Arbitration Clauses v. NCLT’s Jurisdiction in Shareholder Disputes: What Every Business Owner Needs to Know
An arbitration clause in your shareholder agreement does not automatically take away the NCLT’s power to hear oppression and mismanagement complaints — the NCLT’s jurisdiction under the Companies Act, 2013 is statutory and cannot be entirely ousted by a private contract. If you are a shareholder facing unfair treatment, knowing which forum to approach can...
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Do NRIs Need Probate in India? Understanding When a Will Must Be Legally Validated
Let me tell you something most NRIs find out the hard way. A parent passes away in India. They left a Will. Everything looks sorted. Then you call the bank to transfer the fixed deposits, and they say — sorry, we need a probate order. You call the property registrar to transfer the flat. Same...
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What Happens to Your Property in India When Someone Dies Without a Will?
Most Indian families never talk about this until it’s too late. Someone passes away. The family is grieving. And then comes the next shock — there is no will. No written instruction. No clear direction on who gets what. If you are an NRI with property back home, or you have parents in India who...
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Can an Indian Company Legally Hire Someone Working from Outside India?
Here is something that is happening right now in hundreds of Indian companies — a founder in Bangalore hires a developer sitting in Toronto. A Delhi-based law firm onboards a paralegal working from Dubai. A Mumbai startup signs up a marketing manager who lives in London. It sounds simple. But legally? It is a minefield....
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NRI Share Claiming in India: The Legal Process Most People Get Wrong
A client based in Melbourne called us last year. His late father — a retired government engineer from Kanpur — had bought shares in several Indian companies through the 1980s and 1990s. Physical certificates. Old ISIN numbers. A manila envelope found at the back of a steel almirah after the funeral. The son had no...
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Transfer Deed Under Property law: Definition, Types, Procedure & Expenses
Introduction When it comes to immovable property in India, transferring ownership is not as simple as handing over a set of keys. Every legitimate transfer of property must be backed by a legally executed, registered document — commonly known as a Transfer Deed. Whether you are purchasing your first home, gifting property to a family...
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NRI Litigation Services in India: How to Protect Your Property & Recover Your Assets the Right Way
An NRI settled in Canada, the UK, or the Gulf calls us in a panic. They have just discovered that the ancestral house in Lucknow — the one they grew up in, the one their parents worked a lifetime to own — has been “sold” to a stranger. The signature on the sale deed is...
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Benefits of Insolvency and Bankruptcy Code 2016
How does one handle financial distress and insolvency in India? What is the Insolvency and Bankruptcy Code 2016 (IBC) 2016? The Insolvency and Bankruptcy Code 2016 (IBC) of India was introduced to consolidate and amend the laws relating to reorganization and insolvency resolution of corporate persons, partnership firms and individuals in a time-bound manner. Before...
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Liquidation Process under IBC
Have you ever wondered what happens when a company can no longer meet its financial obligations? How does the legal system handle such a situation, ensuring fair treatment for creditors while aiming for a quick resolution? The liquidation process under the Insolvency and Bankruptcy Code (IBC) is initiated when a corporate debtor fails to resolve...
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