# VIVS Legal: full text of the main pages > Law firm in Navi Mumbai for real estate, BFSI and corporate law: property disputes, title search, SARFAESI and DRT recovery, MACT claims, divorce and NRI legal services across India. - Founded: 2010. Office: Office 219, Haware Intelligentia Park, Plot No. 33, Sector-24, Sanpada-Turbhe Road, Navi Mumbai 400783. - Phone: +91 8291849797, +91 9167710454. Email: info@vivs.in. Hours: Monday to Saturday, 9:00 AM to 6:00 PM. - Advocates: Adv. Swanand Pandit (BLS, LL.B, LL.M, PGDBM, JAIIB; https://swanandpandit.com/); Adv. Ashok Ingle (B.A. LL.B). - Every page, including city, country and article pages, is listed in https://vivs.in/llms.txt. --- ## Legal services in India from a law firm in Navi Mumbai URL: https://vivs.in/ VIVS Legal is a law firm in Navi Mumbai providing legal services in India since 2010: property, debt recovery, family and NRI work. Call +91 8291849797. VIVS Legal is a law firm in Navi Mumbai providing legal services in India since 2010. From our Sanpada office we handle property and title work, debt recovery, family, consumer and accident claims, wills and NRI matters, in person or by video call. ### Which legal services in India do we handle? Our legal services in India centre on matters where property, money and family meet. Most clients come to us with one of these. - Property. Title search before a purchase, agreements and sale deeds, society and redevelopment disputes, RERA complaints, and partition and possession suits. See our property lawyer services. - Banking and debt recovery. SARFAESI notices, Debts Recovery Tribunal and NCLT matters, and cheque bounce cases. See debt resolution and litigation. - Family. Mutual consent and contested divorce, maintenance and custody, including cases where a spouse lives abroad. See our divorce lawyer services. - Claims. Consumer complaints, rejected insurance claims and motor accident claims. - Succession. Wills, probate, trust deeds, and moving a flat or bank account into the heirs' names after a death. ### A law firm in Navi Mumbai, in person and online VIVS Legal is a law firm in Navi Mumbai with one office, in Sanpada. Clients from Mumbai, Thane and Navi Mumbai can meet an advocate there. Clients in other cities and abroad consult us by phone, WhatsApp or video call and send their papers by email. That is how our legal services in India reach clients outside Maharashtra. Advice, document review, drafting and filings that can be made online all work this way. If a matter needs a hearing in another city, we explain at the first consultation how appearances will be handled and what that costs, before you decide. ### How do we take on a new matter? - Tell us what happened. Call or WhatsApp us, and we say whether it is work we take on. - Send the papers. Email the agreement, notice, court papers or FIR, so that we read them before we advise. - Consultation. In the office or on video, we explain your options, the forum that will decide the matter, the papers still missing, the usual timeline and our fee. - Work begins. Once you instruct us, we draft, file and correspond, and report back after each hearing or step. ### Legal work for NRIs Most India-side work for an NRI can be done without travelling. You sign a power of attorney abroad and have it apostilled, or attested by the Indian mission where the country is not in the Apostille Convention. It is stamped in India within three months of arriving here, and your attorney then signs and registers documents for you. Property purchases must fit the FEMA Non-Debt Instruments Rules, 2019. Questions of foreign law need a lawyer licensed in that country, and we tell you when that is the case. More on our NRI legal services. ### Who are the advocates at VIVS Legal? The firm's advocates are Adv. Swanand Pandit (BLS, LL.B, LL.M, PGDBM, JAIIB), Advocate, High Court of Bombay, and Adv. Ashok Ingle (B.A. LL.B). We have practised since 2010 and have served 500+ clients. The office is at Office 219, Haware Intelligentia Park, Plot No. 33, Sector-24, Sanpada-Turbhe Road, Navi Mumbai 400783. It is open Monday to Saturday, 9 AM to 6 PM. Call +91 8291849797 or +91 9167710454, or write to info@vivs.in. To book a time, use our contact page. ### The main laws behind our work | Area | Main law | Where it is decided | | Property purchase and title | Transfer of Property Act, 1882; Registration Act, 1908 | Sub-registrar; civil courts for disputes. | | Builder delay and defects | Real Estate (Regulation and Development) Act, 2016 | MahaRERA in Maharashtra. | | Housing societies | Maharashtra Co-operative Societies Act, 1960 | Registrar of societies; Co-operative Court. | | Bank recovery | SARFAESI Act, 2002; Recovery of Debts and Bankruptcy Act, 1993 | Debts Recovery Tribunal. | | Insolvency | Insolvency and Bankruptcy Code, 2016 | National Company Law Tribunal. | | Cheque bounce | Section 138, Negotiable Instruments Act, 1881 | Magistrate's court. | | Divorce and maintenance | Hindu Marriage Act, 1955 and other personal laws; Section 144 of the Bharatiya Nagarik Suraksha Sanhita (earlier Section 125 CrPC) | Family Court. | | Consumer and insurance claims | Consumer Protection Act, 2019 | Consumer commissions; Insurance Ombudsman. | | Road accidents | Motor Vehicles Act, 1988 | Motor Accident Claims Tribunal. | | Wills and probate | Indian Succession Act, 1925 | Bombay High Court for Mumbai; district courts elsewhere. | ### Frequently asked questions **What legal services does VIVS Legal offer in India?** We advise and act in property matters (title search, sale and lease documents, society disputes, RERA complaints, partition and possession suits), bank and debt recovery cases under SARFAESI and before the DRT and NCLT, divorce and other family cases, consumer and insurance claims, motor accident claims, and wills, probate and trusts. We also handle the India side of these matters for NRIs through a power of attorney. **Where is your office, and can I meet an advocate in person?** Yes. Our only office is in Sanpada, Navi Mumbai, at Haware Intelligentia Park on the Sanpada-Turbhe Road. It is open Monday to Saturday from 9 AM to 6 PM. Clients from Mumbai, Thane and Navi Mumbai usually come in for the first meeting. Call +91 8291849797 before you come, so that an advocate is free to see you. **Do you take matters outside Mumbai and Navi Mumbai?** Yes, for work that can be done remotely: advice, document review, drafting agreements and notices, and filings that can be made online. Consultations are by phone, WhatsApp or video call. If your matter needs a hearing in another city, we explain at the first consultation how appearances will be handled and what that will cost, before you decide. **Can I get free legal advice in India?** Yes, if you are eligible for free legal aid under Section 12 of the Legal Services Authorities Act, 1987. That covers women and children, members of Scheduled Castes and Scheduled Tribes, persons with disabilities, industrial workmen, people in custody, victims of trafficking or disaster, and people whose income is below the limit the state has fixed. Apply to the District Legal Services Authority or the Taluka Legal Services Committee where you live. **What decides how much a lawyer costs in Mumbai?** Mainly the kind of work. Drafting and notices can be priced in advance: our legal notice drafting, for example, is from Rs 5,000. Court work depends on the forum, the number of hearings, how urgent the matter is and how many documents have to be read. We give you the fee for your matter at the consultation, before any work starts. **How can an NRI instruct you from abroad?** Start with a video call and send scanned papers by email. If someone has to sign or appear in India for you, you appoint that person by a power of attorney, signed abroad, apostilled or attested by the Indian mission, and stamped here after it arrives. We draft it to cover exactly the acts needed and nothing more, which protects you if your relationship with the attorney changes. **What should I send before the first consultation?** A short note of what happened, with dates, and copies of the main papers: the agreement or deed, any notice or letter you received, court papers or the FIR, and the names of the other parties. Send them to info@vivs.in or on WhatsApp. Reading them first lets us spend the consultation on your options rather than on collecting facts. **How should I choose a lawyer in Navi Mumbai for a family or property case?** Ask whether the advocate regularly handles that kind of case and in which court, who will actually attend the hearings, and what the fee covers. Check that the advocate is enrolled with the Bar Council of Maharashtra and Goa. Be wary of anyone who promises a particular result: no advocate can, and the Bar Council rules do not allow it. --- ## About VIVS Legal, a Navi Mumbai law firm since 2010 URL: https://vivs.in/about-vivs-legal-service/ VIVS Legal is a law firm in Sanpada, Navi Mumbai, in practice since 2010. Meet Adv. Swanand Pandit and Adv. Ashok Ingle and see how a matter runs with us. VIVS Legal is a law firm with one office, in Sanpada, Navi Mumbai, and has been in practice since 2010. Our advocates are Adv. Swanand Pandit (BLS, LL.B, LL.M, PGDBM, JAIIB), Advocate, High Court of Bombay, and Adv. Ashok Ingle (B.A. LL.B). Most of our work is property, banking and debt recovery, family law and matters for NRIs. Clients in Mumbai and Navi Mumbai meet us at the office. Clients elsewhere in India and abroad work with us by phone, WhatsApp, video call and email. ### VIVS Legal since 2010 The practice began in 2010. Over 15+ years it has settled around matters where law and money meet: buying, selling and inheriting property, loans that have gone wrong for the borrower or the lender, and family disputes in which a home or savings are at stake. In that time we have served 500+ clients, from first-time home buyers and families to companies and lenders. A good part of the work is what the industry calls BFSI: banking, financial services and insurance. For lenders that means title reports and asset verification before and after a loan, and recovery under the SARFAESI Act, 2002 or before the Debt Recovery Tribunal. For borrowers it means answering a demand notice and, where the bank has taken possession, an application to the DRT under Section 17 of that Act. For insurers it is the defence of motor accident claims, and for companies, investigations, AML advice and fraud risk work. Adv. Swanand Pandit's training fits that side of the practice. Besides his law degrees he holds JAIIB, the banking qualification of the Indian Institute of Banking and Finance, and a postgraduate diploma in business management. That helps when the paper on the desk is a sanction letter, a loan agreement or a possession notice rather than a sale deed. ### Who are the advocates at VIVS Legal? #### Adv. Swanand Pandit BLS, LL.B, LL.M, PGDBM, JAIIB. Advocate, High Court of Bombay. His qualifications span law (a Bachelor of Legal Science, an LL.B and a master's degree in law), management (PGDBM) and banking (JAIIB). Read his profile. #### Adv. Ashok Ingle B.A. LL.B. Adv. Ashok Ingle works with Adv. Pandit on the firm's matters from the Sanpada office. Read his profile. When you instruct us, we tell you which advocate is handling your matter and whom to call between dates. You will not be passed from desk to desk. ### What VIVS Legal works on #### Property Title search before you buy, agreements for sale and sale deeds, society and redevelopment disputes, RERA complaints, tenancy and partition. Start with our property lawyer services. #### Banking and debt recovery SARFAESI and DRT matters for lenders and borrowers, NCLT proceedings and cheque bounce cases under Section 138 of the Negotiable Instruments Act, 1881. See debt resolution and litigation. #### Divorce and family law Divorce by consent or on contested grounds, with the maintenance, custody and protection orders that often come with it, explained on our divorce lawyer India page. #### NRI matters Property and family work in India for clients who live abroad, run through video calls and a registered Power of Attorney. See NRI legal services. #### Consumer, insurance, wills and trusts Consumer complaints and rejected insurance claims, motor accident claims, wills and probate, and trust deeds. Every area is listed on our legal services page. ### How a matter runs with us - You get in touch. Call, WhatsApp or email with a few lines on the problem and copies of any notice, order or agreement involved. - We read before we meet. The papers are read first, so the consultation is spent on your options and not on collecting facts. - Consultation. At the Sanpada office or on a video call, we explain which court or authority decides the matter, what is missing, how long such matters usually take and what our work will cost. - Advice in writing. Where the answer matters, for instance a title opinion or the reply to a legal notice, you get it in writing. - Work starts on your instruction. Nothing is filed or sent until you say so. After each hearing or step, we tell you what happened and what comes next. We will say so if we think a case is weak. And when a question turns on another country's law, we tell you that you need a lawyer licensed there. ### The rules we practise under As advocates, we are bound by the Advocates Act, 1961 and the Bar Council of India Rules on professional conduct. Three of those rules shape how we deal with you. - Confidentiality. What you tell us for the purpose of advice is protected by Section 132 of the Bharatiya Sakshya Adhiniyam, 2023 (earlier Section 126 of the Indian Evidence Act). We cannot disclose it without your consent. - Conflicts. Under Rule 33, an advocate who has advised or acted for one side in a matter cannot then act for the other side in it. So before we take instructions, we check that we have not advised your opponent. - No soliciting or promises. Rule 36 of the Bar Council of India Rules stops advocates from soliciting or advertising for work, and no honest advocate promises a result. That is why this site describes what we do and how, and leaves the judging to you. ### Where is VIVS Legal's office, and do you work outside Navi Mumbai? We have one office: Office 219, Haware Intelligentia Park, Plot No. 33, Sector-24, Sanpada-Turbhe Road, Navi Mumbai 400783. It is open Monday to Saturday, 9 AM to 6 PM. Phone +91 8291849797 or +91 9167710454, or email info@vivs.in. Clients in Mumbai, Thane and Navi Mumbai usually meet us there; call ahead so that an advocate is free. For clients in other cities and abroad, the work is done online: consultations by phone, WhatsApp or video call, documents by email, and drafting and filings that can be done remotely. NRIs can act through a registered Power of Attorney. We have no branch or associate office anywhere else. If a matter needs a hearing outside Mumbai and Navi Mumbai, we tell you at the first consultation how appearances will be handled and what that costs. To book a time, use our contact page. ### Frequently asked questions **Which advocate will handle my matter?** Either Adv. Swanand Pandit (BLS, LL.B, LL.M, PGDBM, JAIIB), Advocate, High Court of Bombay, or Adv. Ashok Ingle (B.A. LL.B), depending on the kind of work and the dates involved. We tell you at the start who is responsible and whom to call between hearings. You can ask for a particular advocate when you book the consultation. **Does VIVS Legal have offices in other cities?** No. Sanpada, Navi Mumbai is our only office. Clients in Pune, Delhi, Bengaluru and other cities, and NRIs abroad, work with us by phone, WhatsApp or video call and share documents by email. If your case has to be heard in another city, the first consultation covers who will attend those hearings and what that arrangement costs. **Can I work with VIVS Legal if I live outside India?** Yes. Many NRI clients never visit the office. We talk on video calls and you email scanned documents. Where someone must sign or attend in India, you appoint them by a Power of Attorney that we draft, which you sign abroad before a notary with an apostille or at the Indian mission. Questions of the other country's law need a lawyer licensed there. **How do I book a consultation with VIVS Legal?** Call +91 8291849797 or +91 9167710454, send a WhatsApp message, or email info@vivs.in, Monday to Saturday between 9 AM and 6 PM. Tell us briefly what the matter is and where you are, and send copies of the main documents. We then fix a time at the Sanpada office or on a video call. **What happens at the first consultation?** We go through the papers you sent, ask what you want to achieve, and explain the options: which forum, which documents, how long such matters usually take and what our work will cost. You leave knowing whether the matter is worth pursuing and what the next step is. Nothing is filed or sent until you instruct us. **Do you publish your fees?** For standard drafting, yes. Our service catalogue lists fixed fees, for example a will from Rs 10,000 and a legal notice from Rs 5,000. Litigation is different: the bill turns on the forum, how hard the other side fights and how many dates follow, so we quote it in writing once we have read the papers. Stamp duty and court fees are paid to the government separately. **Will what I tell you stay confidential?