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2024-04-06T07:17:08
Advocate Satish S Rao
EXPERIENCED ADVOCATE FOR RETAINERSHIP AT AFFORDABLE AND REASONABLE RATES IN ANDHERI EAST NEAR METROPOLITAN MAGISTRATE COURT CAN A LAWYER BE A RETAINER?To have a lawyer on retainer means that you – the client – pay a lawyer a small amount on a regular basis. In return, the lawyer performs specific legal services whenever you need them.WHAT IS RETAINER PAID FOR?A retainer fee is an amount of money paid upfront to secure the services of a consultant, freelancer, lawyer, or other professional. A retainer fee is most commonly paid to individual third parties that have been engaged by the payer to perform a specific action on their behalf.WHAT IS LEGAL RETAINER IN INDIA?A legal retainer agreement is an agreement with a law firm or an individual practitioner to keep a law firm or solicitor on hand for all your legal needs. The sum paid towards a legal retainer can either be a monthly or quarterly recurring payment which provides for an all-inclusive service as enumerated in the terms of the retainer-ship agreement, which can be worded based on the legal requirement of an organization.WHAT IS THE PURPOSE OF A RETAINER?Briefly, a retainer’s aim is to provide a client access to your service on an ongoing basis. In doing so, a retainer contract offers clients an opportunity to avail services valuable to their business regularly.In certain cases, retainer service providers also offer discounted pricing to their clients for the regular work that they agree to. The exact, however, depends on the type of retainer you offer.BENEFITS OF ENTERING INTO LEGAL RETAINERSHIP AGREEMENT:Accessibility – One of the benefits of legal retainer-ship is that the legal services will be readily accessible as and when a situation for reliable legal advice or representation arises. For business owners, retainer-ship is especially important in these tough times, as every organization may have to deal with a range of legal requirements under varying laws, from employment laws to data protection legislation, legal compliances of government norms, new legislations, regulations, guidelines, fiscal/ tax matters etc.Better service – when an organization hires an outside solicitor, the chances are that the result may not be as per the expectations of the organization. However, a specialized team working closely on retainer-ship has more in-depth understanding of the business and the interconnected challenges, risk exposures connected with the business etc., thereby enabling the business to thrive with considerable comfort knowing that the services would be personalized and well suited to all its requirements.Economical and affordable – with a specialized team, one can comfortably get the legal guidance needed, without worrying about the cost of each phone call/email or consultation, especially at this moment when there is so much turbulence in the economy. Having retainers on call, can also help prevent costly and time-consuming legal disputes, and avoid civil or criminal liabilities in the long run.Reliability – with a specialized team on board, clients and business will always be updated with the new legal requirements and any legal advice would be backed up by reliable and trustworthy professional suggestions. tools to give you peace of mind, unavailable to an in-house legal team.WHAT ARE THE TASK, ACTIVITIES, SERVIcES WHICH FORM A PART OF THE RETAINER AGREEMENT?1) Provide consultations, advices and opinion (Oral & Written) on all sort of affairs having legal implications as and when required/demanded by the Clients.2) Settling of letters/ reply having legal implications on the matters related to the Client’s business.3)Vetting of pleadings, counter affidavits, replies etc. to be filed by clients in the litigation cases before various judicial forum as and when required. 4) Rendering the legal advice in respect of further course of action the litigation cases pending and/or disposed off by the various Judicial forum 5) Briefing and attending the meeting with the counsels nominated in the litigation cases including the Arbitration proceedings pertaining to the clients.6) Vetting of all types of Agreements/ MOU’s/ Tender Notices/Show Cause Notices/ Order to the clients.7) Briefing the counsels nominated in the litigation cases pertaining to the clients.8) Vetting the drafts of sublease agreements and render the advice in case of any modification in the point of legal implications. 9) Attend the meeting called for by the clients with third parties on the issues having legal implication.10) Advisory on corporate law and board related matters including agenda and minutes of board meetings or the committee thereof.11) Drafting and/ or vetting of policies relating different functions of the Company10) Any other work of legal nature assigned from time to time mutually agreed upon. WHAT IS THE DIFFERENCE BETWEEN A RETAIN AND A CONSULTANT? A retainer fee is a sum that a client pays to a consultant to secure their se

