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EXPERIENCE
2023-04-15T16:09:23
Advocate Satish S Rao
EXPERIENCED ADVOCATE FOR DOCUMENTATION AT AFFORDABLE AND REASONABLE RATES IN ANDHERI EAST NEAR METROPOLITAN MAGISTRATE COURT WHAT IS  A DOCUMENT? Document is a deed, writing, inscription that furnishes evidence. As per Section 3 of the Indian Evidence Act 1872, 'a document shall  include any matter written, expressed or described upon any substance by means of letters, figures or marks or by more than one of those means, which is intended to be used, or which may be used for the purpose of recording the same'.  Indian Penal Code provides for the same definition. Documents are the establishment whereupon the superstructure of a legal/contractual relationship is assembled. Documents are of extraordinary significance as they assume the character of essential evidence in deciding the rights and obligations of the respective parties in the everyday lead of the record as well as when dispute arises between them. . WHAT IS THE PURPOSE OF A LEGAL DOCUMENT A legal document, whether it is a contract, written statement, or an affidavit, serves two purposes-  informing and engaging both the client, a counterparty and even the court about the legal issue .   THE IMPORTANCE OF DOCUMENTATTION(I.E.WHY SHOULD YOU CARE ABOUT THIS?) We get it. You are busy, which means recording things like decisions, statuses, and steps for handling repetitive tasks probably doesn’t rank near the top of your to-do list. Here are a few key benefits you can share to illustrate why documentation should be a priority moving forward. 1. A single source of truth saves time and energy Estimates state that the average knowledge worker spends about two and a half hours per day searching for the information they need. Effective documentation collects all of the must-know information about a task, project, or team (from account logins to step-by-step instructions) in a centralized, organized place. No more digging through email or downloaded files for the latest information. 2. Documentation is essential to quality and process control There’s more than one way to get things done, and you want to give your team the flexibility to approach their work in a way that suits them best. But, at the same time, you want to ensure consistent results – especially when it comes to things that you’re producing on a regular basis. There needs to be some level of cohesion so that you don’t look sloppy or uninformed. Documentation encourages knowledge sharing, which empowers your team to understand how processes work and what finished projects typically look like. 3. Documentation cuts down duplicative work How many times have you started a new project only to find out it had been done before? Companies that use documentation to catalog past projects, collect research, and share decisions benefit by reducing re-work that wastes precious time you could be using elsewhere. 4. It makes hiring and onboarding so much easier It’s tough to think about anybody leaving, but the reality of business is that your team won’t stay the same forever. People will hit the road and you’ll bring some new people into the fold. If you prioritize documentation, they’ll have all sorts of helpful guides, directions, and notes that they can refer to as they get up to speed in their new roles. Plus, they can use those resources to answer their questions and start to figure things out independently, rather than feeling like they need to ping someone on your team with every single question or sticking point. 5. A single source of truth makes everyone smarter At work, we tend to treat our knowledge as currency. If we’re the person with all of the answers, it provides us a sense of security, as if we’re the most irreplaceable person on our team. We assume that sharing our expertise will make us less valuable. WHO CAN DO DOCUMENTATION An Advocate  creates contracts, agreements, memoranda, and other documents that need legal terminology. They may write for legal firms, law firm websites, or work as a freelancer to build a legal background. An Advocate does research, drafts, and edit content for and about the legal industry.   WHAT LEGALSERVICES UNDER DOCUMENTATION: Assisting  to document for various legal matters. Assisting in property document registration with the Sub-Registrar of Assurances. Assisting in adjudicating stamp duty on various documents.   WHAT ARE COMMERCIAL LEGAL SERVICES :   UNDER LABOUR LAWS: Assisting in preparation of various documents like: Employment Agreement Secondment Agreement Service Agreement Consultancy Agreement . UNDER COMMERCIAL LAWS; Assisting in preparation of various commercial agreements like: Shareholders’ Agreement Share Purchase Agreement Memorandum of Understanding Loan Agreement Investment Agreement Joint Venture Agreement Business Transfer Agreement Non-Disclosure Agreement Agency Agreements Franchise Agreement Media/Event Management Agreements Partnership Deed Power of Attorney Affidavits/Undertakings Consent Deed Gift Deed Will   UNDER PROPERTY LAWS; Assisting in preparation of various property documents like: Sale Agreement Agreement to Sell Conveyance Deed Deed of Assignment Memorandum of Understanding Leave & License Agreement Lease Agreements Security Deposit Agreement Furniture and Fixtures Agreement   HOW WOULD IT BE DONE  : 1: Through physical meeting. 2: Through online video conferencing.    HOW MUCH DOES IT COST Drafting fee would vary from document-to-document base on time utilized and complexity of the document. However it would cost effective from the client’s perspective.   HOW LONG DOES IT TAKE Generally we would go by the client timelines.   #Documentation #Will#Gift Deed#Consent Terms#Term sheet#Agreements #Court appearances#Corporate Advisory Services#Retainers#Family settlement#Power of Attorney #Sale Deed #Return of stolen property through court#Individual Loan Agreement  
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2024-10-28T04:25:37
Advocate Satish S Rao
WHAT IS A WILL?A will or testament is a legal document by which a person, the testator, expresses their wishes as to how their property is to be distributed at death, and names one or more persons, the executor, to manage the estate until its final distribution.As per Section 2(h) of Indian Succession Act, 1925 provides that Will means the legal declaration of the intention of a person with respect to his property, which he desires to take effect after his death Will has been defined in Corpus Juris Secundum as A ‘Will’ is the legal declaration of a man’s intention, which he wills to be performed after his death, or an instrument by which a person makes a disposition of his property to take effect after his death.WHY DO YOU NEED A WILL?Four reasons why you need a will: A will makes it much easier for your family or friends to sort everything out when you die – without a will the process can be more time consuming and stressful. If you don’t write a will, everything you own will be shared out in a standard way defined by the law – which isn’t always the way you might want.  A will can help reduce the amount of Tax that might be payable on the value of the property and money you leave behind.  Writing a will is especially important if you have children or other family, who depend on you financially, or if you want to leave something to people outside your immediate family.