** Yes. Communications between you and your advocate for the purpose of legal advice are privileged under Section 132 of the Bharatiya Sakshya Adhiniyam, 2023, and the Bar Council of India Rules bind us to confidentiality. We share your papers only with the court or authority concerned, or with others you have agreed to, such as your Power of Attorney holder. --- ## Advocate Ashok Ingle URL: https://vivs.in/ashok-ingle/ Advocate Ashok Ingle, partner at VIVS Legal: civil, property, recovery, motor accident claim, consumer and criminal matters in Maharashtra courts. B.A. LL.B. Advocate Ashok Ingle is a partner at VIVS Legal and handles civil, property and recovery litigation, along with motor accident claims, consumer disputes and criminal matters, before courts in Maharashtra. He holds a B.A. LL.B degree. ### About Advocate Ashok Ingle Adv. Ingle's practice is in the trial courts, where most disputes are actually decided: the courts of the Judicial Magistrate First Class, the Civil Judge Senior Division and the Additional District Judge, and the claims tribunals. His work for VIVS Legal clients centres on recovery suits, property and family disputes, and accident claims. ### Areas of practice - Recovery suits and civil disputes over money and property. - Motor accident claim petitions before the claims tribunals. See MACT claims. - Family and property disputes between relatives. - Consumer complaints. See consumer litigation. - Criminal matters, including bail applications. ### Courts and forums Civil courts of the Civil Judge Senior Division and the Additional District Judge, courts of the Judicial Magistrate First Class, Motor Accident Claims Tribunals and consumer commissions in Maharashtra. Matters are taken on through VIVS Legal's office in Sanpada, Navi Mumbai. ### Who does he act for? Individuals and families in accident, property and family disputes; creditors pursuing recovery; and consumers with claims against businesses and insurers. ### How can you consult Adv. Ingle? Use the form on this page, call the office, or email. Share a short note of the matter and any papers you have; the firm will confirm whether it can act and arrange a consultation. ### Professional conduct Advocates in India may not advertise or solicit work. This page gives factual information about Adv. Ingle's qualifications and practice. Client and party names and case outcomes are not published; they remain confidential. ### Frequently asked questions **What are Adv. Ashok Ingle's qualifications?** He holds a B.A. LL.B degree and practises as an advocate in Maharashtra. **What kind of cases does he handle?** Recovery suits, property and family disputes, motor accident claims, consumer complaints and criminal matters including bail. **Which courts does he appear in?** Trial courts in Maharashtra, including the courts of the Civil Judge Senior Division, Additional District Judge, Judicial Magistrate First Class, claims tribunals and consumer commissions. **How do I contact him?** Through VIVS Legal's office in Sanpada, Navi Mumbai, by the form on this page, phone or email. --- ## Advocate Swanand Pandit URL: https://vivs.in/swanand-pandit/ Advocate Swanand Pandit, founder and managing partner of VIVS Legal, Navi Mumbai: Advocate, High Court of Bombay; BLS, LL.B, LL.M, PGDBM, JAIIB. Advocate Swanand Pandit founded VIVS Legal in 2010 and leads its work in banking and finance, real estate and recovery matters from the firm's office in Sanpada, Navi Mumbai. He is enrolled as an Advocate of the High Court of Bombay. ### About Advocate Swanand Pandit Before and alongside his legal practice, Adv. Pandit worked across the financial industry in fraud investigation, risk management, compliance policy review and wealth management. That background shapes the firm's focus on matters where law and money meet: loans, security, recovery, fraud and property. ### Qualifications - BLS and LL.B. - LL.M in Criminal Justice and Law Enforcement Administration, University of Mumbai. - B.Com in Accounting and Finance. - Post Graduate Diploma in Business Management (PGDBM). - JAIIB, the banking qualification of the Indian Institute of Banking and Finance. ### Areas of practice - Banking and financial services: SARFAESI, DRT recovery, fraud classification and regulatory questions. - Real estate: title search, documentation, RERA and property disputes. - Debt recovery and asset verification for lenders and creditors. - Consumer litigation, including insurance claim rejections. - NRI legal services for property and family matters. See legal services and debt recovery. ### Who does he advise? Banks, NBFCs and other lenders; businesses with recovery or compliance problems; property buyers and owners; and individuals and NRIs with property, consumer or family matters. Matters are handled from Sanpada, Navi Mumbai, with clients in other cities and abroad served online. ### How can you consult Adv. Pandit? Use the form on this page, call the office, or email. Share a short note of the matter and any notice or documents you have; the firm will confirm whether it can act and arrange a consultation in person or by video. ### Professional conduct Advocates in India are not permitted to advertise or solicit work. This page sets out factual information about Adv. Pandit's qualifications and practice for those who look for it. It does not publish client names or outcomes, which remain confidential. ### Frequently asked questions **Which court is Adv. Swanand Pandit enrolled in?** He is an Advocate of the High Court of Bombay. **What are his qualifications?** BLS, LL.B, LL.M in Criminal Justice and Law Enforcement Administration from the University of Mumbai, B.Com in Accounting and Finance, PGDBM and JAIIB. **What kind of matters does he handle?** Mainly banking and financial services, real estate, debt recovery, consumer cases and NRI matters. **Where does he practise from?** From VIVS Legal's office at Haware Intelligentia Park, Sanpada, Navi Mumbai, with online consultations for clients elsewhere. --- ## Contact VIVS Legal URL: https://vivs.in/contact-us/ Contact VIVS Legal at Office 219, Haware Intelligentia Park, Sanpada, Navi Mumbai, or call +91 8291849797. Meet us at the office or consult by phone or video. You can contact VIVS Legal by phone, WhatsApp, email or the form on this page. Tell us briefly what the matter is about and an advocate will call you back, usually within one working day, to fix a time for the consultation at our Sanpada office or over a video call. ### How the first consultation works Once your enquiry reaches us, one of our advocates reads it and calls you. In that call we ask a few questions, tell you whether the matter is one we handle, and fix a slot for a proper consultation. The consultation itself can be at our office in Sanpada, on the phone or on a video call, whichever suits you. For property and recovery matters it helps to meet across a table with the papers, but many clients, especially those living abroad, finish the whole matter without visiting even once. At the end of the consultation you should know three things: where you stand in law, what the next step is, and what it will cost. If we think the matter is not worth pursuing, we will say so. ### What to keep ready before you call You do not need a file in perfect order. A few documents, even as phone photos, let us give you a useful opinion in the first sitting. - Property matters: the agreement or sale deed, the 7/12 extract or property card, society share certificate, and any notice you have received. - Divorce and family matters: the marriage certificate, addresses of both spouses, details of children, and any court papers already served. - Loan, SARFAESI or recovery matters: the sanction letter, the demand or possession notice, and the account statement. - Motor accident claims: the FIR, panchnama, medical papers and bills, and the vehicle and insurance details. - NRI matters: passport and OCI or visa page, and the documents of the property or case in India. You can email these to info@vivs.in before the consultation so we read them first. ### Clients outside Mumbai and outside India We have one office, in Sanpada, Navi Mumbai. Clients in other cities and abroad work with us online: consultation by video, documents by email, and signatures through a registered Power of Attorney where the law allows it. If your matter needs a hearing in a court outside Maharashtra, we tell you at the first consultation how the appearance will be handled and what it will cost, before you decide anything. For the services we offer to NRIs, see our NRI legal services page. ### Reaching our office in Sanpada The office is Office 219, Haware Intelligentia Park, Plot No. 33, Sector 24, on the Sanpada-Turbhe Road, Navi Mumbai 400783. The map above opens directions in Google Maps. We are open Monday to Saturday, 9 AM to 6 PM. Please call before coming so that the advocate handling your matter is free when you arrive; walk-ins sometimes have to wait. ### Confidentiality of what you send us Whatever you write in the form or send by email is read only by our advocates and staff, and is kept confidential. Sending an enquiry does not by itself make us your advocates; that happens once we agree to take up the matter and you confirm the terms. Please do not send original documents by post unless we ask for them. Copies are enough at this stage. You can read how we handle personal data in our privacy policy. ### Frequently asked questions **Can I consult VIVS Legal without visiting the office?** Yes. Consultations by phone, WhatsApp call and video are routine for us, and documents can be shared by email. Many of our clients in other cities and abroad have never come to the office. **How soon will someone get back to me?** Usually within one working day of your enquiry. If you write on a Sunday or a holiday, expect a call on the next working day. For anything urgent, such as a possession notice or a hearing date this week, please call +91 8291849797 directly. **What are your office hours?** Monday to Saturday, 9 AM to 6 PM. We are closed on Sundays. Calls outside these hours are returned the next working day. **Which matters does VIVS Legal handle?** Mainly property and real estate, title search, SARFAESI and DRT recovery, consumer cases, motor accident claims, cheque bounce, divorce and family matters, wills and succession, NRI legal work and drafting of agreements. See our legal services page for the full list. --- ## AIF compliance, registration and fund documents URL: https://vivs.in/alternative-investment-funds/ AIF compliance under the SEBI AIF Regulations 2012: Category I, II and III, SEBI registration, PPM and fund documents, ongoing filings and investor issues. AIF compliance starts with picking the right category under the SEBI (Alternative Investment Funds) Regulations, 2012 and then keeping every fund document, filing and disclosure in line with it. We advise sponsors and managers on registration and documents, and investors on what they are signing. We are a law firm: we do not manage funds or advise on investments. ### AIF category 1, 2 and 3 compared | Category | Typical funds | Key feature | | Category I | Venture capital, angel, SME, social impact and infrastructure funds | Invest in sectors the government considers socially or economically desirable | | Category II | Private equity and private credit funds | No borrowing except for short-term operational needs | | Category III | Hedge funds and funds using complex trading strategies | Can borrow and use derivatives to invest, within SEBI's limits | The category drives the investment conditions, the disclosures and the tax treatment, so it is the first thing to settle with your tax adviser. ### How does AIF registration with SEBI work? - Choose the vehicle. Most AIFs are set up as trusts; companies and LLPs are also allowed. - Prepare the documents. The trust deed or constitution, the private placement memorandum (PPM) in SEBI's template, and the manager's and sponsor's details. - Apply on SEBI's portal. With the fee and the eligibility details of the sponsor, the manager and its key investment team. - Answer SEBI's queries. Most applications go through one or two rounds. - Registration and first close. Each scheme is launched by filing its PPM through a merchant banker before investors are taken in. Investors must generally commit at least Rs 1 crore each, except accredited investors and certain employees and directors of the manager. ### AIF PPM drafting and the fund documents The PPM tells investors what the fund will do and what it will charge. SEBI prescribes a template with a standard part and a part for the fund's own terms, and requires an annual audit of whether the fund has followed its PPM. - Trust deed: creates the fund and sets the trustee's role. - PPM: strategy, risks, fees, conflicts, distribution waterfall. - Contribution agreement: each investor's commitment and drawdown terms. - Investment management agreement: the manager's powers and fees. Mismatches between these documents are the most common source of later investor disputes. ### Ongoing AIF compliance - Periodic reports to SEBI and timely disclosures to investors. - Valuation by an independent valuer as the regulations require. - A custodian where the regulations require one. - Investor due diligence and KYC, and anti-money laundering checks under the PMLA. - Changes in the manager, sponsor or key personnel reported and approved as required. - Annual PPM compliance audit and corrective action on its findings. ### AIF law in India: the main sources - SEBI Act, 1992 and the SEBI (Alternative Investment Funds) Regulations, 2012. - SEBI's Master Circular for AIFs and later circulars. - Indian Trusts Act, 1882 for funds set up as trusts. - Prevention of Money-laundering Act, 2002 for investor checks. - FEMA rules where foreign investors contribute. ### What should investors check before signing? Read the PPM's fee section and the distribution waterfall, the lock-in and exit terms, the manager's conflicts, and what happens if you miss a drawdown. Check that the contribution agreement matches the PPM. If you have a complaint, raise it with the manager first, then on SEBI's SCORES platform. We review fund documents for investors and family offices; see also wealth management legal advisory. ### How we work with you We start with a short call on the fund's strategy and investors, review the draft documents, and give written comments or full drafts. For registration we prepare the legal parts of the application and respond to SEBI's legal queries. We work from Sanpada, Navi Mumbai, and online. Related pages: portfolio management services and structured products. ### Frequently asked questions **What is an alternative investment fund?** It is a privately pooled investment vehicle that collects money from investors to invest under a defined policy, registered with SEBI under the AIF Regulations, 2012. It is different from a mutual fund, which is open to the public and more tightly regulated. **What is the minimum investment in an AIF?** Generally Rs 1 crore per investor. Accredited investors and certain employees and directors of the manager can invest less, as the regulations allow. **Which AIF category should a private equity fund choose?** Most private equity and private credit funds register as Category II, since they do not borrow to invest. Venture capital and angel funds usually fall in Category I. The choice should be settled with legal and tax advice before documents are drafted. **What is a PPM in an AIF?** The private placement memorandum is the main offer document. It sets out the strategy, risks, fees, conflicts and terms. SEBI prescribes its format and requires an annual audit of the fund's compliance with it. **Does VIVS Legal manage or recommend AIFs?