The Firm has a dedicated section that deals with ‘Property Law Practice’. The section comprise of all types of legal matter related to Property for clients both in India and foreign countries. The primary services provided to the firm include the following listed below:

• Title check
• Checking of crucial documents during sale, purchase, lease and rent for immovable properties
• Important documentation such as deeds, property agreements, and a lot more
• Mutation with the statutory authorities
• Properties maintenance for NRIs

Succession Law Practice

This section includes handling of varied types of legal issues before and after the death of the owner. It also includes dealing of issues related to the partition of the properties. The primary services of the Firm, includes:

• Drafting of wills
• Settlement drafting
• Registration of partition deeds
• Drafting of gift deeds
• Certificate for probate and succession
• Drafting of partition deeds
• Appeal cases

Litigation in Courts of India and Foreign Countries

The experienced and highly proficient lawyers of the Firm assist the clients in crucial tasks such as the drafting of partition deeds, wills, settlement deeds, and much more. The lawyers hold many years of experience and relevant expertise in handling cases related to succession within India and in foreign countries.

The Firm has also offered help to foreigners and PIOs for securing succession rights over the properties situated or deposited in India. It has also helped them claim and en-cash these properties.

Business globalisation and migration around India and across the globe has resulted in globalization of personal laws. This gives rise to complex issues. In certain cases of succession, the suit properties are situated in multi jurisdictions. Therefore, the courts are required to implement the laws of the home country regardless of the local laws of the nation where they were born or have been residing.

The Firm also offers lawful support in the following matters:

• Negotiation of matters related to partition
• Mediating in the matters of partition
• Property valuation
• Partition deed registration
• Litigation related to the above mentioned matters

Business Set up in India

The following succession laws in India will rule the succession procedures for cases that involve partition of the properties situated in India and the deceased individual had not domiciled to an overseas nation:

• Hindu Minority and Guardianship Act
• Hindu Law
• Special Marriage Act
• Indian Succession Act
• Muslim Personal Law

In the event where the deceased individual died intestate (without leaving a will or settlement) and had moved to a foreign country (except India), then the laws of the nation to which he/she moved to, will be valid to bring to succession proceedings a close.

Indian courts are familiar with foreign succession rules and therefore know about the proceedings related to probate carried out in foreign courts. However, it is crucial to get a succession certificate from the suitable court with reference to a movable or immovable property located in India.

For cases where a will has not been prepared, the succession certificate can make for an appropriate solution to officially transfer the immovable properties as well as movable properties to the legal heir (s) name (s).

With cases where bank deposits are the area under discussion of partition, Banks will ask for a succession certificate supporting the legal heirs. The certificate should be issued by an appropriate court so as to release the funds, specifically if the deceased did not list a nominee in the bank deposits.

The Succession Certificate

This certificate can be issued under the S.123 of the ‘Indian Succession Act’ supporting legal heirs. The court having relevant Jurisdiction on the legal heirs can issue the certificate. The entire procedure of acquiring a succession certificate through court will take about a year provided all the requisite documents are produced in conjunction with the application.

In the event where legal heirs choose to challenge the case, the proceedings of the court may delay.

For suit properties located in diverse jurisdictions, the court that holds jurisdiction over the major segment of the suit properties will have the jurisdiction for certificate issuance. Hence,  the parties may not require approaching different courts just to acquire succession certificates.

Wills and Probate Cases

According to the Indian laws, a will can be announced as a title deed if all of the following are applicable:

• The will is attested by two witnesses

And

• None of the legal heir holds objection to the contents

And

• None of the legal heir holds objection to the existence of the will

Therefore it is an adequate proof to transfer the properties into the legal heirs names, as mentioned in the will. However, in the cases where objection is raised for the will by legal heir (s) or a third party applicant, the will should be probated or a succession certificate should be produced by the parties from an appropriate court.

Special Services for International Clients

Our associate holds efficacy and experience of over 15 years of experience in handling succession cases across India and in foreign countries. The associate has also handled succession related matters for our customers from over 30 nations.

The Firm and its panel of lawyers are equipped with requisite experience and appropriate network to handle matters associated to successions across the nation and overseas. The Firm also ensures participation of local lawyers in all Jurisdictions. This ensures cost effective and faster process. The Firm has recruited civil law experts holding over two decades of practice experience. Hence, it guarantees premium quality services to the clients all around India and countries abroad.