Civil Law

1.1.         Civil Law

1.1.1.                       Succession & Inheritance

Inheritance is a convention of passing or rather transferring properties, titles, debts, rights, and obligations to the legal heir of a person upon his / her death. It can be done by either a will or through laws of succession. The regulation of inheritance differs among religions, societies and communities.

We believe that there is no bigger pain than losing a family member, but we also believe that it is more painful to deal with any kind of family dispute regarding the inheritance of property. However, this happens in India because of lack of knowledge about property inheritance.

In the time of inflation, the prices of real states are touching the sky, and it becomes automatically essential for legal heirs to safeguard the property before and after the demise of the legitimate owner of the property. Legal owners must go through legal formalities to acquire the ownership of their property.

However, to get the property, the legal procedure and formalities may differ because of the nature of the property.

1.1.2.                       Gifts

Gifting property and navigating ownership disputes require careful legal consideration. We ensure adherence to legal formalities when gifting property and advise on associated rights and obligations.

1.1.3.                       Property Dispute

We help individuals and businesses resolve disputes over real estate matters. We can guide on various issues, including landlord-tenant disputes, construction defects, boundary disputes, adverse possession, specific performance and easements.

1.1.4.                       Transfer of Property

A widely pervasive issue faced by Overseas Indians is the transfer of property or immovable real estate assets. Given the federal nature of India as a country all such matters related to transfer of agricultural, residential or commercial real estate falls under the purview of the states. These further compounds the misery for NRIs as well as complicating the process of executing property transfer, because each state has different laws, rules and applicable taxes that govern such transfers.

Property Transfer is the only way by which change of ownership from one person to another person can be done. Any person who wants to actively control, manage, build, mortgage or sell a real estate asset, needs to have ownership of such an asset. This becomes even more important in the case of NRIs because they are physically far away from the property and typically the property has been received by them by way of an inheritance. Thus, to able to safeguard and manage the real estate asset, it is imperative to have the property transferred and ownership records updated. Once the property transfer is completed the new owners name gets properly recorded in the relevant Government records.

Unlike Western countries, in India, transfer of a real estate asset is not an automatic process but often a time consuming and tedious process under law where one has to submit proper documentation, go through verification checks and complete all necessary legal formalities to finalize the process. These processes are made more cumbersome since they vary from one state to another.

There are multiple alternatives through which such a property transfer can take place, and these also vary somewhat, depending on which state of India the property is located. The property transfer process can also vary based on whether the person from whom the property is being transferred is alive or not and is further dependent on whether the deceased person has left a will or not. A deceased person’s property can be transferred based on natural succession or Will. If a person dies intestate i.e. without leaving a will, their immovable assets get devolved upon all class 1 legal heirs. If an owner of a property is willing to transfer the ownership rights to someone during their lifetime, there are various instruments available through which he can transfer their title rights, such as, Gift Deed, Transfer Deed, Relinquishment Deed or Sale Deed, etc.

It is pertinent and important to highlight that irrespective of the mode of transfer, it is mandatory to register the instrument of transfer (Gift Deed, Transfer Deed, Relinquishment Deed or Sale Deed) with the appropriate Government authority for it to become final and enforceable.  Only after getting it registered with relevant authorities does the instrument of transfer (Gift Deed, Transfer Deed, Relinquishment Deed or Sale Deed) become legally valid. The process of registration for a property transfer in India involves a payment of stamp duty and other registration costs. The costs are based on a percentage of the commercial value of the real estate asset and these rates vary from one state to another. Upon successful registration of the instrument of transfer (Gift Deed, Transfer Deed, Relinquishment Deed or Sale Deed) the mutation of the property can be applied for.

1.1.5.                       Landlord / Tenant Disputes

The saga of landlord tenant disputes is not limited just to domestic citizens of India but is a much acuter problem for NRIs and their real estate assets. In the case of NRI properties, such disputes with tenants get exacerbated because people take undue advantage of the fact that the owners are not present physically. Most NRIs have no option but to give their houses on rent to protect their property from trespassers and illegal occupants. This also ensures management and care of assets which would otherwise be in a state of dilapidation and neglect. However, the landlord-tenant relationship is delicate and needs to be treated with caution.

NRI owners of properties in conflict, can neither enjoy the value of these nor exercise proper rental rights. Tenants consistently ignore eviction notices, and it is in this context that the responsibility of the legal advisor increases manifold. Although there are tenancy and rent-related laws in all Indian States, conflicts still arise and more so in the case of NRIs who cannot oversee their properties themselves. While Rent laws across India now protect the landlord’s interests much more than earlier and there are some special provisions in certain cases to further protect the assets of NRIs, using these effectively and appropriately is the fiduciary responsibility of your lawyer or law firm.

