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UDo not be demotivated by this.
I’d just share my personal story, for whatever its worth. I never joined any intership with a lawyer. Instead, I did my internship with the NHRC and with the Ministry of Social Justice & Empowerment. I got token amounts there, but they were enough to cover my commuting costs. And it was a wonderful learning experience.
Cut to the time that I enrolled as advocate in 2004. I literally had to go, door to door, begging bowl in hand, to get engaged as a junior associate.
As a first generation lawyer, it was hard enough to find a decent ‘senior’. I was put to tasks like inspection of files and seeking pass overs. I was even asked to campaign for a candidate in Delhi Bar Association elections at Tis Hazari. Shit hit the fan when I was asked by my then ‘senior’ to keep an eye on his lady associate, with whom he was having an affair. You get the drift.
Then in 2007, I chanced upon a really good ‘senior’ who had me research, draft and appear in low stakes cases.
Having said that, the work of filing, working with the registry, inspections and suchlike tasks would appear menial, *munshi vaala kaam*! But the knowledge that you acquire doing this, will be invaluable in the long run.
Yes, the profession is VERY and very harsh. But don’t lose hope. Don’t be demoralised. Eventually you’d make it.
As far as payments are concerned. There are all sorts of ‘seniors’. Some who treat you as a clerk. Some who make inappropriate passes on women interns (yes such animals exit). BUT, there also exist advocates who treat interns with respect and pay a token amount. I say token amount, because that is what it is. Thanks to mushrooming of law schools, lawyers are a dime a dozen today. The ‘seniors’ would pay 5000 to a worthless person with a degree, than to an intern.
As far as a ‘senior’ teaching you anything is concerned. Not happening. Nobody has the time, energy or even desire to teach a juinor associate. I cannot state it better than quote from late Mr. Fali Nariman’s autobiography “Before Memory Fades”, where he states so “*At the Bar, a young lawyer learns much โ simply by osmosis. Scientifically, osmosis is the diffusion of a liquid through a porous barrier. But learning the law by osmosis is simply being with other lawyers (senior to you) and imbibing what they say and do!*”
MOST IMPORTANTLY, don’t get demotivated. It takes time, a lot of time, but it comes to you
UAt least name the company please. There’s Prize Chits and Money Recirculation Schemes (Banning) Act for this very purpose. The Act that tripped the likes of Amway. But you need to post more facts.UAre you trying to get into bed with someone? It’ll be considered a valid marriage, with all the ‘baggage’ as you call it. Might even constitute a rape on false promise of marriage, if you are trying to get into a pretend marriage.UFor a non-cognizable offence, you;d need to file a petition before the Court. Defamation is bailable, so no, no jailUI feel really sorry for you son. What your parents are doing is deplorable and an offence under Section 75 of the Indian Penal Code. If possible, go to the police station of your area and ask for assistance. It is unlikely that they would register an FIR, but they might threaten and shame your parents into improving their behavior.You may also try making a complaint to National Commission for Protection of Child Rights [https://ncpcr.gov.in/ebaalnidan/](https://ncpcr.gov.in/ebaalnidan/)
Section 75. Punishment for cruelty to child. Whoever, having the actual charge of, or control over, a child, assaults, abandons, abuses, exposes or wilfully neglects the child or causes or procures the child to be assaulted, abandoned, abused, exposed or neglected in a manner likely to cause such child unnecessary mental or physical suffering, shall be punishable with imprisonment for a term which may extend to three years or with fine of one lakh rupees or with both:
UYes, it would be possible. If it was a comment like a serious threat to life, injury etc., it would be a cognizable offence that police can register FIR on. If not, then it’s a non-cognizable offence of defamation, for which, you need to make a complaint to the Court and the FIR is not registered ‘automatically’.If you expect any outcome, sorry, no. We live in a time and place where murders and rapes go unpunished, so defamation is least of anybody’s concern.
UThe lawyer would understand what a Caveat petition is. What happens is, a Suit is filed and the Plaintiff (party filing the Suit) is heard. Court might pass orders, in the absence of the answering party (Defendant), that the Defendant will not sell or transfer the property in question. It’s called as ex-parte interim order, i.e. an order made in the absence of the other party.When there’s a Caveat in place, the Court will not pass any order, unless the Defendant is also present and heard.