** No. We are a law firm and give legal advice on structure, documents and compliance only. --- ## Asset verification services for lenders and creditors URL: https://vivs.in/asset-verification/ Asset verification services for banks, NBFCs and creditors: collateral checks before lending, CERSAI and ROC searches, and asset tracing for recovery. Asset verification services answer two questions for a lender or creditor: before you lend, does the security exist, belong to the borrower and stand free of other claims; and after default, what does the borrower or judgment debtor actually own that can be attached. We do both from public records and court processes, and connect the findings to recovery action, from our office in Sanpada, Navi Mumbai. ### What is asset verification? Asset verification is checking that an asset is real, is owned by the person who claims it, matches the documents, and is not already charged or under dispute. For property this means title, encumbrances, approvals and possession. For a company it means its registered charges, filings and the assets in its balance sheet. The aim is to know before money moves, or before you spend on litigation, what you can actually rely on. ### Collateral verification before lending - Title search over the required period and the chain of documents. - Search of the CERSAI registry for existing security interests. - Search of charges registered with the Registrar of Companies for company borrowers. - Revenue and municipal records: 7/12 extract, property card, property tax and mutation entries. - Building approvals and occupancy certificate for flats and commercial units. - Pending litigation search against the owner and the property. - Possession and occupation status, through inspection where arranged. Valuation is done by an approved valuer; we check that the valuation report describes the same property as the title documents. ### Asset tracing services after default A decree or a recovery certificate is worth only what you can attach. Tracing starts with the public record: property registered in the debtor's name, shareholdings and directorships, vehicles, and charges in favour of other lenders. Then the court can help. Under Order XXI of the Code of Civil Procedure, the executing court can examine the judgment debtor about assets, and the Supreme Court in Rahul S. Shah v Jinendra Kumar Gandhi (2021) told executing courts to require the debtor to disclose assets on affidavit early. Bank accounts and receivables are reached through attachment orders. We stay within lawful sources and court processes. We do not offer surveillance or private data. ### Who uses asset verification? - Banks and NBFCs, before sanction and when a loan turns bad. - Asset reconstruction companies buying portfolios. - Businesses with a decree or an arbitral award to execute. - Companies vetting a guarantor or a counterparty before a large contract. - Individuals buying property who want an independent check. ### How an asset verification assignment runs - Brief. Purpose, the person or company, known assets and the deadline. - Records search. Registration, CERSAI, ROC, revenue, municipal and litigation records. - Inspection where needed. In Mumbai, Thane and Navi Mumbai we can arrange it directly; for other cities we tell you at the outset how it will be arranged and what it costs. - Report. Findings, documents relied on, gaps and risks, in a form usable in court if needed. - Action. SARFAESI measures, DRT proceedings, attachment or a revised sanction decision. ### Asset verification services by city Records and authorities differ by state, so these pages explain what is local: - Asset verification in Mumbai - Asset verification in Delhi - Asset verification in Pune For recovery steps after verification, see debt recovery and our article on asset verification for debt recovery. ### What can go wrong without verification? - The same flat mortgaged to two lenders because nobody searched CERSAI. - A decree that cannot be executed because the debtor's only property was transferred to a relative. - Security over a building with no occupancy certificate and an unauthorised floor. - A guarantor whose declared assets turn out to be joint family property with other claimants. ### Frequently asked questions **What is CERSAI and why search it?** CERSAI is the Central Registry of Securitisation Asset Reconstruction and Security Interest of India, where lenders register security interests. Searching it shows whether a property or asset is already charged to another lender. **Can you find a debtor's bank accounts?** Not from private sources. Bank accounts are reached through court processes, such as examination of the judgment debtor, disclosure affidavits and attachment orders to banks, or through recovery officers in DRT proceedings. **Do you do physical site inspections?** Yes, where the assignment needs it. In Mumbai, Thane and Navi Mumbai we arrange inspections directly. For other cities we explain at the start how an inspection will be arranged and what it will cost. **How long does asset verification take?** A records-based verification of a single property usually takes days, depending on how quickly the registration and revenue records can be obtained. Tracing assets of a person or company across several places takes longer. **Is asset verification the same as a title search?** A title search is one part of it. Asset verification also covers charges with other lenders, company filings, approvals, possession and, for recovery, the debtor's other assets. --- ## Cheque bounce case under Section 138 of the NI Act URL: https://vivs.in/cheque-bounce-ni-act-cases/ Cheque bounce case help for payees and the accused: legal notice within 30 days, complaint under Section 138 NI Act, interim compensation, settlement and trial. A cheque bounce case is a criminal complaint under Section 138 of the Negotiable Instruments Act, 1881, and it lives or dies on three deadlines: a written notice within 30 days of the bank's return memo, 15 days for the drawer to pay, and a complaint within one month after that. We act for payees who want their money and for people who have been wrongly accused, from our office in Sanpada, Navi Mumbai. ### What makes a dishonoured cheque an offence? Not every bounced cheque is a crime. Section 138 applies when all of these are true: - The cheque was given to pay a legally enforceable debt or liability, not as a gift or a loan you were never owed back. - It was presented within its validity, which is three months from the date on the cheque. - The bank returned it unpaid for insufficient funds or because it exceeded the arrangement; courts have treated 'account closed', 'payment stopped' and signature mismatch the same way in many cases. - The payee sent a written demand notice within 30 days of learning of the dishonour. - The drawer did not pay within 15 days of receiving the notice. Once the cheque and signature are admitted, Section 139 presumes it was issued for a debt. The accused can rebut that presumption, but the burden is on them. ### Cheque bounce case procedure, step by step - Get the return memo. Your bank gives a memo stating why the cheque was returned. The 30-day clock starts when you receive it. - Send the cheque bounce legal notice. In writing, demanding the cheque amount within 15 days, by registered post or courier with tracking, and by email or WhatsApp as additional proof. - Wait 15 days from delivery. If the drawer pays, the matter ends. If not, the offence is complete on the sixteenth day. - File the complaint within one month. Before the magistrate with jurisdiction over the branch of your bank where the cheque was presented, as Section 142(2) provides. - Verification and summons. The court records your sworn statement or affidavit and issues summons to the accused. - Trial. These cases are tried summarily under Section 143, with evidence mostly on affidavit. Interim compensation can be sought along the way. - Judgment, appeal or settlement. The case can be compounded at any stage under Section 147. ### Deadlines and the forum at a glance | Stage | Time limit | Provision | | Present the cheque | Within three months of its date | RBI validity rule | | Send demand notice | Within 30 days of the return memo | Section 138(b) | | Drawer to pay | 15 days from receipt of notice | Section 138(c) | | File complaint | Within one month after those 15 days; delay can be condoned for sufficient cause | Section 142(1)(b) | | Where to file | Court where the payee's bank branch is located | Section 142(2) | | Interim compensation | Up to 20% of the cheque amount | Section 143A | | Deposit in appeal | At least 20% of the fine or compensation | Section 148 | ### What is the punishment for a cheque bounce offence? The court can impose imprisonment of up to two years, a fine of up to twice the cheque amount, or both. In practice most convictions end with an order to pay compensation, often close to the cheque amount with interest, because the purpose of Section 138 is to get the money paid. Where the drawer is a company or firm, Section 141 makes the directors or partners who were in charge of its business liable too, provided the complaint says clearly what each of them did. ### If you have received a notice or summons Do not ignore it. Missing the summons date can lead to a bailable warrant. The useful questions at this stage are whether the cheque was really given for a debt, whether the notice and the complaint were within time, whether the complaint was filed in the right court, and whether settlement is the cheaper path. Common defences include a cheque given only as security for a loan that was never disbursed, a debt already repaid, a time-barred debt, or a blank signed cheque filled in for a larger amount. Each needs proof, so bring your bank statements and messages. ### Documents you should keep ready - The original dishonoured cheque and the bank's return memo. - Proof of the debt: invoice, loan agreement, ledger, messages or emails. - A copy of the demand notice with postal receipt and tracking or delivery proof. - Your bank statement showing the presentation and return. - If you are the accused: proof of repayment, the terms on which the cheque was given, and the summons. ### Mistakes that sink cheque bounce cases - Sending the notice on day 31, or counting from the cheque date instead of the return memo. - Demanding more than the cheque amount in the notice without separating interest and costs. - Filing the complaint before the 15 days have run, which makes it premature. - Filing in the wrong court instead of where the payee's branch is. - Not naming the company itself when suing its directors. - Presenting the same cheque again and again without sending notice after the first return. ### How we work with you For Mumbai, Navi Mumbai and Thane, we can meet at our Sanpada office and appear in the magistrate courts there. For payees elsewhere, we draft and send the legal notice online, which is often the step that gets the money paid. Our fixed-fee legal notice drafting service covers it. If a larger debt sits behind the cheque, a civil recovery suit or a summary suit can run alongside the criminal case. Our debt recovery page explains those options. ### Frequently asked questions **What is the time limit to send a cheque bounce notice?** Thirty days from the date you receive the bank's return memo. A notice sent later does not support a Section 138 complaint, though you may still have a civil claim for the money. **Can a cheque bounce case be settled?** Yes. Section 147 makes the offence compoundable at any stage. Settling early is cheaper: the Supreme Court in Damodar S. Prabhu set graded costs that rise the later the case is compounded, though courts apply them flexibly. **Can a cheque given as security lead to a case?** It can, if a debt was actually due when the cheque was presented. The Supreme Court has held that a security cheque presented after the loan became payable attracts Section 138. If no debt existed on that date, that is a strong defence. **Where should a cheque bounce complaint be filed?** Before the magistrate who has jurisdiction over the branch of the payee's bank where the cheque was delivered for collection, under Section 142(2). This was settled by the 2015 amendment after years of conflicting rulings. **Can the accused be asked to pay money before the trial ends?** Yes. Under Section 143A the trial court can order interim compensation of up to 20% of the cheque amount, payable within 60 days. If the accused is later acquitted, the court orders it to be repaid with interest. **Is a notice by WhatsApp or email valid?** Courts have accepted electronic delivery in several cases, but the safest course is to send the notice by registered post or tracked courier and use email or WhatsApp in addition. Keep the delivery proof; it is often the first thing the defence attacks. **What if the drawer has no money to pay?** A conviction can still lead to a compensation order, and non-payment can be recovered as a fine. If the drawer has property, a civil decree and attachment may be more effective, and we can advise on tracing assets. --- ## Consumer court complaint: how to file and win it URL: https://vivs.in/consumer-litigation/ Consumer court complaint under the Consumer Protection Act 2019: which commission, the money limits, two-year limit, online filing and help from Sanpada. A consumer court complaint is the quickest legal route when a seller, builder, bank, insurer or hospital has taken your money and not delivered what was promised. Under the Consumer Protection Act, 2019 you file before a Consumer Disputes Redressal Commission within two years, and we prepare and argue these cases from our office in Sanpada, Navi Mumbai. ### What can you take to a consumer commission? You must be a consumer, meaning you paid (or were promised you would pay) for goods or a service for your own use, not for resale or a commercial purpose. Within that, the law covers a lot. - Defective goods, and goods that do not match the description or the warranty. - Deficiency in service: banks, telecom, airlines, courier, coaching, travel. - Builders who delay possession or hand over flats with defects. - Insurers who reject or delay a claim without a valid reason. - Hospitals and doctors, in a medical negligence case, after the Supreme Court's ruling in Indian Medical Association v V.P. Shantha. - Unfair trade practices and misleading advertisements, including on e-commerce platforms. People still call it the consumer forum. Since 2020 the correct name is the Consumer Disputes Redressal Commission, at district, state and national level. ### Which commission hears your consumer court complaint? The commission depends on the value of what you paid for the goods or service, not the compensation you claim. This has been the rule since the 2021 notification. | Commission | Value of goods or services paid | Appeal goes to | | District Commission | Up to Rs 50 lakh | State Commission, within 45 days | | State Commission | Above Rs 50 lakh and up to Rs 2 crore | National Commission, within 30 days | | National Commission | Above Rs 2 crore | Supreme Court, within 30 days | You can file where you live or work, where the opposite party does business, or where the cause of action arose (Section 34). That lets most of our clients file close to home. ### Consumer court Mumbai, Thane and Navi Mumbai: where to file Mumbai has separate District Commissions for the city and the suburbs, and the Maharashtra State Commission also sits in Mumbai. Navi Mumbai is split between two districts: Vashi, Nerul and Belapur fall in Thane district, while Kharghar and Panvel fall in Raigad district. Getting this wrong only causes delay, so we check it before filing. Clients from these areas can meet us at our Sanpada office with their bills and correspondence. ### How the case runs, step by step - Written complaint to the company. Give the business a fair chance to fix it, and keep the reply. A legal notice often settles the matter here. - Draft the complaint. Facts in date order, the deficiency, the relief claimed (refund, replacement, compensation, costs) and the documents. - File online or in person. Most commissions accept online filing through the government's e-Jagriti portal, which replaced e-Daakhil. - Admission. The commission decides whether to admit the complaint, ordinarily within 21 days. - Notice, reply and evidence. The opposite party replies; both sides file evidence on affidavit. - Mediation if suitable. The commission can refer the case to its mediation cell. - Arguments and order. The final order can be enforced like a decree, and non-compliance is punishable. ### Insurance, builder and medical negligence cases #### Insurance claim rejected If an insurer rejects your claim on grounds such as non-disclosure or a policy exclusion, you can go to the Insurance Ombudsman or file before the commission. Our page on consumer cases after a claim is rejected compares the routes. #### Builder delays Flat buyers can choose between the consumer commission and the RERA authority; the Supreme Court has confirmed both remain open. See RERA complaints for the comparison. #### Medical negligence case These cases need medical records and usually an independent expert opinion. The question is whether the doctor fell below the standard of a reasonably competent practitioner, not whether the result was bad. ### Documents to keep ready - Invoice, receipt, booking form or policy document. - Warranty card, brochure or advertisement you relied on. - Emails, chats and complaint numbers with the company. - Photographs, inspection or expert reports. - For medical cases: the full hospital file, bills and discharge summary. - Proof of your residence or workplace if you file in your own district. ### How long does a consumer case take, and what does it cost? The Act asks commissions to decide cases within three to five months, but in practice simple cases usually take one to two years, and appeals longer. Filing fees are modest and graded by value; there is no fee for claims up to Rs 5 lakh. Our fee depends on the forum, the evidence needed and whether expert opinion is involved. For small claims you can often file yourself, and our fixed-fee complaint drafting service is designed for that. ### Mistakes that weaken a consumer complaint - Filing after two years without a proper application to condone the delay. - Claiming as a consumer when the purchase was for a business. - Valuing the claim by compensation instead of the amount paid, and choosing the wrong commission. - Leaving out the manufacturer or the platform when both are responsible. - Asking for a round-number compensation figure without showing how it was worked out. ### Frequently asked questions **Can I file a consumer court complaint online?** Yes. Complaints can be filed online through the e-Jagriti portal, which handles filing, fee payment and case tracking for consumer commissions. You still need to follow the commission's instructions on hard copies and appearances. **What is the time limit to file a consumer complaint?