WHAT IS A WILL? A will or testament is a legal document by which a person, the testator, expresses their wishes as to how their property is to be distributed at death, and names one or more persons, the executo...
2024-10-28T04:25:37 read more
2024-10-28T04:21:28
Advocate Satish S Rao
IS PROBATE MANDATORY :A probate is mandatory only if the Will or codicil has been made in any of the three Presidency towns i.e., Kolkata, and the municipal limits of metro cities of Chennai and Mumbai, or, if the immovable property is situated therein. Else, a probate is optional. However, there is no restriction in law to get a probate of a Will, even if it is not mandatory.THE PROCESS TO GET PROBATE OF A WILL :1. As a first step, the administrator or executor appointed by the testator under the Will must approach the court with the application to receive the probate. While it is a common practice to appoint friends and family as the executors of the Will, as people may naturally trust them more, but there have been an increase in professional executorship, where a trained professional may take care of the administrative difficulties of getting a probate. However, in the absence of the executor being named in the Will, the legatees or the beneficiaries under the Will could also seek probate of the Will.2. In the application for a probate, the executors need to establish the following:a. Facts of death of the testator with proof, which is generally done with the help of a death certificate issued by the local authorities. b. The Will produced before the court is the last Will of the testator. c. The submitted Will was validly executed by the testator. 3. Once the application is submitted to the court, the court issues the notice to the next of kin to file their consent for the grant of probate, and the public at large to file objections to the grant of probate in favour of the executor named in the Will. 4. If objections are filed – called as “caveat application” – against the validity of the Will and grant of probate, both parties have to lead evidence for and against the grant of probate, and the case is decided accordingly. 5. There could also arise grounds challenging the validity of Will or grant of probate. The common grounds for challenging a Will are fraud, coercion, undue influence, suspicious nature, lack of due execution, lack of testamentary intention, lack of testamentary capacity, lack of knowledge, and forgery. 6. Since the probate is granted by a high court, one has to pay a court fee, based on the value of the assets, which are subject matter of the petition. The court fee varies from state to state. In the state of Maharashtra, depending on the slabs, it is subject to a maximum of Rs. 75, 000 while in Chennai, the maximum slab is Rs. 25, 000. If it is found that granting the probate would do justice to the intention of the testator, then the probate is granted to the executor under the seal of the competent court. This ensures the due execution of the Will, which to a great extent reduces the discrepancies and suspicions associated with a Will. A probate cannot be granted to any person who is a minor or is of unsound mind, nor to any association of individuals.FEES / COST OF PROBATE OF A WILL?:For probate of will in Maharashtra you have to pay 5 percent of the assets which are claimed in WILL, as court fees for probate of will in Mumbai. Probate fees in Mumbai and rest of Maharashtra is same. However, the said fees are also subject to a ceiling of Rs. 75, 000/-.legal charges will be Rs50, 000 to Rs1. 50 lakhs depending upon the advocate and complications involved in your probate work.WHAT IS THE TIME LIMIT FOR PROBATE OF A WILL?Typically, there is no time limit to probate a will. However, in one case, the SC has stated that 30 years from knowledge of existence will. A probate for a will is required to be obtained only under circumstances ... limits, in so far as they relate to immovable property situate within those limits.
IS PROBATE MANDATORY : A probate is mandatory only if the Will or codicil has been made in any of the three Presidency towns i.e., Kolkata, and the municipal limits of metro cities of Chennai and Mumbai, or, if...
2024-10-28T04:21:28 read more
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