UMake a complaint before the consumer forum. Such clauses restricting legal action, even if there is a mistake on the part of the other person, are usually not entertained as a valid defense (Section 28, Contract Act). Before doing so, you might also consider posting a complaint at [https://jagograhakjago.gov.in/cg/Secure/Login.aspx#maincontent](https://jagograhakjago.gov.in/cg/Secure/Login.aspx#maincontent)U1. File an application under the RTI Act, [rtionline.gov.in](http://rtionline.gov.in) and demand the Action Taken Report/Status Report on your complaint.2. Make a complaint to the Commissioner of Police.
3. Wait a few days, most 7 days and if no action is taken, file a petition before the concerned Court under Section 156(3) Cr.P.C. for registration of an FIR.
4. You haven’t shared any details of the incident, so it;s hard to comment. But make a complaint to the RBI Banking Ombudsman against the bank [https://cms.rbi.org.in/cms/indexpage.html#eng](https://cms.rbi.org.in/cms/indexpage.html#eng)
UI’d agree with that. If they want a pound of flesh, let them initiate a Civil Suit, then have the case referred to mediation under an order of the Court, have a proper settlement being recorded in the negotiated mediation, for all times to come.U*Can my sisters or their families sue me after my fatherโs death or even while he is alive?*Yes. Suing is a rich man’s game and has no restrictions. Anybody with sufficient money to burn can have fun in the Courts.
*Please advise if any steps can be taken to ensure that no legal action can be taken in the future.*
There can be not steps that no legal action is precluded. What you can do is prepare for it.
If it is self-acquired property of your father, from his own funds, there is nothing to be worried about really. Since all the property has already been transferred in your name during the lifetime of your father, you don’t even NEED a Will. However, have one made just to be on the safe side. Now, since the property has already been transferred and mutated and cannot be made a subject of inheritance, let the Will just state this fact, and any other property left out. Have the Will registered. You cannot be a witness to it; have to be witnessed by two persons with integrity, who you trust.
From my experience, the case that your sister(s) will try to build would be, that the ‘nucleus’ of the property was ancestral funds, i.e. even though your father purchased the property in his own name, from his own funds, these very funds can be located or traced back to some joint family corpus. What is most important in such cases, is to prepare beforehand; collect as many documents as you can, to show that there was no ancestral corpus/nucleus that was used by your father to earn money.
Newspaper disownment is neither here, nor there and not looked upon as a weighty piece of evidence by Courts. If it makes you feel better, get is published in national dailies in English and local language having a wide circulation (in Delhi, we generally go by Tribune and Navbharat).
*Iโm willing to pay for professional legal advice that guarantees a foolproof plan*
Any lawyer who guarantees you any outcome, stay miles away from such lawyer. Any good lawyer will tell you the pros and cons of your case, the likely outcome, the probable time it would take, but NEVER a guarantee. For the simple reason that the outcome is NEVER in the hands of the lawyer.
ULet him initiate his legal action. If, and when he does so, take the objection (among others) that it is a motivated legal action as a retaliation for your consumer complaint against him, prior in time.UPolice would probably be checking up to file a Closure Report/Cancellation Report on the ground that the complainant, you did not wish to have an FIR registered. The apology he wrote and your counter-signature on it would most likely be treated as a settlement. Strictly speaking, police has no right to make parties enter into settlement agreements, and are bound to register an FIR upon receiving information of commission of a cognizable office; but that is how things have evolved in practice.You have to take a decision if you wish to pursue the proceedings or not. As bad as I feel writing this, but once an FIR is registered, things will take their course, which would involve more questioning from you. If a Charge Sheet is filed and criminal case initiated before the Court, you’d also have to appear as the witness.
If you feel that the guy has learnt his lesson and is now leaving you alone, you might consider moving on and dropping the case without registration of FIR.
If he ever bothers you again, you may make a fresh complaint, but its weight might be diluted just a little bit.
On the other hand, if the guy is of a criminal mindset/obsessed/psycho, it might make sense to proceed with the FIR and further proceedings.