** Two years from the date the cause of action arose, under Section 69 of the Consumer Protection Act, 2019. A later complaint can be admitted only if you show sufficient cause and the commission records its reasons for condoning the delay. **Do I need a consumer court lawyer?** No, the law lets you appear yourself, and many small cases are run that way. A consumer court lawyer helps when the opposite party is a large company with its own counsel, the case involves technical or medical evidence, or the amount is significant. **How much compensation can a consumer commission award?** There is no fixed cap. The commission can order refund, replacement, compensation for loss and harassment, and litigation costs. Awards are based on the loss you prove, so keep a clear record of what you paid and what the problem cost you. **Can I go to consumer court against a builder if RERA applies?** Yes. The Supreme Court has held that a flat buyer can choose the consumer commission even where the project is registered under RERA. You cannot pursue the same relief in both at once, so choose the forum that suits your claim. **What is the District Consumer Disputes Redressal Commission?** It is the first level of consumer court, set up in each district under the Consumer Protection Act, 2019. It hears complaints where the goods or services paid for are worth up to Rs 50 lakh. --- ## AML advisory services and corporate investigations URL: https://vivs.in/corporate-investigations-aml-advisory/ AML advisory services under the PMLA 2002: KYC, FIU-IND reporting and policies, plus corporate investigations and due diligence for Indian businesses. Our AML advisory services help regulated businesses meet their duties under the Prevention of Money-laundering Act, 2002: knowing their customers, keeping records, and reporting cash and suspicious transactions to the Financial Intelligence Unit. We also run internal corporate investigations and due diligence checks on counterparties, from our office in Sanpada, Navi Mumbai. ### Who must comply with the PMLA? The Act places duties on 'reporting entities'. These include banks, NBFCs and other financial institutions, SEBI-registered intermediaries, insurers, payment system operators, real estate agents, dealers in precious metals and stones, and, since 2023, virtual digital asset service providers and certain chartered accountants, company secretaries and cost accountants when they carry out specified financial transactions for clients. ### PMLA compliance: the core duties | Duty | What it means in practice | | Client due diligence | Verify identity and beneficial ownership at onboarding and keep it updated | | Record keeping | Keep transaction and identity records for the period the rules require | | Reporting to FIU-IND | Cash transaction reports, suspicious transaction reports and other prescribed reports | | Principal officer and designated director | Appoint and register them with FIU-IND | | Internal policy and training | A board-approved AML policy that staff actually follow | Sector regulators add their own rules: RBI's Master Direction on KYC, SEBI's master circular on AML, and IRDAI's AML guidelines. ### AML advisory services: compliance review and KYC We review your AML policy, onboarding forms and transaction monitoring rules against the Act and your regulator's directions, and test a sample of files. The output is a written gap report with fixes ranked by risk. For new businesses entering a regulated space, we draft the policy and help register the principal officer. ### How should a company run an internal investigation? - Scope. What is alleged, who will investigate, and who must be kept out because of a conflict. - Preserve. Secure emails, devices, logs and paper records before anyone is told. - Review documents. Payments, contracts, approvals and communications. - Interview. Witnesses first, the person accused last, with notes signed where possible. - Report. Findings, evidence and recommendations, kept confidential. - Act. Discipline, recovery, police complaint or regulatory report, as the findings support. Where forensic accounting or data recovery is needed, qualified examiners are engaged under legal instruction. ### Due diligence investigations on counterparties Before a large contract, loan or acquisition, we check what the public record says about the other side: company filings and charges with the Registrar of Companies, litigation in courts and tribunals, regulatory orders, property records and directors' other interests. We stay within lawful sources; we do not offer surveillance or access to private data. ### What if the Enforcement Directorate issues a summons? A summons under Section 50 of the PMLA obliges you to appear and produce documents, and statements recorded can be used in evidence. The Supreme Court upheld these powers in Vijay Madanlal Choudhary (2022). Before appearing, understand what the ED is investigating, prepare the documents asked for, and get advice on your rights. We help prepare and, where the law allows, accompany clients. ### Common AML failures - Beneficial owners not identified for company or trust customers. - Suspicious transaction reports not filed because staff were unsure. - Policies copied from another business and never adapted. - No periodic KYC updates for high-risk customers. - Principal officer not registered or not replaced on resignation. Related pages: fraud risk management and asset verification. ### Frequently asked questions **What is AML advisory?** AML advisory is legal advice on meeting anti-money laundering duties: customer due diligence, record keeping, reporting to FIU-IND, policies and training, under the PMLA and the KYC rules of the sector regulator. **What is a suspicious transaction report?** It is a report a reporting entity must file with FIU-IND when a transaction appears to involve proceeds of crime, has no apparent economic purpose, or is unusually complex. It must be filed within the time the rules set and kept confidential from the customer. **Are chartered accountants covered by the PMLA?** Since 2023, chartered accountants, company secretaries and cost accountants are reporting entities when they carry out specified financial transactions on behalf of clients, such as managing client money or creating and operating companies. **Can a company investigate an employee without telling them?** A company can review its own records and systems in line with its policies, and often should before confronting anyone. The employee must be given a fair hearing before any disciplinary action, and privacy and data protection rules must be respected. **What happens if a reporting entity breaches the PMLA?** The Director of FIU-IND can impose penalties and issue directions under Section 13. Regulators may also take action, and serious failures can damage licences and banking relationships. --- ## Debt recovery lawyers for lenders, businesses and borrowers URL: https://vivs.in/debt-resolution-litigation/ Debt recovery lawyers for SARFAESI notices, DRT applications, summary suits, commercial courts and IBC Section 9, from Sanpada, Navi Mumbai. Send your papers. Our debt recovery lawyers act for banks, NBFCs and businesses that are owed money, and for borrowers and guarantors who have to answer a recovery action. The work runs through SARFAESI notices and possession, the Debts Recovery Tribunal, summary and commercial suits in the civil courts, and insolvency notices under the IBC. The right forum depends on who the creditor is, whether the debt is secured and how much is owed. Picking the wrong one costs months, so it is the first thing we settle, from our office in Sanpada, Navi Mumbai. ### What our debt recovery lawyers handle #### For banks, NBFCs and asset reconstruction companies - SARFAESI enforcement: demand notices under Section 13(2), replies to borrowers' objections, possession under Section 13(4), applications to the magistrate under Section 14, and sale notices - Original applications before the Debts Recovery Tribunal, recovery certificates and execution through the Recovery Officer - Defending borrowers' applications under Section 17, appeals before the Debts Recovery Appellate Tribunal (DRAT), and insolvency petitions before the NCLT #### For businesses and individuals owed money Legal recovery services for unpaid invoices, loans between parties, deposits and other fixed sums: demand notices, summary suits, commercial suits, MSME Facilitation Council claims and execution of decrees. A dishonoured cheque also supports a criminal complaint, which runs separately; see cheque bounce cases. #### For borrowers and guarantors Objections to a Section 13(2) notice, Section 17 applications against possession or sale, defences in DRT and civil cases, and negotiation of a one-time settlement with the bank. Most deadlines on the borrower's side are counted in days, not months, so the earlier we see the notice, the more options remain. ### Which forum fits the debt? Six routes cover almost every debt. Not all of them are open to every creditor, and some can run side by side. | Route | Who can use it | When it fits | What it produces | | Summary suit, Order XXXVII CPC | Any creditor | A fixed sum due on a written contract, promissory note, bill of exchange or surety bond | A decree; the defendant must first get leave to defend | | Commercial suit, Commercial Courts Act, 2015 | Parties to a commercial dispute of Rs 3 lakh or more | Trade debts, supply and service contracts | A decree, with summary judgment possible under Order XIIIA | | MSME Facilitation Council, MSMED Act, 2006 | Micro and small enterprise suppliers | Unpaid supplies or services to a buyer | Conciliation, then an arbitral award with statutory interest | | Debts Recovery Tribunal, RDB Act, 1993 | Banks and financial institutions | Debts of Rs 20 lakh or more | A recovery certificate executed by the Recovery Officer | | SARFAESI Act, 2002 | Banks, notified NBFCs and asset reconstruction companies holding security | A secured loan classified as a non-performing asset | Possession and sale of the security without a court decree | | Insolvency and Bankruptcy Code, 2016 | Financial and operational creditors of a company or LLP | A default of Rs 1 crore or more and no genuine dispute | An insolvency process, not an order to pay | Where none of these fits, an ordinary civil suit under the Code of Civil Procedure, 1908 remains open. A secured lender often uses two routes together: SARFAESI against the security and a DRT application for the balance. ### How debt recovery litigation works, step by step - Papers and limitation. We read the loan or supply documents, the statement of account and the correspondence, and fix the limitation date. Most money claims have three years under the Limitation Act, 1963, and a signed acknowledgment or a part payment starts a fresh period (Sections 18 and 19). - Asset check. Before spending on litigation, we look at what the debtor owns. A decree against someone with nothing in his name is only paper, which is where asset verification comes in. - Demand notice. Under the SARFAESI Act and the IBC the notice is a statutory step. Before a suit it is good practice, and it sets up the claim for interest and costs. - Mediation or settlement. Compulsory before a commercial suit unless urgent interim relief is needed, and worth a serious try in any case. - Filing with interim protection. We file in the chosen forum and, where assets may disappear, ask for attachment before judgment under Order XXXVIII Rule 5 CPC or interim orders from the tribunal. - Decree, award or certificate. The forum decides the claim after pleadings and evidence, or on a summary basis where the law allows. - Execution. Attachment and sale of property and attachment of bank accounts and dues under Order XXI CPC, or recovery through the DRT's Recovery Officer. ### SARFAESI enforcement for secured lenders The SARFAESI Act lets a secured lender take possession of the security and sell it without first going to court. It applies once the account is a non-performing asset, the amount due is at least Rs 1 lakh and at least 20% of principal and interest (Section 31(j)), and the security is not agricultural land. NBFCs with assets of Rs 100 crore or more can use it for secured debts of Rs 20 lakh and above. - Section 13(2) notice. The borrower has 60 days to pay the amount demanded. - Section 13(3A) objection. The borrower may object within that period; a lender that rejects the objection must give its reasons within 15 days. - Section 13(4) possession. Symbolic possession first, by a notice served and published under Rule 8 of the Security Interest (Enforcement) Rules, 2002. - Section 14 order. Where possession is resisted, the Chief Metropolitan Magistrate or the District Magistrate orders it, within 30 days, extendable to 60. - Sale. A valuation, then at least 30 days' notice to the borrower before a public auction. - Redemption. Under Section 13(8), as amended in 2016, the borrower can stop the sale by paying the full dues with costs, but only until the auction notice is published. Section 34 bars the civil courts from any matter the DRT can decide under the Act. A borrower who wants to stop a SARFAESI sale goes to the Debts Recovery Tribunal, not to the civil court. ### What is the Debt Recovery Tribunal, and how does a DRT case run? The Debts Recovery Tribunal is a specialist tribunal set up under the Recovery of Debts and Bankruptcy Act, 1993 (the RDB Act) to decide claims by banks and financial institutions. It hears debts of Rs 20 lakh or more; smaller bank claims go to the civil court. It also hears borrowers' challenges to SARFAESI action under Section 17. #### How a bank files a case in the DRT The bank files an original application under Section 19 of the RDB Act before the tribunal where the borrower lives or works, where the cause of action arose, or where the account is held. The borrower files a written statement and may raise a counter-claim. The Act asks the tribunal to try to finish within 180 days; contested cases usually take longer. The result is a recovery certificate, which the Recovery Officer executes by attaching and selling property, attaching accounts, appointing a receiver or, in rare cases, ordering arrest. #### DRT appeal to the DRAT An appeal against a DRT order goes to the Debts Recovery Appellate Tribunal: within 45 days under Section 20 of the RDB Act, or within 30 days under Section 18 of the SARFAESI Act. A borrower who appeals must first deposit 50% of the debt, which the appellate tribunal may reduce to 25% of the debt. Beyond that lies only a writ petition to the High Court, which is used sparingly. #### DRT Mumbai Mumbai has three Debts Recovery Tribunals, numbered DRT-I to DRT-III, and the DRAT for the region also sits in Mumbai. Case status and daily cause lists for every tribunal are on the official DRT portal, drt.gov.in, and filings are made electronically. We appear before the Mumbai tribunals and the DRAT ourselves. ### Summary suits, commercial courts and MSME claims #### Summary suit under Order XXXVII CPC A summary suit fits a debt fixed in writing: a promissory note, a bill of exchange, a written contract for a liquidated sum, or a surety's written undertaking. The defendant must enter appearance within 10 days of being served. When the plaintiff then serves the summons for judgment, the defendant has 10 more days to apply for leave to defend. Without leave, the plaintiff gets a decree. Leave is refused where the defence is frivolous, and where part of the claim is admitted, leave comes only after that part is deposited. Order XXXVII applies in the High Courts, city civil courts, small causes courts and other courts the High Court notifies. #### Commercial courts A trade debt of Rs 3 lakh or more is a commercial dispute under the Commercial Courts Act, 2015. Before filing, the claimant must attempt pre-institution mediation under Section 12A, conducted through the legal services authority, unless urgent interim relief is sought; the Supreme Court held this mandatory in Patil Automation (2022). The defendant gets at most 120 days for a written statement, and the court can give summary judgment under Order XIIIA where the defence has no real prospect of success. In Mumbai, commercial suits go to the commercial courts at the City Civil Court or, above its pecuniary limit, the Commercial Division of the Bombay High Court. #### MSME Facilitation Council A supplier registered as a micro or small enterprise can refer unpaid dues to the Micro and Small Enterprise Facilitation Council under Section 18 of the MSMED Act, 2006, through the MSME Samadhaan portal. The buyer must pay within the agreed period, which cannot exceed 45 days, and owes compound interest at three times the RBI bank rate on late payment (Sections 15 and 16). The Council conciliates first and then arbitrates. A buyer who challenges the award must first deposit 75% of it. ### When is an IBC Section 9 petition the right step? When the debtor is a company or LLP, the default is at least Rs 1 crore and there is no genuine dispute about the debt. An operational creditor, such as a supplier or service provider, first serves a demand notice under Section 8 of the Insolvency and Bankruptcy Code, 2016. The company then has 10 days to pay or to point to a dispute that existed before the notice: a pending suit or arbitration, or earlier letters disputing quality or quantity. If it does neither, the creditor can