In my SUCCESSION case out of my 3 respondents, 2 of them have given authority that is GPA and SPA to an attorney. My SUCCESSION case is now on the final arguments stage. After I brought in all the banks in my evidence stage and closed my evidence, the Attorney along with the opposite councel has submitted a false statement without an oath or affidavit that it is my DAVA that the 3 respondents also be given half the share in the succession case, whereas I have only asked for a relief of my half share in my prayer. Is it necessary for the attorney to file an affidavit along with her joint statement with the opposite councel? My advocate is falsifying me in to believing that we can not question the attorney because she has not submitted any affidavit along with her joint statement with the opposite councel.

Detailed Legal Analysis

In India, a joint statement made by attorneys on behalf of their clients should generally be supported by affidavits from the clients themselves. However, the absence of an affidavit does not necessarily render the statement invalid or inadmissible. It is possible for the attorney to make representations on behalf of their clients in certain situations, especially during court proceedings.

In your case, where the attorney along with the opposite counsel has submitted a false statement regarding your DAVA (petition) without any affidavit or oath, it is important to bring this to the attention of the court. Your advocate should challenge the accuracy of the statement and provide evidence to support your original claim for half share in the succession case.

Your advocate's argument that the attorney cannot be questioned because she did not submit an affidavit along with the joint statement with the opposite counsel is not entirely accurate. While affidavits can lend credibility to statements made in court, they are not always mandatory, especially when attorneys are presenting arguments on behalf of their clients. However, it is crucial to contest the false statement and present your case diligently during the final arguments stage.

It is advisable to consult with your advocate and discuss the best course of action to address the false statement made by the attorney and to ensure that your rights in the succession case are protected. If necessary, your advocate can request the court to disregard the false statement and rely on the evidence and arguments presented by you to support your claim for half share in the succession case.