Sending a legal notice from two lawyers

Before answering to your question, let me tell you the importance of Legal Documents.
Legal documents are highly important and involved various delicate intricacies which are difficult for a layman to assemble. The legal notice is a document which is sent by a lawyer on the instructions of his client to a person (legal or natural) and though this document the opposite party is informed about the intention of the party sending the notice to initiating legal proceedings against them for the grievances and difficulty caused to them.

Now, coming back to your question, let me tell you that two advocates cannot be said to be acting in dual capacity, if the identity and roles of the two advocates are clearly distinct and do not merge at any moment. However, a constituted lawyer/advocate can appoint another advocate to plead on behalf of the party, but this advocate shall not be associated with the constituted lawyer's firm.

So, in simple terms the answer to your question is 'No, you can't appoint two lawyers for a same case/matter'.

Hope It Helps

Regards
Kevin M. Paul

As things stand now, there is a possibility of two Legal Notices issued (presumably to the Bank holding the deposit) by two different Lawyers. To that extent, it will not have any effect. Please ensure that a Legal notice is given to the Nominee also demanding your share in the deposit for which he/she is merely a nominee. Nominee can receive the money relating to deposit or any other such asset in the capacity of Trustee only and it is incumbent upon the Nominee to share the proceeds with all legal heirs as per the eligibility of such heirs.

 

In case, the matter comes up to filing a suit, you should be careful to engage and ensure one Lawyer only is representing you in the court at any given time.

If the issue is only of sending two notices by misunderstanding, mistake or by oversight, this is not going to make any difference.

Coming to the Nomination issue, you have to first get an injunction to the bank and a bank may not act on the notice of the Advocate.

Have you got the notice issued to the Nominee also warning him not to make any claims as he is a co-sharer and trustee for all other legal heirs ?

This notice issued to the nominee is material as the bank ignores all such notices as they are obliged to their depositor and his nomination as per Act.  They have to perform their duty as per statute and they are discharged from the obligation on payment in absence of a court order restraining them against such payment.

Legal notices, apart you are complicating the issues. The legal option is in dealing with the nominee, not the Bank. Who is the nominee - is he your sibling or otherwise related to you?

Thanks for your response. The nominees are my siblings. I was thinking that first stop the payment from bank by  sending legal notice to the banks to stop payment to the nominees and after that the siblings will resolve the issue among themselves of sharing the money equally as money may be withdrawn from the banks anytime.

I was talking to my nominated siblings and they insists on not sharing the money with other siblings. so i thought 1st stop the withdrawal from the bank then resolve the issue among overselves  without going to courts.

 

Thank  you,

 

Venu.

 

 

Short of Competent Court Order to the Bank  stoppinh them from acting upon Nomination, Banks shall be perfectly in order if they settle the matter as per valid nomination available with them from the deceased depositor.

 

Many think Nomination is like a Will and whoever is nominated, the deposit belongs to him/her. No,that contention is not correct. Nominee receives the money from bank in the capacity of Trustee and it's incumbent upon the nominee to distribute the deposit proceeds to all eligible legal heirs. Nomination does not give any ownership on the deposit proceeds but it's only a decree from the Depositor nominating a person to receive and settle the matter in the event of Depositor's Death.

 

Therefore, issue Legal Notice to the Nominee/s demanding your share in the deposit proceeds and if need be approach the Court, provided your share of money is large enough justifying the time, tension and money yo be spent for moving the Court.

Subsequent legal notice is invalid, however, lawyer can be changed any time.

Originally posted by : Venu
	Thanks for your response. The nominees are my siblings. I was thinking that first stop the payment from bank by  sending legal notice to the banks to stop payment to the nominees and after that the siblings will resolve the issue among themselves of sharing the money equally as money may be withdrawn from the banks anytime. I was talking to my nominated siblings and they insists on not sharing the money with other siblings. so i thought 1st stop the withdrawal from the bank then resolve the issue among overselves  without going to courts.   Thank  you,   Venu.  In fine, this is a dispute, if at all there is a dispute, within the family , nay siblings. It is imprudent to bring third persons into the quillings which could even lead to funds being held up indefinitely.    Let the Bank disburse funds in accordance with the norms. As already emphasized by  learned Mr. Sivramprasad, the nominee receives the fund from the Bank in the capacity of trustee on behalf of all the legal heirs and he is under legal obligation to ensure that each legal heir gets his or her due. Any failure or lapse on the part of the nominee would render him or her liable for legal action.

 

Understand the complications involved once the amount is disbursed, as you have to approach the court for getting your share.  The bank is under obligation to settle the claim of the nominee within 15 days from the receipt of such claim as per RBI guidelines.  So to bring pressure on the nominee, if the nominee is not willing, it is always proper to bring an injunction to the bank from a competent court.

Thank you all for your advice, really appreciate it. The money is withdrawn by my siblings and they are not willing to share.  I was told that the only option left is file a civil suit. I came to know that it is a lengthy & expensive  process. The court is located at coimbatore, Tamil nadu.

 

I will appreciate if  any of the user in this forum let me know  approximately how long does it take to get a verdict or final decision in Coimbatore, TN  for property disputes..

 

Thanks,

 

Venu

I feel it is an open and shut case. It may not take much time. However, everything depends upon the opposite party and their Legal Advisors who may resort to delaying techniques, knowing pretty well that they ultimately lose the case. Also, the judgement of the lower court is open for an appeal to higher courts. So you can imagine the time it may take if your siblings having taken the money, being in a comfortable position, may go for appeals. Therefore while filing suit, better pray before the court for freezing the funds without being withdrawn so that by the time the decree is received, the funds in question shall be available.

 

 

After two pages of replies, let us go for the actual query of the member.  The query was as follows:

"Is it it okay to engage two lawyers to send legal notice two banks for same issue? Will it be help in strengthening my case or make it worse?   I really appreciate expert advice from this great forum."

Time and again many experts advised him to focus on a remedy through court against encashment and the delay in collecting share from nominee by approaching the court.

There is no further use in repeated advice and prolonging the thread once again, as many experts cautioned him to focus on the actual much speedier remedy. and not divert attention to issuing two notices to Bank, when Bank is under no obligation to respond and might have settled the claim already.
 

Thank you for all your response.

 

Venu

If the contents of both the notice are identical it is ok, but if totally different it may also be used against you.