Greetings,
My father had filed a case in Madras High Court.
He had appointed an advocate. Only one hearing is over.
My father suddenly passed away. When I went to implead as legal heirs in the case, he asked rs.5000 for impleading petition over phone. But when I went there, he asked me rs.20000. I asked him about his sudden change in amount, he was not accepting and he was trying to pull in as much money possible from me. I got very upset with the money minded behaviour of the advocate. I left the place seeking time and without signing vakalat for him as legal heir. Most of all, He was also not interested in discussing the case. He was only concerned about the money.
As i didn't like his approach, I requested to change the bundle from him to another advocate. He started agitating a lot and behaved very rudely. Though my father has paid the fees in full via cash, the advocate is asking me to pay rupees one lakh to change the case to another advocate.
Following are my questions,
1. Didn't the validity of vakalat expire with my father's death?
2. As none of us has signed any vakalat as legal heirs to this advocate, do we still need to get change of vakkalat to appoint a new advocate?
3. The case had only one hearing in September 2017 and the requested stay was granted. After that, no hearing has taken place. The case is still pending. How can the advocate claim one lakh after 3 years. Specifically, after knowing about the change of case to another advocate.
Thanks,
Asked 5 years ago in Civil Law
I would like to mention that the cash has been paid in full. But no reciept has been issued. But my father had the habit of writing diary daily and the 2017 year diary has mentioning of everything. Also, he has filed the same in the corresponding financial year for IT.
Now, the advocate is threatening me that these cannot be held as an evidence. And he also says, my deceased father's partner has to agree to give NOC. Note: the property is not partitioned from the partner. His case and our case are numbered separately. Is it still necessary for partners approval? Advocate and the partner has collaborated and we are not in terms with the partner anymore.
PS: My father is the sole petitioner in the case. None of the legal heirs are in the case petition. We need to implead. None of the legal heirs have signed the vakkalat to the advocate. Can the advocate challenge if I bring in a new advocate?
Asked 5 years ago
