Personal & NRI
Practice overview
A. Real Estate Management and Testamentary Documents
Managing real estate for NRIs requires specialized legal knowledge and precision in documentation to ensure proper transfer, leasing, and management of property. Our services include:
1. Documentation and Execution:
Property transfer, sales, leasing, and mutations to ensure legally sound transitions of ownership.
2. Annual House Tax Returns:
Handling the submission of house tax returns to maintain compliance with local tax laws.
3. Certificate of Surviving Legal Heirs:
Assisting with legal documentation to recognize and certify legal heirs for estate purposes.
4. Family Trusts:
Establishing family trusts to avoid the need for urgent repatriation, ensuring smooth management of property across generations.
5. Partition of Assets:
Facilitating the division of immovable and movable assets through court proceedings or mediation, ensuring equitable distribution.
6. Property Transactions:
Assisting with all transactions related to residential, commercial, and agricultural properties, ensuring compliance with relevant laws.
7. Revenue Department Applications:
Submitting requisite applications for updating ownership details in official records of the revenue department.
8. Legal Search Reports:
Conducting thorough legal searches to confirm the title, ownership, and other relevant property details.
Importance of Testamentary Documents::
Drafting and executing living wills or other testamentary documents requires precision to ensure future enforceability without legal ambiguities. Relevant statutes include:
Indian Succession Act, 1925
Transfer of Property Act, 1882
Guardianship and Wards Act, 1956
Hindu Minority and Guardianship Act, 1956
Hindu Succession Act, 1956
Hindu law, dating back approximately 6,000 years, is one of the oldest legal systems. Originally, it aimed at salvation and fulfillment, rather than merely societal order, which influences the legal framework governing inheritance, property, and guardianship.
B. Laws Affecting Older Citizens in India:
Indian laws prioritize the rights and well-being of elderly citizens. We offer services to ensure their security, health, and legal protection:
1. Parental Care:
Legal support for ensuring proper care arrangements for elderly parents.
2. Medical Insurance:
Assistance in securing medical insurance and managing healthcare-related legal matters.
3. Para-Medical Services:
Coordination of para-medical services for elderly citizens, ensuring access to necessary healthcare.
4. Security and Safety:
Legal assistance in safeguarding the interests of the elderly through police assistance and periodic legal protections. We arrange weekly, fortnightly, or monthly visits to monitor their well-being.
C. Litigation/Legal Codes for Personal Affairs in India:
Personal laws in India derive from customary practices, ancient texts, precedents, and legislative enactments. Our practice, with over 60 years of experience, is well-equipped to handle civil suits seeking various forms of relief:
D. Divorce Laws under the Hindu Marriage Act
1. Declaration:
Securing legal declarations in matters such as property ownership, legal rights, and personal status.
2. Injunction:
Seeking injunctions to prevent unlawful actions or protect clients' interests.
3. Partition:
Litigating partition disputes involving family property or assets.
4. Possession:
Assisting clients in securing rightful possession of property.
5. Divorce:
Providing legal representation in divorce proceedings, ensuring a fair resolution.
6. Restitution of Conjugal Rights:
Assisting in cases involving the restoration of conjugal rights under personal laws.
7. Maintenance:
Securing maintenance for spouses or dependents as per legal entitlements.
8. Child Custody:
Litigating child custody cases with a focus on the best interests of the child.
D. Divorce Laws under the Hindu Marriage Act:
Divorce under Hindu law is governed by the Hindu Marriage Act, 1955, with provisions for contested and mutual consent divorce:
Contested Divorce: Grounds for divorce include cruelty, desertion, adultery, and bigamy. Women have additional rights under Section 10 of the Indian Divorce Act, 1869.
Mutual Consent Divorce: Section 13B of the Hindu Marriage Act allows couples to divorce by mutual consent, streamlining the process and reducing conflict.
E. Adoption under Hindu Law:
The Hindu Adoption and Maintenance Act, 1956 governs adoptions among Hindus. Key points include:
Eligibility: Both males and females are now allowed to adopt under the act.
Legal Requirements: Strict compliance with the provisions of the act is essential, as any deviation renders the adoption void
F. Muslim Personal Laws:
Muslim personal law is codified by the Muslim Law (Shariat) Application Act, 1937, which governs personal matters such as marriage, divorce, maintenance, and inheritance. Derived from the Quran, the law is applied to both Sunni and Shia communities in India:
1. Marriage and Divorce:
Governed by Islamic principles, including provisions for talaq (divorce) and khula (divorce initiated by the wife).
2. Maintenance:
Obligations for maintenance are rooted in religious doctrine, with provisions under the Muslim Women (Protection of Rights on Divorce) Act, 1986.
3. Inheritance:
The law prescribes specific shares for heirs, with detailed rules on succession.
G. IPR & CYBER CRIME LAWS
India is not only an information technology powerhouse but also a vast market for the marketers of the world. The huge domestic market with high spending power has given a boost to the ecommerce business. This has lead to formulation of sophisticated and comprehensive IT policies and laws.
There is a well recognized statutory, administrative and judicial framework to uphold Intellectual Property Rights ("IPR") in India, whether they relate to patents, trademarks, copyright or industrial designs. Well- known international trademarks have been protected in India even when they were not registered there. The courts, under the doctrine of breach of confidentiality, have accorded an extensive protection to trade secrets. India is a signatory to the agreement on Trade Related Aspects of Intellectual Property Rights ("TRIPS"), which came into force on January 1, 1995 as part of its acceptance of the GATT regime under the WTO. Indian laws protecting IPR are in line with the minimum standards for protection and enforcement as laid down by TRIPS.
‘MRC Legal’ has been advising E-Commerce and IT clients on compliances and provisions of Information Technology Act, 2000 specifically in Trade Mark, Copyrights & Related Rights, Patents, Designs, Geographical Indications, Semiconductors Integrated Circuit Layout-Designs, Trade Secrets, Registration Renewal of trade/service marks, copyrights, patents and designs, Initial investigations into potential patentability of inventions, License agreements, Merchandising agreements, Domain name disputes, Infringement, Counterfeit Product Investigation/Seizure, Advice relating to IPR, Data protection laws, Data protection breaches by employees, online cheating and frauds, Breach of confidentiality and privacy, Tampering & hacking, Technology transactions, online defamation, cyber terrorism, spamming and cyber stalking.
Note:
Our firm is headquartered in New Delhi, with a network of associates across India to provide comprehensive legal services nationwide. We offer annual retainers for ongoing legal support, with separate charges for conferences, travel, and overhead expenses.