Chapter 4: The Experience

In the preceding chapters, we delved into the intricate details of the case, unraveling the complexities that shroud the property dispute. As we navigate through this legal labyrinth, I find it crucial to offer insights into my firsthand experience with the legal system and courtroom thus far.

Government Authorities

Our initial encounter with the legal system in relation to this case began with the Kanpur Development Authority and Nagar Nigam back in 1999. This marked the commencement of our efforts to initiate property mutation based on the Will’s provisions. The officials at these institutions, while acknowledging the existence of the unregistered will, cited its lack of registration as a reason to withhold the mutation process. Even though we apprised them of the legal provision stating that unregistered wills remain valid, their response was informal and somewhat cautious. In their verbal communication, the officials conveyed an understanding of the law and acknowledged the Will’s validity. Their reluctance stemmed from concerns about potential legal complications and the desire to avoid responsibility should anything go awry.

Courtrooms and Judges

The next significant phase of our ongoing legal journey, which continues to this day, began in 2018. It was during this time that we initiated a pivotal step by logging an Original Suit, articulating the intricate details of the case at hand. In collaboration with a seasoned Senior Lawyer, we submitted our case, along with photocopy evidence, to the court for consideration. However, as time has continued to pass, it has now been more than five years, and the legal proceedings have primarily remained confined to the realm of paperwork, with no substantial discussions or progress made in court regarding the issues at hand. The court, in its role as an intermediary, has been accumulating a substantial paper trail for both parties involved – us and the opposing side. During these past five years, I have accompanied my father to numerous court hearings, and a recurring pattern has emerged. Typically, we arrive at the court complex early, usually around 10 AM. Upon arrival, we make our way to the room where a notice board displays the list of cases scheduled for the day.

If the presiding judge is present, the court’s “peshkar” will initiate the process of calling upon the cases. However, the order in which the cases are called is far from standardized. It often depends on the financial incentives provided to the “peshkar” by the concerned parties. Bribes can influence whether a case is moved up or down the stack of scheduled cases, adding an unfortunate dimension of favoritism to the proceedings.

Once the case is called, known locally as the “pukaar,” the expectation is that all relevant parties, along with their respective lawyers, will assemble before the judge. On most occasions, there is an exchange of documents and evidence in the presence of the judge. In certain rare instances, the judge may pose questions or seek clarifications regarding the case.

After these interactions, both parties are required to sign a register, officially documenting their presence at the hearing. Additionally, it has become an unspoken custom to offer an unaccounted fee, typically starting from Rs. 20 to unknown limit, to the “peshkar” by both the parties. This practice, while unofficial, is often driven by the fear that failure to comply could result in one’s case being intentionally delayed or pushed to the bottom of the stack, leading to prolonged waiting periods outside the courtroom.

Over the course of these five years, I’ve witnessed some changes in the way court proceedings are managed. Notably, there has been an effort to modernize the system by making case records available online, which includes hearing dates, case details, and orders. However, I’ve also observed a significant drawback when it comes to the reliability of these online records, particularly in terms of hearing dates. There have been instances where the online records displayed specific dates for hearings that were either rescheduled or not scheduled at all. Conversely, there have been occasions when the online record omitted the hearing date altogether, yet the case proceeded as scheduled.

Transfers of judges have been a common occurrence, and this dynamic can sometimes disrupt the smooth flow of proceedings. More often than not, these hearings lack substantial progress in terms of actual business being conducted. Additionally, I’ve noted instances of judges exhibiting somewhat brusque behavior toward the involved parties, while maintaining a more customary and cordial demeanor when interacting with lawyers.

Lawyers

When it comes to experiences outside the courtroom, particularly in discussions with lawyers, we’ve encountered a range of opinions and professionalism—or lack thereof. Throughout these five years, I’ve visited the chambers of at least ten lawyers, and some of their advice left much to be desired. On occasion, we were met with discouraging remarks, such as being told that our Will held no value and that, as educated individuals, we should steer clear of the complexities of court battles. Instead, they suggested we sell our property and provided references for potential buyers.

Our interactions with lawyers have led to some common patterns and frustrations. One notable issue has been the lack of professionalism. It’s often uncertain whether they will be available when needed in the courtroom. They can become visibly offended when reminded of upcoming case dates, despite themselves occasionally missing those dates. Many of them neglect to discuss the pertinent legal sections and strategies for how the case should proceed, leaving us in the dark about the legal roadmap. Furthermore, they tend to request various things, seemingly as a safeguard to shift blame to the client for the case delays. It’s not uncommon for them to claim ownership of the case but then exhibit a lack of precision when discussing facts or figures, creating an atmosphere of uncertainty. While we understand that lawyers handle multiple cases, it would be more reassuring if they could openly acknowledge when they don’t recall specific details rather than providing inaccurate information. These experiences have revealed the challenges and complexities involved in finding a lawyer who not only takes ownership of the case but also approaches it with professionalism and precision.

Key Issues Observed from the Experience

Based on the experiences I’ve shared, several key issues have come to the forefront, that are directly impacting both me and my case:

Government Authorities Shifting Responsibility: It’s concerning that government authorities, despite being aware of the relevant laws, often choose to offload actions onto the courtrooms, presumably to protect themselves. This, in turn, creates an unnecessary burden on the common public and further complicates an already overloaded judicial system.

The Judiciary’s Overburdening: The accumulation of cases as a result of slow and inefficient paperwork procedures, coupled with the lack of advancement on scheduled hearing dates, places unwarranted stress on individuals in pursuit of justice. In this chaotic environment, even straightforward cases can become lost in the shuffle, leaving litigants waiting anxiously for their opportunity in court.

Lack of System Efficiency: The inefficiencies in the system often lead to a complete waste of time for those attending court proceedings. Inefficiencies in scheduling and operations can result in long hours of waiting.

Unaccounted fees to Court Staff: The prevalent practice of offering unaccounted fees to court staff for favorable treatment is a deeply troubling issue that compromises the integrity of the legal system.

Irregularities in Digital Records: Inaccuracies and irregularities in maintaining digital records can cast doubt on the reliability and transparency of the system. Rude Behavior of Judges: The rude behavior exhibited by some judges toward the common public can create an intimidating and unwelcoming atmosphere in the courtroom. Challenges in Finding a Good Lawyer: The process of finding and retaining a trustworthy lawyer who is genuinely invested in your case can be daunting. Some lawyers may prioritize financial gain over the efficient resolution of cases, prolonging legal battles for their bene

Conclusion

In the labyrinthine corridors of the Indian legal system, the prolonged battles for justice can exact a heavy toll on one’s mental peace and stability. It often feels as though the system takes more than it gives, leaving individuals in a state of seemingly endless waiting. Instead of being productive and contributing to our own well-being, our families, and society at large, we often find ourselves entrapped in a ceaseless legal struggle. However, I’ve chosen to view this extended ordeal as an opportunity, a chance to understand the law, put it through my unique perspective and present it to the world through this blog post.

While I am by no means an expert, I am a novice who has embarked on a journey of research and the sharing of personal opinions. Through this blog post, I hope to engage in a constructive and open-minded dialogue with the wider community. I understand that this conversation may yield benefits not just for me but also for many others who find themselves in similar positions. Your thoughts, opinions, suggestions, and advice on this article are invaluable.

Together, as an open-minded community, we can collectively work towards building a better India—a place where the pursuit of justice is not a cumbersome burden but a fundamental right accessible to all. Let’s join hands and contribute to the ongoing transformation of our legal system and our society. Together, we can build a brighter and more just India.