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Showing posts with the label Indian lawyer

Common legal mistakes to avoid when forming a startup

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Starting a business is exhilarating since you plan and strategise your business ideas to build your business from scratch. However, many businesses tend to face failure because of flaws in business ideas and ignorance of the essential legal principles of starting up. Simple mistakes made from the outset of business creation may cause grave problems in the future. Getting proper legal consultation online at the right time can save money, time, and stress.   6 Common Legal Mistakes to Avoid When Forming a Startup Here are the most common mistakes to avoid when starting your business: 1.     Selecting The Incorrect Business Structure   Many entrepreneurs bring their businesses into existence but fail to realise the dissimilarity between a sole proprietorship, a partnership, an LLP, or a private limited company. Each of these business entities has its own specific business structure, including tax implications, corporate regulations, or liabilities. ...

Visitation Rights of NRI Parents in India

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When one parent is an NRI (Non-Resident Indian), it becomes emotionally and legally complicated for them to keep a positive bond with their child. Indian Law states that one of the child’s parent’s rights is to be loved and cared for by both parents, even if one is living abroad. When an Indian attorney is handling cross-border family disputes, he will emphasise that just because one parent is overseas, that will not lessen their right to visitation. Indian law dictates that with respect to visitation, the determining factor is the child’s best interests, not the parents. While the distance may modify the nature of the visits that can be arranged, it does not eliminate the right to access the child.   Legal Basis for Visitation Rights   In India, various personal and statutory laws govern visitation rights, such as:   ●        The Guardians and Wards Act, 1890 ●        The Hindu Minority and Guardia...

Passport and Travel Consent Issues in NRI Child Custody Cases

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Issues related to travel consent and passports do arise in child custody disputes with Non-Resident Indian (NRI) parents, and are critical within the context of the disputes. The mobility, security, and residence of the child are the components of the Indian judiciary`s concern. In child custody disputes, Indian lawyers take care to describe the sensitivity of the concerns. Cross-border child custody disputes and the direction of the child custody issue continue to raise child abduction and travel jurisdiction concerns.   Laws Related to Child Travel and Passport   In India, there are several pieces of legislation that govern child custody and travel permission, which include: ●        The 1890 Guardians and Wards Act ●        The 1956 Hindu Minority and Guardianship Act ●        The 1967 Passport Act ●        The 1984 Family Courts Act ...

Risks of Buying Inherited Property in India as an NRI

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For some Non-Resident Indians (NRIs), buying inherited property in India may feel like buying a secure and emotional investment. Such properties are usually family-owned and believed to be legally safe. However, there are potential legal problems with inherited property that are quite different from buying property from a builder or individual seller. An Indian lawyer dealing with property disputes will often say that the majority of such litigation stems from disputes over unclear rights to inheritance and defective title. It is important to be aware of legal problems that may arise before a transaction is made on the property.   What Is Inherited Property Under Indian Law?   Inherited property is the property received through succession by either of the following:   ●        By testamentary succession (through a valid Will), or ●        By intestate succession (without a Will, as governed by per...

Indian Lawyer: The Pillar of Justice in Modern Law Firms

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Years changed, not the role of an Indian lawyer . An Indian lawyer has always stood as the symbol of justice, intellect, and courage, upholding the rule of law and protecting citizens’ rights in an ever-evolving society.   From the historic courtroom of colonial India to the sleek conference room of today’s law firms , lawyers transitioned from traditional advocacy to becoming dynamic problem solvers and policy influencers. In modern India, they are not merely interpreters of law, but they are the architects of fairness and a complex, digital- driven world.   From Freedom to Framework: The Evolution of the Indian Lawyer   From the days of freedom struggle, the legacy of an Indian lawyer has been going on where great Advocates like Mahatma Gandhi, BR Ambedkar and Jawaharlal Nehru used Law as a tool to challenge colonial injustice.   Gandhi’s advocacy was rooted in moral law. Ambedkar’s brilliance shaped the Indian constitution, and Nehru’s understandi...