LawConcern.com - LAWYERS- Real Estate, Divorce and Corporate, Chennai- India 

LAWCONCERN.COM - LAW OFFICE OF Mr. Seshadri Srinivasan Esq.,

Our Services: Property (Real Estate) Law:

Help you Purchase or sell Property – Commercial and Residential/ Rent out or Rent in /Vacate Tenant of your property.

Help you with Property Management like collection of rent and payment of statutory dues and property litigation.

Scope of Our Services include: Title Opinion, Agreement to Sell (Term Sheet), Sale Deed and Registrations thereof. Mortgages, Power of Attorney, Joint Venture for Development, Stamp Act Compliance and Tax Planning, Mortgage, Lease, Rental Laws and litigations.  Layout Approval, Change of Use for Land, Building Plan Approval etc. Coordination for mutation of Land records and change of user of land. Disputes/ tax plan for real estate transactions under, civil disputes, Stamp Act – Tax Planning, Income Tax etc. Handling Consumer / Civil/ Criminal Disputes for consumers. We are Expert in Purchase of Auction Properties by Debts Recovery Tribunals/ Courts/ Authorized Officers/ Official Assignee/Housing-Boards/Other-Authorities. We also handle succession issues.

Our Focus: (NRI)-Non Resident Indians, Indians and Foreigners having /wanting property in India. We specialize in repatriation of proceeds on sale of your property in India.

Our Services: Divorce Law:

Help you register marriage in India. Marriage under Hindu Law and Inter-religious marriages can both be registered under law.

Help you Divorce. We focus specifically on (NRI)-Non Resident Indians Divorces. It is possible under law to obtain Divorce from Indian Courts without personal attendance in special cases.

We also specialize in legally valid mail divorces for Non Resident Indians (NRI) and Resident-Indians. Legal Opinion and the process would be explained on your enquiry by email.

Our Services: Corporate Law:

Company Incorporation/ ARBITRATION/ Legal Due Diligence for Merger- Pre IPO/ Litiagtion under Takeover Code / DOMAIN NAME DUE DILIGENCE- AND DOMAIN NAME DISPUTE LAWYERS/ARBITRATOR LAWYERS.

Help you incorporate Companies and other forms of business in India such as Partnership ( Limited Liability Partnership Bill is not yet passed in India), Trust, Not for Profit Companies etc..  and help you in obtaining statutory clearances for commencement of business.

Legal Due Diligence for Takeover of Companies and Pre- IPO.

Corporate Litigation:

Successfully handled many takeover issues including the indirect takeover of Vanavil Dyes and Chemicals Limited etc under the SEBI Takeover Code, That is the Securities and Exchange Board of India ( Substantial Acquisition of Shares and Takeovers) regulations 1997. Handling many such direct and indirect acquisition matters and litigations.

Handled merger litigation and consumer litigation.

FREQUENTLY ASKED QUESTIONS ON PROPERTY AND DIVORCE LAW

1.      What are the safeguards one must take before purchasing commercial or residential property?

The primary objective is to ensure by a Title Opinion from a Qualified Lawyer that the Seller has a legal title to sell the property. If purchase is from a Promoter of Apartments or Commercial Premises then in addition to seller’s valid title check, it must be also ensured that the land is approved and the construction thereon also is approved by appropriate authorities.

The Sale Deed SHOULD be made or approved by purchaser’s lawyer to ensure that there are no loopholes. This is recommended even if the seller is a reputed organization promoting residential/ commercial properties.

Lawyer check on Agreement to Sell, that is a promise to sell the property at a future date from an individual seller or from a promoter constructing the building is necessary for ensuring your rights and particularly your advance payment before the promised date of sale are well protected. Most Consumers–purchasers fail to get a Lawyer Check trusting the promoter or their lawyer resulting in loss of their advance moneys.

2.      Can a foreigner or a Non resident Indian purchase or rent property in India? Can they sell a property they purchased or inherited in India and repatriate the sale money?