apply under Section 9 to the National Company Law Tribunal. Companies with a registered office in Mumbai or Navi Mumbai come before its Mumbai bench. Use it with care. In Mobilox Innovations (2017) the Supreme Court held that a plausible pre-existing dispute is enough to defeat the petition. Once a petition is admitted, a moratorium under Section 14 stops all other recovery, a resolution professional takes charge, and an operational creditor ranks below secured lenders in any distribution. The notice often produces payment; an admitted insolvency often does not. Banks and other financial creditors file under Section 7 instead. Personal guarantors of corporate borrowers can be pursued before the NCLT under Part III of the Code. ### Documents, time limits and what decides the cost #### Documents we need - Loan agreement or sanction letter, and the security papers: mortgage, hypothecation, pledge or surety deed - For banks, the statement of account certified under the Bankers' Books Evidence Act, 1891 - For trade debts, invoices, purchase orders, delivery challans and ledger confirmations - Emails, letters and messages, especially any acknowledgment of the debt - Notices sent and replies received, with proof of delivery - Udyam registration, for an MSME claim - For borrowers, every SARFAESI notice received and the dates on which they arrived #### What decides the cost The forum and its fee scale, since tribunal fees and court fees rise with the amount claimed; whether the other side contests; the number of hearings; valuation and auction costs under SARFAESI; and how much work it takes to trace assets. We quote litigation in writing after reading the papers. A demand notice is fixed-fee drafting: our legal notice drafting is from Rs 5,000. ### Mistakes that cost creditors and borrowers money - Letting limitation run during friendly talks without getting a written acknowledgment of the debt. - Suing before checking whether the debtor has anything to attach. - Filing an IBC petition against a company that has already disputed the invoices in writing. - Lenders skipping a SARFAESI step, such as publishing the possession notice or giving the full 30 days before sale. Each gap is a ground under Section 17. - Borrowers ignoring the Section 13(2) notice and later going to a civil court, which cannot hear the challenge because of Section 34. - Borrowers waiting for the auction to object. Once the sale notice is published, the right to redeem by paying is gone. - Agreeing a settlement with a bank by phone. A one-time settlement must be in a sanction letter that states the amount, the payment schedule, the release of security and the withdrawal of cases. ### How we work, and who handles your matter We work from Sanpada, Navi Mumbai, and appear before the DRTs, the DRAT, the NCLT and the civil and commercial courts in Mumbai and Navi Mumbai. Lenders and businesses elsewhere in India send their papers by email; notices, drafting and much of the filing can be done from here. If hearings are needed before a tribunal in another city, we explain at the first consultation how they will be handled and what that costs. Matters are handled by Adv. Swanand Pandit, Advocate, High Court of Bombay, whose qualifications include the JAIIB banking examination, and Adv. Ashok Ingle. For finding a judgment debtor's property after you win, read our note on asset verification in debt recovery. ### Frequently asked questions **What is the minimum amount for a DRT case?** Rs 20 lakh. Since 2018 the Debts Recovery Tribunals hear claims by banks and financial institutions only where the debt is Rs 20 lakh or more. A bank with a smaller claim sues in the civil court, by an ordinary or summary suit, or enforces its security under the SARFAESI Act where that applies. Private creditors cannot use the DRT at all, whatever the amount. **Which cases go to the DRT?** Claims by banks and financial institutions for debts of Rs 20 lakh or more, and borrowers' or guarantors' challenges to SARFAESI measures under Section 17. The tribunal also executes its own recovery certificates through the Recovery Officer. Disputes between private parties, such as a supplier's unpaid invoices, go to the civil or commercial court, the MSME Council, or the NCLT under the IBC. **Can a borrower approach the Debt Recovery Tribunal?** Yes. A borrower or guarantor can apply under Section 17 of the SARFAESI Act within 45 days of a possession notice or other measure under Section 13(4). In a bank's original application, the borrower files a written statement and can make a counter-claim. Interim relief, such as stopping an auction, is discretionary and is often granted only on terms like a deposit. **What is the cost of a DRT case?** The filing fee follows a scale that rises with the amount claimed. On top of that come professional fees, which depend on whether the case is contested and how many hearings it takes, and, under SARFAESI, valuation and auction expenses. A borrower who appeals to the DRAT must first deposit 50% of the debt, reducible to 25%. We quote our fee in writing after reading the papers. **Are recovery agents legal in India?** Yes, banks and NBFCs may use them, but only within RBI's rules. Agents must not call before 8 am or after 7 pm, threaten, abuse or shame a borrower in public, or contact friends and relatives to pressure them. Complain first to the lender, then to the RBI Ombudsman. Threats can also be criminal intimidation under Section 351 of the Bharatiya Nyaya Sanhita (earlier Section 506 IPC). **Is a legal notice compulsory before a recovery suit?** Usually not for a civil suit between private parties, though it is good practice and supports the claim for interest. Some notices are compulsory: Section 80 CPC before suing the government, the demand notice under Section 138 of the Negotiable Instruments Act for a bounced cheque, the Section 13(2) notice under SARFAESI and the Section 8 demand notice under the IBC. **How do I make a one-time settlement with a bank stick?** Banks settle under board-approved policies, within RBI's 2023 framework for compromise settlements. Get the offer accepted in a sanction letter that states the amount, the schedule and the consequence of a missed instalment. Pay on time, then obtain a no-dues letter, the return of title deeds, the release of the charge on CERSAI and withdrawal of any DRT or SARFAESI proceedings. Your credit report will usually show the account as settled. --- ## Employment law services under the new labour codes URL: https://vivs.in/employment-laws/ Employment law services under the new labour codes: contracts, termination, wages, POSH compliance and disputes, for employers and employees. Office in Sanpada. Our employment law services cover the documents and decisions that most often go wrong at work: appointment letters, HR policies, terminations, unpaid dues and harassment complaints. Since 21 November 2025 these are governed by the four labour codes, which replaced most of the older central labour Acts, and we advise employers and employees on them from our office in Sanpada, Navi Mumbai. ### The four labour codes in brief Twenty-nine central labour laws were folded into four codes. Central and state rules under them are still being notified in stages, so some details depend on your state. | Code | Replaces mainly | What it covers | | Code on Wages, 2019 | Minimum Wages, Payment of Wages, Payment of Bonus and Equal Remuneration Acts | Minimum and floor wages, the definition of wages, timely payment, bonus | | Industrial Relations Code, 2020 | Industrial Disputes Act, Trade Unions Act, Standing Orders Act | Termination, retrenchment, closure, standing orders, strikes, disputes | | Code on Social Security, 2020 | EPF, ESI, Gratuity and Maternity Benefit Acts, among others | Provident fund, ESI, gratuity, maternity benefit, gig workers | | Occupational Safety, Health and Working Conditions Code, 2020 | Factories Act, Contract Labour Act, among others | Working hours, safety, contract labour, women's night shifts | ### Employment law services for employers #### Contracts and policies Appointment letters, employment agreements for senior staff, confidentiality and IP clauses, and HR policies that match the codes and your state's Shops and Establishments law. #### Labour law compliance Checks on the new definition of wages (allowances above half of total pay are added back for PF and gratuity), registrations, registers and returns, and contract labour arrangements. #### POSH compliance Setting up the Internal Committee required for workplaces with ten or more employees under the POSH Act, 2013, the policy, training, and handling of complaints and inquiries. #### Discipline and exits Show cause notices, domestic inquiries, terminations, retrenchment and settlement agreements that hold up later. ### Help for employees: wrongful termination and dues Whether you go to a labour forum or a civil court depends on your role. A 'worker' doing manual, clerical, technical or supervisory work below the wage limit is protected by the Industrial Relations Code and can raise an industrial dispute. A person employed mainly in a managerial or administrative capacity usually has to rely on the contract and sue for damages, and reinstatement is rare outside public employment. Common matters we see: termination without notice or pay in lieu, retrenchment without compensation, withheld full and final settlement, gratuity refused, relieving letter withheld, and post-exit non-compete threats. A clause stopping you from working for a competitor after you leave is generally void under Section 27 of the Indian Contract Act, though confidentiality obligations continue. ### What changed for termination and fixed-term staff? - Fixed-term employment is recognised, with the same benefits as permanent staff and gratuity after one year of service. - Prior government permission for lay-off, retrenchment and closure applies to establishments with 300 or more workers, a higher threshold than before. - Retrenchment compensation of fifteen days' average pay for every completed year continues, with notice or pay in lieu. - Full wages must be paid within two working days of removal, dismissal, retrenchment or resignation under the Code on Wages. ### How we handle an employment matter - Consultation. What happened, the documents, and what outcome you want. - Document review. Appointment letter, policies, pay slips, emails and the termination or complaint papers. - Written advice. Your position under the codes and the contract, and the options. - Notice or response. A legal notice, a reply, or a negotiated settlement. - Proceedings. Conciliation, the industrial tribunal, the POSH committee or a civil court, as the case needs. ### Documents to keep ready - Appointment letter and any later revisions. - HR policy manual or employee handbook. - Pay slips, Form 16 and PF statements. - Emails or messages about the dispute. - Show cause notice, inquiry papers or termination letter. ### Mistakes employers and employees make - Employers terminating by email with no notice pay and no reason recorded. - Running a domestic inquiry without giving the employee the documents relied on. - No Internal Committee, or one without the required external member. - Employees signing a full and final settlement under pressure without reading the release clause. - Employees resigning before collecting the documents they need to prove their dues. ### Who do we advise? Small and mid-sized businesses, start-ups, NBFCs and other financial firms, and individual employees. Mumbai and Navi Mumbai clients can meet us at our Sanpada office; others are advised online. For businesses we often combine employment work with NDA drafting and internal investigations. ### Frequently asked questions **Are the labour codes in force now?** Yes. The four labour codes came into force on 21 November 2025 and replaced most of the earlier central labour laws. Several rules under them are being notified by the central and state governments in stages, so check the state rules that apply to you. **Can my employer terminate me without notice?** Only for proven misconduct after a fair inquiry, or as the contract allows with pay in lieu of notice. A worker covered by the Industrial Relations Code who is retrenched is entitled to notice and retrenchment compensation. Termination that breaks these rules can be challenged. **Is a non-compete clause enforceable in India?** A restriction during employment is generally valid. A restriction after you leave is usually void under Section 27 of the Indian Contract Act, but you remain bound not to misuse the employer's confidential information. **When is an Internal Committee under POSH required?** Every workplace with ten or more employees must set up an Internal Committee under the Sexual Harassment of Women at Workplace Act, 2013. It must be headed by a senior woman employee and include an external member from an NGO or with relevant experience. **When is gratuity payable now?** Normally after five years of continuous service, and earlier on death or disablement. Fixed-term employees are entitled to gratuity after one year under the Code on Social Security. **Do employment law services cover small businesses?** Yes. Small employers often need the most help because they lack an HR team: correct appointment letters, Shops and Establishments registration, a simple POSH policy and a clean exit process prevent most disputes. --- ## SEBI lawyer for equities and securities law URL: https://vivs.in/equities/ SEBI lawyer for listed companies, promoters and investors: insider trading rules, LODR and takeover disclosures, show cause notices, SAT appeals and disputes. A SEBI lawyer advises on the rules around buying, selling and disclosing shares, and defends companies and individuals when SEBI asks questions. We help listed companies, promoters, intermediaries and investors with insider trading rules, listing and takeover disclosures, show cause notices, appeals to the Securities Appellate Tribunal and shareholder disputes, from our office in Sanpada, Navi Mumbai. ### Securities law advisory for companies and promoters #### Insider trading regulations Codes of conduct and fair disclosure under the SEBI (Prohibition of Insider Trading) Regulations, 2015: trading windows, pre-clearance, the structured digital database of who holds unpublished price sensitive information, and trading plans for insiders. #### SEBI LODR compliance Disclosures, related party transaction approvals and board processes under the Listing Obligations and Disclosure Requirements Regulations, 2015. #### Takeover code Under the Substantial Acquisition of Shares and Takeovers Regulations, 2011, acquiring 25% of the voting rights, or control, triggers an open offer; existing holders of at least that much can add up to 5% a year without one. Acquisitions reaching 5%, and every 2% change after that, must be disclosed. ### SEBI show cause notice: what happens next? A show cause notice is the start of SEBI's enforcement process, not the end of it. How you respond in the first weeks often decides the outcome. - Read the allegations and the material relied on. Ask for inspection of documents not supplied. - Reply in writing within the time given. Facts first, then law, with documents. - Consider settlement. Many matters can be settled under the SEBI (Settlement Proceedings) Regulations, 2018, without admitting or denying the findings. - Personal hearing. Before the adjudicating officer or whole-time member. - Order. Penalty, directions or disposal. - Appeal. To the Securities Appellate Tribunal within 45 days, and then to the Supreme Court on questions of law within 60 days. ### Shareholder disputes and oppression and mismanagement In unlisted companies, minority shareholders who are shut out of management, diluted unfairly or denied information can apply to the National Company Law Tribunal under Sections 241 and 242 of the Companies Act, 2013. Section 244 sets who may apply: in a company with share capital, at least 100 members or members holding one-tenth of the issued capital, though the tribunal can waive this. Relief can include buyout orders, setting aside allotments and changes in management. ### Help for individual investors If a broker, depository participant or other intermediary has mishandled your account, start with its grievance cell, then file on SEBI's SCORES platform. Unresolved complaints go to online conciliation and arbitration under SEBI's Online Dispute Resolution framework. We help you put the record together and argue the claim. We do not advise on which shares to buy or sell. ### Which laws govern equities in India? | Law | What it covers | | SEBI Act, 1992 | SEBI's powers, penalties and appeals to SAT | | Securities Contracts (Regulation) Act, 1956 | Stock exchanges, listing and dealings in securities | | Depositories Act, 1996 | Demat holdings and transfers | | Companies Act, 2013 | Share issues, transfers, shareholder rights, oppression and mismanagement | | SEBI regulations | Insider trading 2015, LODR 2015, takeovers 2011, settlement 2018 | ### How we work with you - Brief. The notice, transaction or dispute, and the deadline. - Document review. Trading records, disclosures, board minutes, correspondence with SEBI or the exchange. - Advice and strategy. Reply, settlement, compliance fix or litigation. - Drafting and filing. Replies, settlement applications, appeals or NCLT petitions. - Representation. Hearings before SEBI, SAT or NCLT. Related pages: mutual funds, AIFs and wealth management legal advisory. ### When should you call a SEBI lawyer? Before a large acquisition or a promoter reorganisation, as soon as a notice or summons arrives, and whenever an insider trading question comes up internally. These are the mistakes we see most often: - Designated persons trading during a closed trading window or without pre-clearance. - Sharing results or deal information on informal chat groups. - Promoters missing the 5% or 2% disclosure because shares are held across family accounts. - Treating a show cause notice as routine and replying late or without documents. - Missing the 45-day window for a SAT appeal. ### Frequently asked questions **What does a SEBI lawyer do?