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teja (SW Engg)     31 March 2012

Procedure and precautions to take while changing advocate


Our Court case is of Property dispute between "My Father and his brothers/sister's" VS "My fathers Brother" . Case Status :-Still initial hearing's are going on,Advocates from both side have submitted their own version's to the Court and have been post phoning the hearing till now.

All of sudden our advocate has called my father and said to take collect our papers back from him.He is claiming that my father has said something bad about him and he is not ready to fight the case for us.but my father claims he has nevered talked about him anywhere.We ment to him and requested him but he was shouting at my father and abusing him and asking him to sign on the something and collect the papers back.

I told my father that it is of no good to plede with him as he was abusing  and swearing at US.

I was ready to take the papers back from him but my father asked me to slow down.

So what are the Procedure and Precautions to take while Changing Advocate.

Let me give the Case details:-

My father has got  registered "My deceased Grandfather's house"  in favour of Himself by paying amount to all his brothers/Sisters except one Brother as he was demanding Lumpsome amount for his share.

Now this uncle of mine has gone to court asking his share and asking the court to declare the registered document as null and Void because he has not signed it.

My uncle is saying that the daughter's have no right in the property and my grand mother who also registered her share to my father have no right in the property .

All my uncles and aunts stay at different places and they are not interested in coming to court.

This advocate of ours said that he will represent my father and said he will hire his Junior as a token to represent remaining Aunts and Uncles.My father had to travel differrent places to get signatures of my aunt and uncles.This thing happened about 6-7 months back.

Now all of sudden our advocate is angry at my father and asked to take the papers back.

So Please Please tell me what is the procedure to change the advocate and should my father go to all my aunts and uncles to get their signatures to change the advocate.My father is 65 years old and  it is difficult for him to go and get all the signature's from our uncles and aunts

Please what do you suggest,We have requested our advocate a lot not to do so.My father was ready to swear on Bhagavat Gita that he has not said any thing wrong about him but our advocate was abusing him.

As per our case we have 2 advocates ,one representing our father and other was our advocates Jr who was representing my aunts/uncles.


 3 Replies

Alok Tholiya (self employed)     31 March 2012

If ur father had taken powers then he cud do needful but w/o same he has to take sign again and again. 

parayil kumar (Advocate)     31 March 2012

Do not worry you can in this case please write a letter to Bar Council and a copy of the letter to Court Registrar for taking action against the Advocate. This will solve your problem

Chetan Pardakhe (Advocate & Corporate Consultant)     01 April 2012

If u r father did not abuse him then the act of  advocate is very shameful i strongly condemned it .

U should file complaint before respective Bar Council of  u R State and also put the matter to media also.

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