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How to have a tenant vacate premises by sending a Legal Notice

Avik Chakravorty

If one were to own extra houses and earn rental income out of those houses then its regarded as a source of passive income. Nonetheless, if right steps aren’t taken, this passive income source may turn out to be nightmarish and more so if one had to deal with careless tenants.  Legal notice of vacating the premises from the landlord to the tenant is presumed as an opportunity of eviction of the tenant followed by the tenant looking for a new place to stay. Notice to the tenant for vacating is a circumstance where a tenant gets a reasonable time to vacate the place on rent and look for a new one.  Why send notice to vacate premises?  An eviction notice in India is a formal intimation to the tenant. For the tenant to vacate the rented property, a legal notice is essential. The situation gets worse for a landlord in any tenancy if the tenant deliberately or is intent on stubbornly holding on to his/her ground and staying put. Tenants of the type create Read More

A step-by-step guide for legal recourse when Cheque is Dishonored

Avik Chakravorty

|A Cheque is a mode of payment that is widely used for transactions including loan re-payment, payment of salary, bills, fees, and so on. Banks on a daily basis process and clear the vast majority of cheques. Issuing cheques are essentially proof of payment. However, cheques undeniably are a reliable mode of payment for most people. Conversely, issuing crossed “Account Payee Only” the cheque is advisable and indeed recommended so that the cheque is not misused in any way, shape or form.  A cheque basically is a negotiable instrument and they are of two types including Crossed and Account payee cheques which are non-negotiable by any person excepting the payee. The issued cheques have to be deposited into the bank account of the payee.    The legal definition of the author of the cheque is ‘drawer’ and the cheque is drawn in favor of the ‘drawee’ and the paying bank is typically known as the ‘payee’. Cheque bounce cases in recent times are quite Read More

E-signing is the tip of the iceberg: Smart E-Contracts wins over Regular Contracts

Avik Chakravorty

It’s a frustrating experience for anyone waiting for follow up after a proposal for a contract has been sent to a client and what may seem like an eternity is, in fact, a protracted timescale for the client to respond. Sending a contract to a client is a harrowing experience that entails following up with clients to ensure they receive, read, agree, sign and send the contract back signed and sealed. After the vendor gets the signed contract back from the client there are a few internal formalities including obtaining internal approvals that the vendor has to follow or comply with and then the signed and sealed contract can be filed away in a safe and secure place. The entire process may take several weeks to conclude.   The entire process is time-consuming and that time could be dedicated to pursuing and closing newer business deals. The control over the contract workflow beginning with drafting and finalizing the proposal to signing the contract can be done in no time at Read More

What is Administrative Law?

Avik Chakravorty

The body of law and legal work that deals with government agencies is in essence, Administrative Law. Government agencies are created by Lawmakers so that these agencies, in turn, can create and implement fair and just laws enforcing regulations on all aspects of government functions.   Administrative law is a diverse area of law  Broadly administrative law is a comprehensive term inclusive of varied law categories. A lawyer practicing administrative law may never be in a courtroom. Conversely, an administrative lawyer of another type might be filing legal documents and arguing with judges in a formal backdrop for the most part. There are administrative lawyers interacting with people a lot while drafting documents is what yet another type of administrative lawyers do for the most part. The only criterion is the administrative lawyer actually doing government work or working with the regulations of the government.  Who practices administrative Read More

Why Advertising their services is a no-no for Lawyers

Avik Chakravorty

In a public notice, the Bar Council of Delhi recently announced that recalcitrant lawyers violating the rules and regulations of the Bar Council would face prosecution under the Advocates Act, 1961. The Bar Council of Delhi publicly announced that notices of misconduct were issued to lawyers found to have published social media advertisements inclusive of Facebook and WhatsApp. The notice mentioned that lawyers violating or flouting Bar Council rules would face prosecution under the provisions of The Advocates Act, 1961.  What is the problem with lawyers advertising their services?  According to the rules and regulations in India, advocates are disallowed by publicizing their services. The Advocates Act, 1961’s subsection 1(c) of Section 49 of General power of the Bar Council of India authorized to make rules also empowers the Bar Council of India to create and implement Rules on the standard of professional conduct and etiquette that advocates ought to follow and Read More