** A SEBI lawyer advises on securities law compliance, such as insider trading, listing and takeover rules, and represents companies and individuals in SEBI investigations, show cause notices, settlement proceedings and appeals to the Securities Appellate Tribunal. **How long do I have to appeal a SEBI order?** An appeal to the Securities Appellate Tribunal must be filed within 45 days of receiving the order, under Section 15T of the SEBI Act. SAT can allow a later appeal if there was sufficient cause for the delay. **Can a SEBI case be settled?** Yes, many can. The SEBI (Settlement Proceedings) Regulations, 2018 allow settlement on payment of a settlement amount and other terms, without admitting or denying the findings. Some serious violations are excluded. **What is unpublished price sensitive information?** It is information about a company or its shares that is not generally available and would likely affect the share price if made public, such as financial results, dividends, mergers or major changes in management. Trading while holding it is prohibited. **When is an open offer required under the takeover code?** When an acquirer, with persons acting in concert, reaches 25% of the voting rights in a listed company, or acquires control. Existing holders at or above that level can acquire up to 5% more in a financial year without an open offer. **Do you give advice on which shares to buy?** No. We are a law firm and advise only on legal and regulatory questions. Investment decisions should be taken with a SEBI-registered investment adviser. --- ## Fraud risk management in India URL: https://vivs.in/fraud-risk-management/ Fraud risk management in India for banks, NBFCs and companies: RBI 2024 directions, fraud policy, investigations, borrower fraud classification and recovery. Fraud risk management in India now has a clear legal spine for lenders: the RBI Master Directions on Fraud Risk Management issued in July 2024, read with the Supreme Court's 2023 ruling that a borrower must be heard before being classified as a fraud. We help banks, NBFCs and companies build fraud policies, run investigations that stand up legally, and act once a fraud is found, and we defend borrowers wrongly classified. ### What do the RBI 2024 fraud directions require? RBI issued separate Master Directions for commercial banks, co-operative banks and NBFCs. The common themes: - A board-approved fraud risk management policy, reviewed periodically. - Board-level oversight of fraud monitoring and follow-up. - An early warning signals framework and red-flagging of suspicious accounts. - A fair process before any account is classified as fraud, including a show cause notice and a reasoned order. - Reporting to RBI and to law enforcement agencies within the timelines in the directions. - Staff accountability reviews where frauds occur. ### What should a fraud risk management policy contain? - Clear definitions of fraud and the roles of the board, senior management and staff. - Early warning signals relevant to your products and borrowers. - How suspected frauds are escalated, investigated and documented. - The borrower hearing process and who decides classification. - Reporting to the regulator, auditors and police, and who signs. - Evidence preservation, including emails and system logs. - Training, whistle-blower protection and periodic review. A policy that looks good but is never followed is worse than none, because it shows the institution knew what it should have done. ### Borrowers facing fraud classification Being classified as a fraud can freeze a borrower out of credit and trigger criminal complaints. In SBI v Rajesh Agarwal (2023) the Supreme Court held that lenders must follow natural justice: the borrower must get a show cause notice with the material relied on, a real chance to reply, and a reasoned decision. Classifications made without this can be challenged, often by a writ petition before the High Court. We review the notice, the forensic audit relied on, and the timeline, and prepare the reply. ### Fraud risk assessment and internal controls review A fraud risk assessment maps where money or data can leave the business without proper authority: vendor payments, refunds, loan disbursements, cash handling, user access and related party dealings. We review the controls on each and the documents that prove they are followed, and give a written report ranked by risk. ### When a fraud is found: the legal steps - Preserve evidence. Secure devices, emails, logs and documents before anyone is confronted. - Investigate properly. Interviews, document review and, where needed, a forensic investigation by qualified examiners, kept under legal advice where possible. - Report. To the regulator, the auditors and the board as the law requires. Under Section 143(12) of the Companies Act, auditors must report frauds they detect. - Police complaint. Under the Bharatiya Nyaya Sanhita, the usual sections are criminal breach of trust (Section 316), cheating (Section 318) and forgery (Sections 336 to 340), with the company law offence of fraud under Section 447 where it applies. - Recover. Civil suits, attachment before judgment, and asset tracing; see asset verification. - Fix the control. Close the gap the fraud used and record staff accountability. ### Who we work with Banks, NBFCs and co-operative banks, fintech lenders, and companies dealing with internal or vendor fraud, along with individuals and businesses challenging a fraud classification. Our founder's background in fraud investigation and risk management in financial services shapes how we approach these matters. We work from Sanpada, Navi Mumbai, and online. See also corporate investigations and AML and debt recovery. ### Mistakes that weaken a fraud case - Confronting the suspect before the evidence is secured. - Investigations run by people with a conflict of interest. - Classifying a borrower as fraud without a proper hearing. - Filing a police complaint with no documents attached. - Delay in reporting, which draws regulatory action of its own. ### Frequently asked questions **What is fraud risk management?** It is the set of policies, controls and responses an organisation uses to prevent, detect and deal with fraud: assessing where fraud can happen, putting controls in place, watching for warning signs, and investigating and reporting when it occurs. **Which RBI directions govern fraud risk management?** The Master Directions on Fraud Risk Management issued by RBI in July 2024, with separate versions for commercial banks, co-operative banks and NBFCs. They replaced earlier circulars on fraud classification and reporting. **Can a bank declare my account fraud without hearing me?** No. After the Supreme Court's 2023 ruling in SBI v Rajesh Agarwal and RBI's 2024 directions, a borrower must be given a show cause notice and a fair chance to respond before the account is classified as fraud. **Do companies have to report fraud?** Auditors must report frauds they detect under Section 143(12) of the Companies Act, and regulated entities have reporting duties to their regulator. Boards should also consider a police complaint and their disclosure obligations if listed. **What is the difference between a fraud risk assessment and a forensic investigation?** A fraud risk assessment looks forward: where could fraud happen and are the controls enough. A forensic investigation looks back at a suspected fraud to establish what happened, who was involved and what was lost. --- ## Landlord tenant dispute lawyer for eviction and rent recovery URL: https://vivs.in/landlord-tenant-eviction-disputes/ Landlord tenant dispute lawyer for eviction, rent recovery and leave and licence cases under the Maharashtra Rent Control Act 1999. Office in Sanpada. A landlord tenant dispute lawyer first works out what kind of occupant you are dealing with, because a tenant, a licensee and a long-term lessee are evicted by different routes in different forums. We act for owners recovering premises and for tenants defending eviction under the Maharashtra Rent Control Act, 1999, from our office in Sanpada, Navi Mumbai. ### Tenant, licensee or lessee: why it matters In Maharashtra most flats are now given on leave and licence, which creates no tenancy. Older premises, many of them in Mumbai, are still under protected tenancies. Commercial premises are sometimes let on long leases outside the Rent Control Act. The route to possession follows from this. | Occupant | Main law | Where possession is recovered | | Licensee under a leave and licence agreement | Section 24, Maharashtra Rent Control Act, 1999 | Competent Authority, in a summary proceeding | | Protected tenant | Sections 15 and 16 of the same Act | Small Causes Court in Mumbai, and the court named in Section 33 elsewhere | | Lessee of premises outside the Act | Transfer of Property Act, 1882, Sections 106 and 111 | Civil court | | Occupant with no right at all | Specific Relief Act, 1963 | Civil court; see illegal possession | ### Leave and licence agreements in Mumbai: Section 24 and Section 55 If a licensee does not leave when the licence ends, Section 24 lets the licensor apply to the Competent Authority for eviction. The licensee also becomes liable to pay damages at double the licence fee for the period of overstay. These cases move far quicker than ordinary suits. Section 55 requires every leave and licence agreement to be in writing and registered. If it is not registered, the occupant's version of the terms is presumed true unless you prove otherwise, which can turn a simple case into a long one. Our fixed-fee leave and licence drafting includes online registration. ### Evicting a tenant under the Rent Control Act A protected tenant can be evicted only on the grounds the Act lists. The most common ones are: - Rent not paid within 90 days of a written demand notice (Section 15). - Unlawful subletting or transfer of the premises. - Damage, permanent structures or material alterations without consent. - Nuisance or annoyance to neighbours. - The landlord's reasonable and bona fide need for his own occupation. - Premises needed for demolition, reconstruction or major repairs. - The tenant not using the premises for six months without reasonable cause. Each ground needs evidence, and courts look closely at bona fide need claims. Tenants have strong defences where the ground is not proved. ### Eviction process in India, step by step - Identify the occupant's status from the agreement, rent receipts and registration. - Send a legal notice to evict the tenant or terminate the licence, with the period the law requires. - File the case before the Competent Authority, Small Causes Court or civil court, with the documents. - Interim relief such as deposit of arrears or an order restraining further subletting. - Evidence and hearing. Section 24 cases are summary; tenancy suits take longer. - Decree and execution. Possession is handed over through the court bailiff if the occupant still refuses. ### Can a landlord evict a tenant without going to court? No. Changing the locks, cutting water or power, or removing belongings can expose the owner to a police complaint and a civil suit for dispossession. Even an occupant whose licence has ended must be removed through the authority or the court. A clear notice and a quick filing are faster in the end than self-help. ### How do you recover unpaid rent and damages? Arrears of rent or licence fee can be claimed in the same proceeding as eviction or in a separate suit. Where the occupant stays on after the right to occupy ends, the owner can claim mesne profits, that is, the market rate for the period of wrongful occupation. Keep bank records of every payment received; cash payments without receipts are the usual point of dispute. ### Documents to keep ready - The leave and licence agreement or rent agreement, with registration details. - Rent receipts or bank statements showing payments. - Notices sent and received, with postal proof. - Property tax bills and the society's records for the flat. - Police intimation of the licensee, where it was given. ### Mistakes owners and tenants make - Owners renewing by WhatsApp instead of a fresh registered agreement. - Accepting rent after a termination notice without reserving your rights. - Tenants stopping rent to pressure the landlord, which hands the landlord a ground. - Calling a tenancy a licence on paper while the facts show exclusive possession on rent. - Ignoring the society's rules on tenants and police verification. ### Why use a landlord tenant dispute lawyer? Most eviction cases are won or lost on the notice and the papers filed in the first month, which is where a lawyer helps most. For premises in Mumbai, Thane and Navi Mumbai we meet at our Sanpada office and appear before the Competent Authority, the Small Causes Court and the civil courts. For premises elsewhere we advise and draft notices online and explain at the first consultation how any hearing will be handled. Where an occupant has no right at all, our page on illegal possession of property explains the civil and police remedies, and property lawyer in Mumbai covers related work. ### Frequently asked questions **On what grounds can a landlord evict a tenant in Maharashtra?** Under Sections 15 and 16 of the Maharashtra Rent Control Act, the main grounds are non-payment of rent after a 90-day demand notice, unlawful subletting, damage or unauthorised construction, nuisance, the landlord's bona fide need, reconstruction or repairs, and non-use for six months without reasonable cause. **What is the difference between a rent agreement and a leave and licence agreement?** A rent agreement creates a tenancy, which gives the occupant an interest in the property and protection under the Rent Control Act. A leave and licence agreement only permits use; it creates no interest, and the licensor can recover possession through the Competent Authority under Section 24 when it ends. **How long does an eviction case take?** A Section 24 case before the Competent Authority is a summary proceeding and is usually decided much faster than a tenancy suit. A contested tenancy suit in the Small Causes Court can take several years, more if appeals follow. **Can a licensee claim tenancy after the licence ends?** Not if the agreement is a genuine, registered leave and licence. If it is unregistered, Section 55 presumes the occupant's version of the terms, which is why registration matters so much. **What notice is needed to evict a tenant outside the Rent Control Act?** For a month-to-month lease under the Transfer of Property Act, Section 106 requires 15 days' notice. A lease for a fixed term ends on its expiry. The agreement may provide a longer notice period, which then applies. **Can a tenant be evicted if the landlord sells the property?