We provide dedicated service and advisory, which only deals with issues related to Landlord – Tenant disputes for our clients. As part of our Landlord – Tenant dispute advisory, we provide our clients compendious coverage with competence and transparency in legal representation for all such cases. We have a team of dedicated lawyers pan India to take care of matters even if an overseas citizen can’t be physically present. Starting from the investigation and information collection involved in the entire case to the actual execution i.e. filing, representing & managing litigation, for getting the property vacated, we take care of everything end-to-end. Our team of expert property dispute lawyers solve these cases and restore our client’s rights, without the client having to travel frequently to India.

1.1.6.                       Contractual Disputes

Contractual disputes are a common occurrence in the realm of business and personal transactions. In India, the legal framework governing contractual disputes is primarily derived from the Indian Contract Act, 1872. This Act provides comprehensive guidelines on the formation, execution, and enforcement of contracts. Understanding the intricacies of contractual disputes is essential for businesses, legal practitioners, and individuals to safeguard their interests and navigate the complexities of legal conflicts effectively.

What Constitutes a Contractual Dispute?

A contractual dispute arises when one or more parties involved in a contract disagree on the terms, conditions, or the performance of the contractual obligations.

These disputes can emerge from various scenarios, including:

a.               Breach of Contract: When a party fails to fulfill its obligations as stipulated in the contract.

b.              Misinterpretation of Terms: Disagreements on the interpretation of the contractual clauses.

c.               Non-Performance: Inability or refusal to perform the contractual duties.

d.              Payment Issues: Disputes related to payment terms, delayed payments, or non-payments.

e.               Fraud and Misrepresentation: When one party provides false information or conceals crucial facts.

1.1.7.                       Matrimonial Disputes

We have good experience in handling all kinds of matrimonial cases and divorce petition including the following;

·                 Petition against ex-parte Divorce obtained from Foreign Court Abroad

·                 Petition for restitution of conjugal rights

·                 Petitioner of Judicial Separation

·                 Petition for Maintenance being spouse & dependent(s) children

·                 Petition for declaring the marriage as null & void being contrary to the provisions of Hindu Marriage Act

·                 Petition under Domestic Violence Act and more

We specialize in divorce processes, and we aim to assist people during their life's most difficult transitions. Our team of experienced lawyers utilize compassion and knowledge to provide our clients with the best possible representation, advice, and support as they navigate the challenges of divorce.

Section 13 of the Hindu Marriage Act provides for several grounds for Divorce such as Cruelty, desertion, conversion, mental disorder, communicable disease and presumption of death.

The commonly required documents for divorce are given below:

·                 Marriage Proof evidence (e.g. - Marriage Certificate, photos, wedding cards, etc.)

·                 Address Proof (ex-Aadhar card, PAN card, Voter ID, etc.)

·                 Income statement (if required)

·                 Passport size photos

·                 Evidence supporting the grounds of divorce

·                 Details of Children (if have)

1.1.8.                       Intellectual Property Disputes

Intellectual Property is the most valuable asset in the modern age, rewarding as it does the technological innovation that drives human progress. It also helps the global art scene to flourish. Essentially Intellectual property refers to the creations of the mind. That includes inventions of all kinds, literary and scientific, artistic works, designs and many other things.

The main types of Intellectual property include;

• Patents for inventions
• Trademarks for branding 
• Copyrights for artistic and literary works
• Trade Secrets for confidential business information
• and Industrial Designs for product appearance.

1.1.9.                       Debt Recovery under MSME ACT

The Micro, Small and Medium Enterprises Development (MSMED) Act, 2006 provides a proper legal framework for the regulation and smooth functioning of such enterprises. The Act also provides a speedy dispute resolution mechanism between MSME and buyer. Any micro and small enterprise (MSE) which supplies goods or services to any buyer shall be protected under these provision of the MSMED Act, 2006.

Section 15 of the MSMED Act, 2006 places the onus on the buyer to make all payments of good to the MSE supplier within the time period agreed between them. In case there is no mutual agreement in writing then the payment must made within 45 days form the day of actual delivery. The MSE supplier shall also have a right to charge the buyer compound interest for any such delay in payment. As per Section 16 of the MSMED Act, the rate of interest to be charged shall be 3 times the rate as notified by RBI.