EXPERIENCED ADVOCATE FOR RETAINERSHIP AT AFFORDABLE AND REASONABLE RATES IN ANDHERI EAST NEAR METROPOLITAN MAGISTRATE COURT CAN A LAWYER BE A RETAINER? To have a lawyer on retainer means that you – the client – pay a lawyer a small amount on a regular basis. In return, the lawyer performs specific legal services whenever you need them .WHAT IS RETAINER PAID FOR? A retainer fee is an amount of money paid upfront to secure the services of a consultant, freelancer, lawyer, or other professional. A retainer fee is most commonly paid to individual third parties that have been engaged by the payer to perform a specific action on their behalf. WHAT IS LEGAL RETAINER IN INDIA? A legal retainer agreement is an agreement with a law firm or an individual practitioner to keep a law firm or solicitor on hand for all your legal needs. The sum paid towards a legal retainer can either be a monthly or quarterly recurring payment which provides for an all-inclusive service as enumerated in the terms of the retainer-ship agreement, which can be worded based on the legal requirement of an organization. WHAT IS THE PURPOSE OF A RETAINER? Briefly, a retainer’s aim is to provide a client access to your service on an ongoing basis. In doing so, a retainer contract offers clients an opportunity to avail services valuable to their business regularly. In certain cases, retainer service providers also offer discounted pricing to their clients for the regular work that they agree to. The exact, however, depends on the type of retainer you offer. BENEFITS OF ENTERING INTO LEGAL RETAINERSHIP AGREEMENT: Accessibility – One of the benefits of legal retainer-ship is that the legal services will be readily accessible as and when a situation for reliable legal advice or representation arises. For business owners, retainer-ship is especially important in these tough times, as every organization may have to deal with a range of legal requirements under varying laws, from employment laws to data protection legislation, legal compliances of government norms, new legislations, regulations, guidelines, fiscal/ tax matters etc. Better service – when an organization hires an outside solicitor, the chances are that the result may not be as per the expectations of the organization. However, a specialized team working closely on retainer-ship has more in-depth understanding of the business and the interconnected challenges, risk exposures connected with the business etc., thereby enabling the business to thrive with considerable comfort knowing that the services would be personalized and well suited to all its requirements. Economical and affordable – with a specialized team, one can comfortably get the legal guidance needed, without worrying about the cost of each phone call/email or consultation, especially at this moment when there is so much turbulence in the economy. Having retainers on call, can also help prevent costly and time-consuming legal disputes, and avoid civil or criminal liabilities in the long run. Reliability – with a specialized team on board, clients and business will always be updated with the new legal requirements and any legal advice would be backed up by reliable and trustworthy professional suggestions. tools to give you peace of mind, unavailable to an in-house legal team. WHAT ARE THE TASK, ACTIVITIES, SERVIcES WHICH FORM A PART OF THE RETAINER AGREEMENT? 1) Provide consultations, advices and opinion (Oral & Written) on all sort of affairs having legal implications as and when required/demanded by the Clients. 2) Settling of letters/ reply having legal implications on the matters related to the Client’s business. 3)Vetting of pleadings, counter affidavits, replies etc. to be filed by clients in the litigation cases before various judicial forum as and when required. 4) Rendering the legal advice in respect of further course of action the litigation cases pending and/or disposed off by the various Judicial forum 5) Briefing and attending the meeting with the counsels nominated in the litigation cases including the Arbitration proceedings pertaining to the clients. 6) Vetting of all types of Agreements/ MOU’s/ Tender Notices/Show Cause Notices/ Order to the clients. 7) Briefing the counsels nominated in the litigation cases pertaining to the clients. 8) Vetting the drafts of sublease agreements and render the advice in case of any modification in the point of legal implications. 9) Attend the meeting called for by the clients with third parties on the issues having legal implication. 10) Advisory on corporate law and board related matters including agenda and minutes of board meetings or the committee thereof. 11) Drafting and/ or vetting of policies relating different functions of the Company 10) Any other work of legal nature assigned from time to time mutually agreed upon. WHAT IS THE DIFFERENCE BETWEEN A RETAIN AND A CONSULTANT? A retainer fee is a sum that a client pays to a consultant to secure their se

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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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