** A sale does not end a valid tenancy or licence by itself. The buyer steps into the seller's shoes and must follow the same law to recover possession, unless the occupant agrees to leave. --- ## Legal services in India from our Navi Mumbai office URL: https://vivs.in/legal-services/ Legal services in India from VIVS Legal, Sanpada, Navi Mumbai: divorce, property, NRI and banking work since 2010, with online consultation outside Mumbai. VIVS Legal offers legal services in India from one office in Sanpada, Navi Mumbai, where we have practised since 2010. Our main work is family law, property, banking and debt recovery, and matters for NRIs. Clients outside Mumbai and Navi Mumbai consult us by phone, WhatsApp or video call and send documents by email. Below you will find each area of our work and the page that explains it, the law and forum behind each kind of matter, our published drafting fees, and how free legal aid works if you qualify for it. ### Legal services we offer #### Divorce and family law Mutual consent and contested divorce, maintenance, custody and domestic violence cases. The divorce lawyer India page sets out the personal laws, the Section 13B timetable and what each stage needs. Below it sit city pages: Mumbai, for the family courts at Bandra and CBD Belapur, and Pune, Delhi, Bengaluru, Hyderabad, Ahmedabad, Kolkata and Chennai, each naming the court that hears divorces there and how we work with clients in that city online. #### Property legal services Title checks before you pay, agreements for sale, sale deeds, registration, RERA complaints, tenancy, partition and illegal possession. The property lawyer India page covers the work; the city pages for Mumbai, Pune, Delhi, Bengaluru, Hyderabad, Ahmedabad, Kolkata and Chennai explain each state's land records, stamp duty and RERA authority. In Maharashtra we search the sub-registrar's records, read 7/12 extracts and property cards, and file before MahaRERA ourselves. #### NRI legal services The same family and property work for Indians living abroad, run through video calls and a Power of Attorney signed in their country. Our NRI legal services page explains what a Power of Attorney can and cannot do and links to the country pages for divorce and real estate. #### SARFAESI and debt recovery legal services For lenders: recovery under the SARFAESI Act and before the Debt Recovery Tribunal, and asset verification to find what a defaulter actually owns. For borrowers: replies to demand notices and DRT applications against possession or auction. A SARFAESI lawyer is most useful early, because the borrower's application has a 45-day limit. See debt resolution and litigation. #### Consumer, insurance and accident claims Complaints before the consumer commissions, rejected insurance claims, and motor accident claims for injured people and for insurers defending them. Start with consumer litigation. #### Wills, probate and trusts Wills, codicils, probate and letters of administration, and trust deeds for charitable and family trusts. See will drafting and probate. #### Corporate legal services Employment law advice, internal investigations, AML and fraud risk work, and the agreements a business runs on: NDAs, vendor, agency, franchise, partnership and LLP agreements, and director appointments and removals. See corporate investigations and AML advisory. #### Fixed-fee drafting Where the work is predictable we publish the price: will drafting from Rs 10,000, a legal notice from Rs 5,000, a Power of Attorney from Rs 7,000 and a sale deed from Rs 18,000. Stamp duty and registration fees go to the government on top. The full list is on our other legal services page, and every area above is set out by forum on the practice areas page. ### How we approach a matter Most legal problems that reach us late have the same history: a notice was ignored, a limitation period ran, or a document was signed before anyone read it properly. So the first job is to find the deadline and the document that decide the case. - Your first message. Call, WhatsApp or email a short note of the problem with copies of any notice, order or agreement. - Deadline check. We look first for anything with a time limit: the 15-day payment period in a cheque bounce notice, the 45-day DRT limit, an appeal period. - Consultation. At our Sanpada office or by video, we go through the papers and tell you what else we need. - Written advice and fee. You get the options, the forum, the likely sequence of steps and our fee in writing. - The work. We draft, file and attend courts and tribunals in Mumbai and Navi Mumbai, and report to you after each date. #### What decides the cost Drafting has a fixed published fee. Court work does not, because the bill depends on the forum, the number of hearings, whether the other side contests every step and whether evidence has to be led. We quote litigation in writing once we have read the papers, and we tell you separately what goes to the government as court fee or stamp duty. ### Where we work: Sanpada office and online legal consultation Our only office is Office 219, Haware Intelligentia Park, Plot No. 33, Sector-24, Sanpada-Turbhe Road, Navi Mumbai 400783, open Monday to Saturday, 9 AM to 6 PM. If you live in Mumbai, Thane or Navi Mumbai, you can meet us there by appointment. Everyone else works with us online. A video consultation, scanned papers by email and drafts sent back for comment cover most advice and drafting. Many filings can now be made electronically, including most RERA and consumer complaints. Clients abroad sign a Power of Attorney so that a relative in India can sign and attend for them. The city pages above describe courts and land records in other cities; they do not mean we have offices there. If your case has to be heard outside Mumbai and Navi Mumbai, we explain at the first consultation how appearances will be handled and what that costs, before you engage us. #### Who handles your matter Our advocates are Adv. Swanand Pandit (BLS, LL.B, LL.M, PGDBM, JAIIB), Advocate, High Court of Bombay, and Adv. Ashok Ingle (B.A. LL.B). Since 2010 the practice has served 500+ clients. Their profiles are on the about us page. ### Which court or authority decides your matter? The forum decides the procedure, the time limits and often the cost, so it is the first thing to settle. For matters arising in Mumbai and Navi Mumbai, these are the usual ones. | Matter | Main law | Where it is decided | | Divorce, custody, maintenance | Hindu Marriage Act, 1955; Special Marriage Act, 1954; Section 144 of the Bharatiya Nagarik Suraksha Sanhita (earlier Section 125 CrPC) | Family Court, Bandra for Greater Mumbai; Family Court, CBD Belapur for Navi Mumbai | | Title, possession, partition | Transfer of Property Act, 1882; Specific Relief Act, 1963 | Bombay City Civil Court, or the civil court for the district | | Tenant or licensee who will not leave, in Mumbai | Maharashtra Rent Control Act, 1999 | Court of Small Causes, Mumbai for tenants; the Competent Authority for licensees under Section 24 | | Delayed flat, builder default | Real Estate (Regulation and Development) Act, 2016 | MahaRERA, then its Appellate Tribunal | | Bank possession or auction | SARFAESI Act, 2002, Section 17 | Debts Recovery Tribunal, within 45 days of the bank's measure | | Cheque bounce | Negotiable Instruments Act, 1881, Section 138 | Judicial Magistrate, after a demand notice within 30 days of the bank's return memo | | Defective service, rejected insurance claim | Consumer Protection Act, 2019 | District, State or National Consumer Commission, by value | | Road accident compensation | Motor Vehicles Act, 1988, Section 166 | Motor Accident Claims Tribunal | | Proving a will | Indian Succession Act, 1925 | Bombay High Court for Mumbai; the district court elsewhere | Two procedural points catch people out. A commercial suit cannot be filed until mediation has been tried under Section 12A of the Commercial Courts Act, 2015, unless urgent interim relief is needed. And a written agreement that was never stamped cannot be admitted in evidence until the stamp duty and penalty are paid. ### What are legal services in India, and who gets free legal aid? The phrase legal services in India means two different things. One is free legal aid, a right under the Legal Services Authorities Act, 1987, delivered through the National Legal Services Authority (NALSA) and the state, district and taluka legal services authorities. The other is private practice: advice, drafting and court work by advocates whom the client pays. #### Who is eligible for free legal services in India Section 12 of the Act lists who qualifies: women and children; members of Scheduled Castes and Scheduled Tribes; victims of trafficking or begar; persons with disabilities; victims of mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake or industrial disaster; industrial workmen; people in custody; and anyone whose annual income is below the limit set by the state government or, for Supreme Court cases, by the Central Government. #### How to get it - Apply to the District Legal Services Authority at your district court, or the taluka committee nearer home - Call the NALSA helpline on 15100, or see the National Legal Services Authority website - For a pending case, ask for it to go to a Lok Adalat: a settlement there becomes an award with the force of a decree, no appeal lies from it, and court fee already paid is refunded - For advice before a case is filed, the Tele-Law scheme links people to panel lawyers by video or phone from Common Service Centres Legal aid serves many cases well. If you do not qualify, want to choose your own advocate, or the matter is a commercial one, you will need a private practice such as ours. ### Frequently asked questions **Do you have offices outside Navi Mumbai?** No. Our one office is at Haware Intelligentia Park, Sanpada, Navi Mumbai. The city pages on this site explain how divorce and property cases run in Pune, Delhi, Bengaluru, Chennai and elsewhere and how we help clients there online, but we have no office, branch or staff in any of those cities. **Can you handle a case in another city or state?** Advice, drafting and document work, usually yes, because none of it needs us to be in that city. We attend courts in Mumbai and Navi Mumbai ourselves. If your case must be heard elsewhere, we tell you at the first consultation how appearances will be managed and what that adds to the cost, so you can decide before engaging us. **Can I get legal advice online from VIVS Legal?** Yes. Book an online legal consultation by phone, WhatsApp or video call, Monday to Saturday between 9 AM and 6 PM. Email the documents beforehand so the advocate has read them. Advice that matters, such as a title opinion or a reply to a notice, follows in writing, and drafts come to you by email for comment before anything is signed. **How do I start?** Call +91 8291849797 or +91 9167710454, or write to info@vivs.in. Send a few lines on what happened, when, and what you want, with copies of any notice, order or agreement. If a notice has a reply deadline, say so in the first line. We then fix a consultation at the office or by video. **What are the main types of law in India?** Indian law is usually grouped into constitutional, criminal, civil (contracts, property and torts), family or personal law, commercial and corporate law, labour law and tax law. Each has its own statutes and forums. Our work sits in civil, family, property and banking law, and in criminal law where it grows out of those, such as cheque bounce or matrimonial complaints. **Is a service agreement legal in India?** Yes. A service agreement is a contract under the Indian Contract Act, 1872 and binds both sides if it has free consent, a lawful object and consideration. It must carry the stamp duty fixed by the state's stamp law; an unstamped agreement cannot be relied on in court until duty and penalty are paid. We draft service level agreements for businesses. **Do you act for NRIs?** Yes. NRI clients sign a Power of Attorney in the country where they live, before a notary with an apostille or at the Indian mission, and send the original to India. We then work with the person they have appointed. The NRI legal services page explains the steps and what a Power of Attorney holder cannot do for you. --- ## Divorce lawyer for mutual and contested cases URL: https://vivs.in/legal-services/divorce-lawyer-india/ Divorce lawyer for mutual consent and contested cases, maintenance and child custody. Family courts in Mumbai and Navi Mumbai; online advice across India. A divorce lawyer's first job is to tell you which route your marriage law allows, how long it will realistically take, and what it means for your children and your money. VIVS Legal handles mutual consent and contested divorces, maintenance and custody before the family courts in Mumbai and Navi Mumbai, and advises clients in other cities and abroad online. ### Mutual consent or contested: which divorce applies to you? If both of you agree to end the marriage and can settle maintenance, custody and property, a mutual consent divorce is almost always quicker and cheaper. Under Section 13B of the Hindu Marriage Act you must have lived separately for at least a year, file a joint petition, and confirm it again in a second motion. The six-month wait between the two motions can be waived by the family court in suitable cases, following the Supreme Court's ruling in Amardeep Singh v Harveen Kaur. If your spouse will not agree, the divorce is contested. You must prove one of the grounds in the law, such as cruelty, desertion for two years or adultery. Irretrievable breakdown is not a ground a family court can grant; only the Supreme Court can dissolve a marriage on that basis under Article 142. A contested case takes longer, and we often try to move it to a settlement once both sides see the evidence. ### Divorce and family law services we handle #### Mutual consent divorce Drafting the joint petition and the settlement terms, both motions, and a request to waive the waiting period where the facts support it. #### Contested divorce Petition or defence, evidence, cross-examination and arguments before the family court. As a contested divorce lawyer our work is mostly in the papers: dates, messages, medical and financial records. #### Maintenance and alimony Interim maintenance under Section 24 and permanent alimony under Section 25 of the Hindu Marriage Act, and maintenance under Section 144 of the Bharatiya Nagarik Suraksha Sanhita (earlier Section 125 CrPC), with the income affidavit the Supreme Court made compulsory in Rajnesh v Neha. #### Child custody and visitation As a child custody lawyer we argue for arrangements that actually work for the child: residence, school, visitation schedules and video contact when one parent lives abroad. #### Domestic violence and related criminal cases Applications to the Magistrate under the Protection of Women from Domestic Violence Act, 2005, and advice on complaints under Sections 85 and 86 of the Bharatiya Nyaya Sanhita (earlier Section 498A IPC). ### Divorce lawyers by city and for NRIs Which family court hears your case depends on where you married, where you last lived together and where your spouse lives now (Section 19 of the Hindu Marriage Act). Each city page explains the local courts. - Divorce lawyer in Mumbai, with our office in Sanpada for Mumbai, Navi Mumbai and Thane clients - Delhi, Pune, Bengaluru and Hyderabad - Chennai, Kolkata and Ahmedabad - If you or your spouse live abroad, start with NRI divorce ### Which law governs your divorce? India has no single divorce law. The Act depends on how and between whom the marriage took place. | Marriage | Law | Mutual consent route | | Hindu, Sikh, Jain, Buddhist | Hindu Marriage Act, 1955 | Section 13B, after one year of separation | | Registered civil or inter-faith marriage | Special Marriage Act, 1954 | Section 28, after one year of separation | | Christian | Divorce Act, 1869 | Section 10A, after two years of separation | | Parsi | Parsi Marriage and Divorce Act, 1936 | Section 32B, before the Parsi matrimonial court | | Muslim | Muslim personal law and the Dissolution of Muslim Marriages Act, 1939 | Khula or mubarat; instant triple talaq is void under the 2019 Act | Our guide to divorce under Hindu law covers the grounds and procedure in more detail. ### How a divorce case runs with us We start with a frank conversation about what you want: speed, the children, the house, money, or simply an end. The plan follows from that. - Consultation. Your facts, your goals and the route the law allows. - Papers. Marriage certificate, proof of separate residence, income and asset details, and anything that supports the grounds. - Strategy and settlement terms. What to ask for in maintenance, custody and property, and what a court is likely to accept. - Filing. Petition or joint petition before the right family court, with interim applications if needed. - Hearings and mediation. Most family courts send couples to mediation first; we prepare you for it. - Decree and after. The decree, its certified copy, and follow-up such as name changes, passport records or execution of maintenance orders. ### Where we work: family courts in person, other cities online Our office is in Sanpada, Navi Mumbai. We appear before the Family Court at Bandra for Greater Mumbai and the family courts that hear Navi Mumbai and Thane matters. For cases in other cities we advise and draft online and can help with mutual consent filings that need limited appearances. Where a contested hearing must be attended in another state, we explain at the first consultation how the appearance will be handled and what it will cost. An online divorce consultation by video is often the easiest first step for working clients and NRIs. ### How long does a divorce take in India? A mutual consent divorce usually takes six to eighteen months from filing, and less if the court waives the waiting period. A contested divorce commonly takes two to five years, depending on the court's load, the number of witnesses and whether interim applications are fought hard. Many contested cases end as mutual consent divorces once the settlement terms are agreed. That conversion is often the single biggest time saver. ### What decides the cost of a divorce lawyer? We quote in writing after the first consultation. The cost depends on whether the divorce is mutual or contested, the number of related cases (maintenance, domestic violence, custody, criminal complaints), how many hearings are likely, and whether property or business assets must be valued. A mutual divorce with agreed terms costs far less than a contested case with parallel proceedings. ### Frequently asked questions **What are the grounds for divorce in India?** Under Section 13 of the Hindu Marriage Act the main grounds are cruelty, desertion for at least two years, adultery, conversion to another religion, serious mental disorder, renunciation of the world and not being heard of for seven years. A wife has some additional grounds under Section 13(2). Other personal laws have similar lists. **Can I get a divorce if my spouse does not agree?