For purchase of property in India, for Non Resident Indians and Non – citizen but Person of Indian Origin purchasers there are lighter controls. While foreigners have to observe Foreign Exchange Management Act and other regulations imposed by Reserve Bank of India for purchase of property in India. Any sale proceeds of property in India would also be subjected to law for repatriation purposes.

3.  Why marriage should be registered in India? Can inter-religious marriage be performed in India legally?

Marriage, whether under customary rites under Hindu Law or Muslim Law etc may be registered for proof of marriage which is important for property disputes between spouses, children’s inheritance and maintenance /alimony issues. Inter- religious marriage: It is possible for religious conversion and marriage under customary law and optional registration of such marriages OR spouses can marry under the Special Marriage Act without converting their religions.

4. Marriage was performed in India and both spouse live abroad as Non resident Indians or one of them is a non – citizen of India. Does divorce have to be done only in Indian Court?

As per the judgment of the Supreme Court of India, -See- Y.Narasimha Rao & others – Vs- Y. Venkata Lakshmi… II ( 1991) DMC 366 (SC), a valid divorce of a Hindu Marriage can be made only in Indian Court or by a foreign court CONFORMING to the Hindu Law and Indian Law.  So consult an Indian Divorce Lawyer if you married in India and want a divorce, whether you are a citizen/ resident of another country.

5. What are the grounds of Divorce available under Hindu Law? Can I and my Spouse Divorce by Mutual Consent?

Some of the grounds for seeking divorce are: The marriage was not consummated owing to impotence of the spouse, or the spouse is previously legally married to another, the bridegroom was less than 21 years of age or the bride was less than 18 years of age,

Guilty of Adultery, Guilty of Cruelty – mental or physical, or has deserted the petitioner for more than 2 years or not known to be alive for more than 7 years etc.

Mutual Consent divorce is possible without stating any other reason for seeking divorce. Minimum one year should have lapsed from date of marriage and spouses have lived separately for more than a year (This condition is exempt in exceptional cases) and are not able to live together and have mutually agreed to divorce. The Court will not earlier than 6 months but not later than 18 months from date of petition would grant the divorce.

6. What happens to dowry property/ joint property purchased with both spouses income? Also what happens if one spouse is financially dependent and to children out of wedlock?

Dowry taking is a crime and criminal action can be taken for recovery of dowry property. Joint property purchased on both spouses income can be divided or otherwise sold etc by Court. Financially dependent spouse is entitled to maintenance and so are children born out of wedlock until their age of majority for their living expenses, education and also marriage expense for female children.  The maintenance can be a monthly sum or a single lump sum.

7. Is it possible for a Divorce in Indian Court without attending the case personally? Is it possible for a legally valid mail divorce without going to Indian Court?

In a case recently, one of the spouse residing abroad attended the court session by video- conferencing. So in special cases if permitted by Courts, getting a divorce without personal attendance in India before the Court if such visit would cause disruption to career and money expenses etc

It is possible for an Indian Law Valid - Legal Divorce without filing a case before a Court and this is based on facts of the case. Though the process is not a MAIL DIVORCE, it can be accomplished without personal visits to India YET conferring the legal decree status on such divorce. For solutions, write to helpdesk@lawconcern.com or madraslawyer@yahoo.co.in.

WWW. LAWCONCERN.COM

THE LAW OFFICE OF Mr. Srinivasan Seshadri.

Mr.Srinivasan Seshadri is a University Topper Lawyer and Winner of 5 Gold Medals and 2 Prizes from the University of Madras in Law Degree Examinations with 18 years of Post Qualification Experience having worked as “ in house” lawyer for BPL, WIPRO,HCL, VA TECH, DLF etc besides practice in the High Court of Madras and other Courts and Tribunals. He is also author of Law books on Domain Name Disputes( Covering Federal Law of US, UK, India,Canada, Australia etc) and Indian- Arbitration, Hire Purchase and Lease law.

7A, Queen’s Court, 130, Montieth Road,

Egmore, Chennai 600008. India.

Phones: 28515229 / 98403 20808

Emails:helpdesk@lawconcern.com / madraslawyer@yahoo.co.in