How Tourist Visa Can Be Converted to X/Entry Visa

Avik Chakravorty

If a foreigner is married to someone whose domicile is in India one cannot apply for a spouse visa as there isn’t any scope to avail the visa. The question then arises as to how a foreigner spouse can enter India.   The visa category for Indian citizens with foreigner spouses is an X visa which is essentially entry visa exclusively for taking up residence in India. The X visa is not in lieu of a work permit and one is barred from working with an X Visa and if one does work then one would be violating the law and working illegally.  Those visiting India along with their spouse on a tourist visa, it is convertible into X visa or Entry visa so as to remain in the country for longer timescale. The X-visa is for individuals accompanied by their spouse visiting India on the student, employment or any other type of visa for the long term. If one is in India already and intends on transforming one’s visa from tourist to Entry, then, in that case, one most definitely can Read More

Daughter's claim on father's property When she can and can't

Avik Chakravorty

Young spouses with minimal education or earning capacity are destined to be harassed by the husband as well as the husband’s family.   To exacerbate matters, one’s parents may not be very keen on providing support to their child besides the siblings may not be too keen on sharing the ancestral property. In such a situation what would one do is the moot point.    Financial dependence, whether on the father, brothers or husband, has been the root cause of women being subservient historically. It was with the notion of creating a level playing field that fueled the Hindu Succession Act 1956 amended in 2005, permitting the daughter’s equal share in ancestral property. Notwithstanding the Succession Act 1956, the real question is whether one’s father can deprive his son or daughter of their rightful claim in the property or not.    If the property is ancestral   According to Hindu law, there are two types of property; ancestral Read More

Uniform code needed for Adoption Laws in India

Avik Chakravorty

  If one is compassionate enough to adopt a child one must be fearless. In other words, fear of adoption cannot be a hindrance to actually going ahead and adopting a child.  The Hindu religion believes that a biological offspring alone is the legitimate natural child and the second child is the adopted child which is deemed wrong. Besides, the myth that prevails in society is that people are inclined to believe that a boy is preferred more than a girl.   CHANGES OF ADOPTION IN 19TH CENTURY  In the 1950s, there were agencies easing the adoption process as at the time child adoption was a long drawn and arduous process taking anywhere between 3 and 5 years. Children were discriminated against because of the color of their skin. Subsequently, all of these things altered as many white parents began adopting black kids and gradually the adoption process accelerated.  CHILD ADOPTION LAWS IN INDIA  Hindu Adoption and Maintenance Act, 1956 Read More

When Can A Muslim Wife File A Suit For Judicial Divorce?

Avik Chakravorty

All Muslim marriages must be in compliance with Muslim personal law. The original concept of Divorce has undergone sea changes after the Dissolution of Muslim Marriage Act, 1939 was enacted. Conforming to this Act the concept of judicial divorce emerged in the context of Muslim marriages empowering women to file for divorce which previously was solely the prerogative of Muslim men in a male-dominated society.  Lawyer’s definition of judicial divorce is essentially taking legal action to put an end to the matrimonial bonding between partners. According to Muslim Personal law the husband is empowered in whimsically divorcing his wife. Conversely, a Muslim wife isn’t equally empowered to file for divorce nonetheless she can get divorced on the basis of Khula akin to mutual consent divorce.   As far back as in the year 1939 the concept of judicial divorce emerged as the Dissolution of Muslim Marriage Act, 1939 was enacted. With the passing of this Act, the Read More

Essentials of Adoption under Hindu Adoption and Maintenance Act, 1956

Avik Chakravorty

Chapter II of the Hindu Adoption and Maintenance Act, 1956 is empowering for any couple seeking to adopt a child. Adoption in layman's terms refers to the creation of a parent-child relationship which is non-existent through the natural process.  In the olden days, adoption amongst Hindus was considered as an alternative to the lack of a male offspring. Previously there wasn’t any adoption law as such but the Hindu Adoption and Maintenance Act, 1956 validates the law in regards to adoption and maintenance. Knowledge is lacking in regards to laws thoroughly detailing adoption procedures and seeking online legal advice for gaining knowledge in regards to the procedure and ensuring that the adoption is indeed valid.  Any Hindu male is eligible to adopt a male or a female child provided the child isn’t a minor or is not of an unsound mind. If the husband has a wife who is alive then, in that case, the male would qualify to adopt a child. Nonetheless, the wife’s Read More

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