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Advantages And Disadvantages Of Lien

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INTRODUCTION
If we take the aspect of law, a lien is a form of welfare interest which has been permitted over an item of property to protect the payment of a debt or performance of some other obligation. The person who owns the properly and grants the lien is known as the lienor whereas the person who has the benefit of the lien is referred to as the lienee.
Section 171 of the Indian Contract Act, 1872 deals with the law of lien.
An advocate’s lien is thus the right of a lawyer as well as a remedy for a lawyer to hold a client's property or money until payment has been made for legal aid, advice and representation given. However the availability of this remedy does not exist for an advocate in India. The term ‘lien’ has been defined as a claim, encumbrance, or charge on property as security for the payment of some debt, obligation, or duty. There are two types of liens:
1. Consensual, which …show more content…

Solland & Ors discusses about Common law lien and the statutory lien in which the Court’s opinion was that even though the right of a solicitor is meant to be lien regardless of it not being a true lien under the common law or the statute, which is existent only in the sense where the person who claims that the lien has the property which he claims to be subject to the lien in his possession.. Another aspect considered upon was that when there is a case of the solicitor's common law lien over his client's documents, there is a firm principle that a solicitor who takes substitute security from his client for his costs may be held to have waived his lien. Prima facie a solicitor has a lien for his charges upon the papers of his client. If the lien is lost, released, or waived in the same way as the liens which other persons hold, the different between the case of the other lien and a solicitor’s lien is that the solicitor has a duty to make the client aware of it if he intends to retain the lien or else his lien will be taken to be

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