension, and her three sons are self-employed.

My mother-in-law and my wife - not employed in anyof the state, central governemnt / public / private sectors as of today. I am taking care of my wife and my mother-in-law since 2007, that is the year my marriage.

I hope I have provided all the informations as may be required to proceed in this case. Please drop me an email if you require further details in this regard.

I would really appreciate your timely help in this regard.

Thanks

Babu

91-94868-12266



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 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     17 March 2012

You can get the certified copy of the legal heir certificate from the concerned recenue officer and regarding marriage certificate, it you may not get it, but  in the order of the court there will be an observation by the court.  So it is more than sufficient.
 

Babu (Owner)     17 March 2012

Dear Sir


Thanks for your reply.

Does it mean that the lawyer can still hold the documents under his custody?

Shall I complain his attitude to the Bar Council of Chennai?

It will be more time consuming and difficult to meet the concerned revenue office to obtain the "Certified Copy".

Please advice.

DVM Rao (Advocate)     19 March 2012

U can issue a legal notice through another lawyer for return of the documents.  DVM Rao, Advocate, Hyd


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