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Showing posts with the label Lawyers for FIR Registration

Divorce Lawyer in India's Perspective on Alimony for a Wife in the Case of a Void Marriage

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Introduction Recent developments have led to a Supreme Court bench's decision that the case should be remanded to the Chief Justice of India to form a three-judge bench based on the conflicting judgments handed down by a two-judge bench about the award of alimony. The sacred bond of love, trust, and commitment that is marriage can sometimes take a turn during a relationship which can cause both parties to question the foundation of their relationship. In the annulment of a marriage, the legal declaration declares that the marriage did not exist. On the other hand, the annulment invalidates the marriage at the beginning, as if it never existed. In the case of an annulment, does the wife still have the right to receive alimony in the future, regardless of the annulment? The annulment of a marriage is a legal process which can be used to declare it null and void through various legal processes. This can occur for a number of reasons, such as fraud, coercion, incapacity, or a failure ...

Divorce Settlement Mistakes to Avoid Insights from a Bangalore Family Lawyer

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Introduction Divorce is not only emotionally challenging but also financially complex. When dealing with finances, taxes, property, and long-term obligations, navigating through the financial aspects of a divorce settlement requires careful consideration. Having practiced family law in Bangalore for nearly two decades, I have witnessed firsthand how financial mistakes during divorce settlements can have significant long-term consequences. Listed below are the top 15 financial mistakes to avoid in your divorce settlement, together with practical tips to safeguard your financial future. The Full Scope of Finances Ignored Having an incomplete accounting of your assets, liabilities, income, and expenses could result in an unfair settlement. Make sure you have an accurate list of all assets, bank accounts, investments, and debts. Ignoring tax implications You should be aware that divorce settlements may negatively affect your tax liability. If you are contemplating divorce, you should thi...

Property lawyers insights on ancestral property and grandchild rights

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Introduction The laws of succession in India govern the inheritance and distribution of assets. The laws ensure that the estates of deceased individuals are fairly distributed to their legal heirs in accordance with the succession acts in place. Understanding the types of property in India - namely ancestral property and self-acquired property - is paramount for anyone navigating property law in India. This article discusses ancestral property in the Indian legal context, particularly how it pertains to the rights of grandchildren over the property of their grandfathers. Types of Property in Indian Succession Law According to Indian law, assets are classified into two categories: Ancestral Property Self-acquired property Though ancestral property is a well-known term, its full legal meaning is complex, especially since it is not specifically defined in any law. Over time, Indian courts have clarified its implications through various judgments that have shaped the meaning of ancestral ...

Settlements and Mediation Before Court Proceedings Under the Commercial Courts Act

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Introduction A commercial dispute arises when businesses disagree over transactions, often involving high risks and requiring court involvement . However, resolving such disputes through settlements and mediation, under the guidance of a high court lawyer , is a more cost-effective and efficient solution. This document outlines the procedures, categories, and potential outcomes of settlements and mediation under the Commercial Courts Act, 2015. Categories of Commercial Disputes Commercial disputes can be classified into the following categories, encompassing both domestic and international transactions, involving individuals or institutions: Partnership Disputes Contractual Agreements Employee-Employer Disputes Customer Disputes Shareholder Disputes Note: Disputes involving a monetary value exceeding INR 3,00,000 (Rupees Three Lakhs Only) are adjudicated by Commercial Courts. Definition of a Commercial Dispute As defined under Section 2(C) of the Commercial Courts Act, 201...

10 Things you need to know about the property laws in India

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Introduction: Buying a property in India requires knowledge of the local property laws . When you understand these laws better, you'll be able to avoid legal issues and make better investment decisions as a result. Following is an overview of ten important property laws in India that every Indian homebuyer should know: Regulatory and Development Act (RERA ) – The purpose of this act is to regulate the real estate sector and protect the interests of homebuyers. This act requires builders to register their projects with the regulatory authority and to disclose all project-related information, including project plans, land titles, and completion timelines. Indian Registration Act - This law requires registration of property deeds, leases, and mortgages. Registrants of all property transactions pay a registration fee based on the value of the property. Transfer of Property Act - The purpose of this law is to regulate the transfer of property. The article discusses the legal re...

The Best Way to Deal with a Rejected Bail: Expert Guidance from a High Court Attorney

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Introduction: When a bail application is rejected, it can feel like the end of the road, but it’s crucial to remember that this is just a setback, not a final defeat. As a High Court lawyer, I’ve seen many cases where persistence and a clear strategy led to success even after an initial bail denial. If you’re seeking  lawyers in Bangalore for bail , here’s a step-by-step guide on what to do if your bail is rejected. Understand the Reasons for Rejection The first step is to thoroughly understand the grounds on which the bail was rejected. Courts may deny bail for various reasons, such as the seriousness of the offense, repeat offender, the likelihood of the accused fleeing, tampering with evidence, public safety, influencing witnesses etc…. A detailed examination of the rejection order is essential to formulating the next steps. Evaluate the Possibility of an Appeal Appeals may be made to a higher court if bail is rejected by a lower court. This could be the Sessions Court or the H...

What an advocate in the High Court has to say about defending a contempt of court petition in a matrimonial case

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Introduction: In the realm of matrimonial disputes, contempt of court petitions often arise when one party fails to comply with a court order. These petitions can significantly complicate matters, and understanding the legal nuances is critical. As a High Court Advocate based in Bangalore, I’ve encountered numerous cases where contempt allegations have added layers of complexity to matrimonial proceedings. In such cases, consulting with the best lawyers in India  becomes crucial to navigate the intricacies of contempt proceedings and matrimonial disputes. These experienced legal professionals can help clarify the concept of contempt and formulate an effective defense strategy. In this post, I aim to clarify the concept of contempt in matrimonial cases and discuss how an advocate can effectively defend against such claim s. What is Contempt of Court? Contempt of court occurs when an individual disrespects or disregards the authority of the court, obstructs justice, or fails to compl...

A Legal Perspective on Protecting Children During Divorce

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Introduction: Divorce is never easy. It is an emotionally demanding process and the stakes are high especially when children are involved. As the best lawyer in Bangalore with vast experience in family law, I have not only seen the devastating impact inter-parental conflict can have on children. I have also seen that a well-negotiated and amicable divorce can safeguard the mental well-being of children and ensure a stable future for them. This blog is about the mental toll that children undergo when their parents fight during divorce proceedings and the legal implications of an amicable divorce instead of a contested one.  Hidden Consequences: Legal and Emotional Impact on Children  When parents are embroiled in a protracted legal dispute, it is not only the adults who suffer, but often the children have to bear the unseen consequences. Legally, the welfare of children should be the foremost consideration in divorce proceedings, but in reality, a contested divorce can leave d...