1.1.10.                   Consumer dispute

Any individual who buys any goods or avails any services in exchange of some money is called to be a consumer. An individual who uses such goods or avails services with the approval of the purchaser is also falls under the category of consumer. It might be relevant to note here that the purchaser of goods with deferred payment can also be treated as a consumer. However, any individual who purchases goods or avails services for a commercial purpose is not a consumer unless it is for earning his own livelihood.

The procedure involves in setting legal machinery in force under Consumer Protection Act is not much complex. Even the complaint can be filed on plain paper. It must contain the details of the complainant and the opposite party.   Further, you need to pay the prescribed fee along with the complaint, which will be a nominal fee according to your claim. 

There is a limitation period of two years for filing a complaint. You can file a complaint before the consumer court with the span of 2 years from the date on which the cause of action has arisen. Nonetheless, a complaint may be entertained after the said period on the satisfaction of the court that the complainant has sufficient cause for not filing the complaint within such period.

You can avail the ideal remedies under the Consumer Protection Act with the assistance of a Consumer Protection Lawyer in Chandigarh. Consumer courts not only dispose of the cases swiftly but also provide appropriate remedies to the consumers. These remedies include the replacement of good, removal of defects; refund of the price paid, removal of deficiencies, compensation in case of any injury, and ceases the manufacturing of hazardous goods and so on.

1.1.11.                   Labour dispute

Labour Law, also known as employment law, governs the relationship between employers and employees. It encompasses various statutes and regulations aimed at protecting workers’ rights and ensuring fair treatment in the workplace. In India, Labour Law is primarily governed by the following key legislations:

Key Labour Laws in India

1.              The Industrial Disputes Act, 1947:

Objective: To secure industrial peace and harmony by providing mechanisms for the investigation and settlement of industrial disputes.

Key Provisions:

·        Definition of industrial disputes.

·        Procedures for the resolution of disputes through conciliation, arbitration, and adjudication.

·        Provisions for strikes, lockouts, and layoffs.

2.              The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952:

Objective: To provide retirement benefits to employees.

Key Provisions:

·        Establishment of Provident Fund schemes.

·        Guidelines for contributions by employers and employees.

·        Procedures for PF claims and withdrawals.

3.              The Employees’ State Insurance Act, 1948:

Objective: To provide social security and health insurance to employees.

Key Provisions:

·        Establishment of ESI funds.

·        Coverage of medical, sickness, and maternity benefits.

·        Procedures for ESI claims and disputes.

4.              The Factories Act, 1948:

Objective: To ensure the safety, health, and welfare of workers in factories.

Key Provisions:

·        Regulations on working hours, safety measures, and welfare facilities.

·        Compliance requirements for factory owners.

·        Procedures for factory inspections and addressing non-compliance.

5.              The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013:

Objective: To prevent and address sexual harassment at the workplace.

Key Provisions:

·        Definition of sexual harassment.

·        Establishment of Internal Complaints Committees (ICCs).

·        Procedures for filing and addressing complaints of sexual harassment.

Common Labour Disputes and Legal Remedies

Labour disputes can arise from various situations, including wrongful termination, unfair labour practices, non-payment of wages, and workplace harassment. Here are some common disputes and the legal remedies available:

1.              Wrongful Termination:

·                    Dispute: Unlawful dismissal of an employee without proper cause or due process.

·                    Legal Remedy: Filing a complaint with the Labour Court for reinstatement or compensation. 

2.              Unfair Labour Practices:

·                    Dispute: Practices such as discrimination, victimization, and exploitation by employers.

·                    Legal Remedy: Seeking redress through the Industrial Disputes Act or approaching the Labour Court. 

3.              Non-Payment of Wages:

·                    Dispute: Failure to pay wages or overtime as per statutory requirements.

·                    Legal Remedy: Filing a complaint under the Payment of Wages Act, 1936. 

4.              Provident Fund (PF) Claims:

·                    Dispute: Issues related to PF contributions, withdrawals, and claims.

·                    Legal Remedy: Approaching the Employees’ Provident Fund Organization (EPFO) for resolution.

5.              ESI Disputes:

·                    Dispute: Denial of ESI benefits or disputes over contributions.

·                    Legal Remedy: Filing a complaint with the Employees’ State Insurance Corporation (ESIC). 

6.              Sexual Harassment:

·                    Dispute: Instances of sexual harassment at the workplace.

·                    Legal Remedy: Filing a complaint with the Internal Complaints Committee (ICC) or approaching the Local Complaints Committee (LCC).