Misguidance by Advocate while buying property

4 years ago

I am from Palakkad, Kerala but lived in Mumbai for the last 35-40 years and presently staying in Tamil Nadu on a rented premises. However, after retirement I wanted to come back and settle in Palakkad, Kerala. I located a place/land of about 3.5 cents through one of my old friends so that I can construct a small house. Of course I don't know all the latest rules in Kerala regarding the land etc., I obtained all relevant documents in respect of the said land. I contacted a lawyer who is dealing in land / property registration formalities and informed him about my intention to construct a house and handed over all the copies of the documents to find out the suitability of constructing a house in the said plot. He advised me to come on the next day to enable him to study the papers. Accordingly, on the next day he informed me that since the property is marked as "NELAM" (agricultural land) getting immediate permission for construction of house is not possible. However, he assured that there will not be any problem if I were to submit some applications and paying some fees, the permission can be obtained within a period of 3-4 months. He also advised me to go ahead and register the plot immediately. Accordingly, trusting the advocate I went ahead registered the said plot in 2015 through the said advocate himself. However, later on I came to know that this particular plot of land is coming under the Data Bank (agricultural land) and permission is not granted for construction of house in that plot of land.

My query, therefore, is, how can an advocate, misguide his client despite knowing (after studying the materials given to him) that the place is "Nelam" (agricultural land) and also fully knowing the local legal implications and advise the client to register the plot? Is he not legally and ethically bound to advice his client the exact position that as per the present situation it will be impossible to get a permission to construct a house? Be that as it may, considering the above, what are the avenues left for me to get a permission? Am I in a position to file a complaint / case against the said advocate either in a court or with the Bar Council? I assure you that your reply will be kept as utmost confidential and this query is just to know my legal position in the matter as I already locked a considerable amount in that unproductive property. I am now 65 and this money was hard earned one after struggling for more than 40 years by being away from native place. Your early reply will be highly appreciated.