** Yes, through a contested divorce, but you must prove a ground the law recognises, such as cruelty or desertion. Refusal to agree is not itself a bar. The case takes longer, and the court will usually try mediation before trial. **Can the six-month waiting period in mutual divorce be waived?** Yes. The family court can waive it where the couple had already lived apart for eighteen months or more when the first motion was filed, all issues are settled and mediation has failed. The Supreme Court laid down these conditions in Amardeep Singh v Harveen Kaur (2017). **How is child custody decided in India?** The court decides on the welfare of the child, not the rights of either parent. It looks at the child's age, schooling, who has been the main carer, and each parent's home and work. Very young children often stay with the mother, but there is no fixed rule, and the other parent usually gets visitation. **Can I file for divorce within one year of marriage?** Under Section 14 of the Hindu Marriage Act, no petition can be filed within one year of the marriage unless the court allows it for exceptional hardship or depravity. For mutual consent, you must also have lived separately for one year before filing. **Is an online divorce consultation enough to start?** Yes. Most of the first stage is advice and drafting, which works well over video and email. You will still need to sign the petition and, for mutual consent, appear before the court or by video where the court allows it. **Does a husband have to pay maintenance if the wife works?** Not automatically. Courts compare both incomes, the standard of living during the marriage and the needs of any children. A working wife may still get maintenance if her income is much lower, and a husband can claim maintenance under Sections 24 and 25 of the Hindu Marriage Act in suitable cases. --- ## Property lawyer for buyers, owners and heirs URL: https://vivs.in/legal-services/property-lawyer-india/ Property lawyer for buyers, owners, heirs and NRIs: title checks, sale deeds, RERA, partition and possession cases. Office in Navi Mumbai, online across India. A property lawyer checks that what you are buying is really the seller's to sell, drafts and registers the papers, and fights for you when a builder, a co-owner or an occupant will not do what the law requires. At VIVS Legal this is the core of our practice since 2010, from our office in Sanpada, Navi Mumbai, with clients across India served online. ### What does a property lawyer actually do? Most people call a property lawyer at one of two moments. Before a purchase, when they want to be sure the flat or plot is clean. Or after something has gone wrong, when a builder has stopped work, a brother has sold the family house, or a tenant will not leave. In the first case the work is checking and drafting: a title search over the last 30 years of records, the agreement for sale, the sale deed, stamp duty and registration. In the second it is advice and, if needed, litigation: a notice, a suit, a RERA complaint or a police complaint where there is forgery. A good real estate lawyer will tell you early which of these your matter actually needs, and which steps would only cost you money. ### Property legal services we handle Each service below has its own page with the procedure, documents and timelines. Pick the one closest to your situation. #### Before you buy: title search and due diligence We read the chain of title, the 7/12 extract or property card, society records, encumbrances and pending cases, and give you a written report. See title search. #### Drafting and registration Agreement for sale, sale deed, gift deed, release deed, leave and licence, lease and power of attorney, with stamp duty worked out and registration handled. Our fixed-fee sale deed drafting includes a title check. #### Builder delays and RERA Complaints for delayed possession, refund with interest, defects and changed plans before the RERA authority. See RERA complaints. #### Family property and partition Division of ancestral or jointly owned property, by agreement where possible and by a partition suit where not. #### Possession, tenants and occupants Recovering a flat from an occupant or a licensee who has overstayed, and eviction under the rent law. See landlord and tenant disputes. #### Property tied to a loan SARFAESI notices, DRT proceedings and asset tracing for lenders, handled by our debt resolution practice. ### Property lawyers by city Land records, stamp duty and the authorities that approve buildings change from state to state, so each city page explains what is local. Mumbai and Navi Mumbai clients can meet us at the Sanpada office. For the other cities we work online and say so plainly. - Property lawyer in Mumbai, with Thane and Kharghar covered on their own pages - Delhi, Pune and Bengaluru - Chennai, Hyderabad, Kolkata and Ahmedabad ### Which law and which forum decides a property dispute? Picking the wrong forum wastes a year. This is the short version of where each kind of property problem usually goes. | Problem | Main law | Where it is decided | | Builder delays possession or changes the plan | Real Estate (Regulation and Development) Act, 2016 | State RERA authority, then the Appellate Tribunal | | Co-owners cannot agree on division | Partition Act, 1893 and the personal succession law | Civil court | | Someone took possession without right | Specific Relief Act, 1963 | Civil court; Section 6 suit within six months of dispossession | | Forged deed or impersonation at registration | Bharatiya Nyaya Sanhita, 2023 and the Specific Relief Act | Police and magistrate, plus a civil suit for cancellation | | Licensee or tenant will not vacate in Maharashtra | Maharashtra Rent Control Act, 1999 | Competent Authority or Small Causes Court | | Bank takes symbolic possession of a mortgaged flat | SARFAESI Act, 2002 | Debts Recovery Tribunal | | Society refuses a transfer or NOC in Maharashtra | Maharashtra Co-operative Societies Act, 1960 | Registrar or Co-operative Court | ### How we approach a property matter Every file starts with the papers, not with a promise. We read what you have, tell you what is missing and give you an honest view of your position before anything is filed or signed. - First call. You tell us what happened or what you plan to buy. We say whether it is something we handle and what we need to see. - Document review. Sale deeds, agreements, the index of registered documents, tax receipts, society papers, notices received. - Written opinion. Your legal position, the options, the likely time each takes and the cost, in writing. - Action. Drafting and registration, a legal notice, negotiation, or filing before the right court or authority. - Follow-through. Hearings, compliance, mutation in the revenue or municipal records, and closure. ### When should you call a property advocate? Earlier than most people do. The cheapest property dispute is the one that never starts because the problem was found before the money was paid. - Before paying any token amount on a resale flat or a plot - When a builder misses the possession date in the agreement - When a parent has died and the house is in the parent's name - When you receive a notice from a bank, a society, a co-owner or a court - When someone else's name appears in the property records without your knowledge - When you live abroad and someone in India is managing or occupying your property ### Where we work: Sanpada office and online We have one office, at Haware Intelligentia Park in Sanpada, Navi Mumbai. Clients from Mumbai, Navi Mumbai and Thane often prefer to meet there with their papers. For property in other cities we work online: consultation by phone or video, documents by email, drafting, and filings that can be made remotely. If a matter needs a hearing in another state, we tell you at the first consultation how the appearance will be handled and what it will cost. NRIs can act through a registered power of attorney; our NRI property page explains how. ### What decides the cost of a property lawyer? The fee depends on what the matter needs, so we quote it in writing after reading the papers. What moves it: the number of documents in the title chain, whether a court case is already pending, how many hearings a dispute is likely to take, and whether the property is in Maharashtra or elsewhere. Simple drafting work has fixed fees, listed on our drafting services page. Stamp duty and registration charges are paid to the government separately and are not part of our fee. ### Frequently asked questions **What is the difference between a property lawyer and a property legal advisor?** In practice none: both describe an advocate who handles property work. Some people use 'legal advisor' for checking and drafting and 'property dispute lawyer' for court work. At VIVS Legal the same advocates do both, which helps, because a dispute often turns on how the original documents were drafted. **Do I need a lawyer to buy property in India?** The law does not require one, but buying without a title check is the most common reason for later disputes. A property lawyer verifies ownership, encumbrances and approvals, drafts the agreement and the deed, and checks the stamp duty. For a resale flat the title search alone often saves far more than it costs. **How long does a property dispute take in India?** It depends on the forum. A RERA complaint is usually decided in months, while a civil suit for partition or possession can take several years. Many family disputes settle earlier through negotiation or court mediation, and we always look at that route first when it protects your position. **Can a property lawyer help with property transfer after a death?** Yes. The route depends on whether there is a will, the religion of the person who died and the type of property. It may involve a succession certificate, probate, a release deed among heirs, and mutation in the municipal or revenue records. Our page on inheritance without a will explains the rules. **Do you handle property matters outside Maharashtra?** Yes, online. Title review, drafting, opinions and many filings can be done remotely from our Navi Mumbai office. Where a hearing is needed in another state, we explain at the first consultation how it will be handled and what it will cost before you decide. **What documents should I keep ready for a property consultation?** Whatever you have: the agreement or sale deed, the index of registered documents, the 7/12 extract or property card, society share certificate, tax receipts, the loan sanction letter if there is a loan, and any notice you have received. Phone photographs are enough for the first discussion. **What is property conveyancing?** Conveyancing is the legal work of transferring property from one person to another: checking title, drafting the agreement and the conveyance deed, paying stamp duty, registering the deed and updating the records. In India the conveyance deed is usually a sale deed, gift deed or release deed, registered at the sub-registrar's office. --- ## Motor accident claim tribunal (MACT): claims, compensation and appeals URL: https://vivs.in/mact-claims/ How a motor accident claim tribunal (MACT) works since 1 April 2022: who can claim, the six-month limit, how compensation is worked out, and appeals. A motor accident claim tribunal (MACT) decides compensation for death, injury and property damage caused by motor vehicles. MACT stands for Motor Accident Claims Tribunal. State governments set these tribunals up under Section 165 of the Motor Vehicles Act 1988, and a claim is filed under Section 166, now within six months of the accident. There is no separate 'MACT Act': the Motor Vehicles Act, as amended in 2019, is the law, and its new claims provisions have been in force since 1 April 2022. VIVS Legal acts for injured people and bereaved families, and for insurers and owners defending claims, from our office in Sanpada, Navi Mumbai. ### MACT claims we handle #### Death claims for the family A claim for loss of dependency by the spouse, children and parents of a person killed in a road accident, worked out on the Supreme Court's method set out further down this page. #### Injury and disability claims Medical costs, lost earnings and, where the injury leaves a permanent disability, the loss of future earning capacity, proved through the treating doctor's evidence. #### Hit-and-run and uninsured vehicles The fixed payment under Section 161 where the vehicle is never traced, and claims against the owner personally where the vehicle had no valid insurance. #### Insurance company MACT defence For insurers, fleet operators and vehicle owners: checking the claim, policy defences and settlement where liability is clear. #### MACT appeals in the High Court Appeals under Section 173 against awards that are too low or too high, and cross-objections, in the Bombay High Court. #### City pages and guides For the Mumbai tribunal, see MACT claims in Mumbai and our Mumbai MACT filing guide. For what to do in the first days after an accident, read the step-by-step accident claim guide. City notes: Pune, Delhi and Bengaluru. ### How we approach a MACT claim Most awards are cut for the same reasons: income that was never proved, a disability figure the doctor never explained, a legal heir left out, or police papers with a wrong vehicle number. We deal with those early, while witnesses can still be found and records can still be corrected. #### For injured people and families - Read the police papers first and get errors corrected while that is still easy - Choose the tribunal under Section 166(2) and file within the six-month limit - Build the income evidence: salary slips, returns, bank statements, business records - Prepare the doctor who assessed the disability to give evidence on what it does to your work - Work out the claim on the Supreme Court method before any offer is considered - Follow the award through to deposit, release of the money and, if needed, appeal #### For insurers, fleet operators and owners The aim is an award that rests on proof. We verify the accident and the vehicle's involvement, raise policy defences such as an unlicensed driver or use outside the permit, test income and disability evidence in cross-examination, and settle early where liability is plain, which stops interest running. Where the insurer pays the victim despite a policy breach, we seek a pay-and-recover direction against the owner, a remedy the Supreme Court approved in National Insurance Co v Swaran Singh (2004). ### MACT case procedure, stage by stage - Police papers. The FIR, spot panchnama, vehicle inspection report, the driving licence and the vehicle's registration and insurance. Under the rules in force since 2022, the police send a first accident report to the tribunal within 48 hours and a detailed accident report within 90 days. - Claim petition. Filed with medical records, income proof and, for a death, the post-mortem report and proof of the legal heirs. The owner, driver and insurer are made respondents. Under Section 166(4) the tribunal also treats the detailed accident report as a claim application. - The insurer's response. The insurer may make a settlement offer under Section 149, or file a written statement raising its defences. - Evidence. Claimants file affidavits and are cross-examined. In injury cases the doctor usually has to give evidence; a disability certificate on its own is often not enough. - Award. The tribunal fixes just compensation under Section 168 and interest under Section 171. Part of a large award is often kept in fixed deposits, and the rest is paid through a bank account; several banks offer a MACT claims savings account for this. - Appeal, if needed. Either side can appeal to the High Court under Section 173 within ninety days. A contested claim usually takes one to three years at the tribunal. Many settle earlier at a Lok Adalat. Before you accept any offer, have the compensation worked out on the method below, because a quick settlement cannot easily be reopened. ### Where we work: Sanpada office and online We work from Office 219, Haware Intelligentia Park, Sector-24, Sanpada-Turbhe Road, Navi Mumbai 400783, and act before the tribunals that hear Mumbai and Navi Mumbai claims, with appeals in the Bombay High Court. Meetings at the office are by appointment, Monday to Saturday, 9 AM to 6 PM. For an accident elsewhere, we read the police papers and medical records online, advise on where to file under Section 166(2), work out the compensation and draft the claim. A family in Mumbai whose relative died on a highway in another state can usually file in Mumbai, where they live. If your claim must run before a tribunal in another city, we tell you at the first consultation how hearings will be handled there and what that costs. Call +91 8291849797 or +91 9167710454, or write to info@vivs.in. ### What is a motor accident claim tribunal? A motor accident claim tribunal is a body set up by a state government under Section 165 of the Motor Vehicles Act 1988 to decide compensation for road accidents involving motor vehicles. Its member must be, or have been, a High Court judge or a District Judge, or be qualified to be appointed as one. Large cities often have several tribunals; elsewhere district judges are commonly notified to sit as the tribunal. The tribunal has the powers of a civil court to take evidence on oath, summon witnesses and call for documents (Section 169). It follows a simpler procedure than a civil suit, and under Section 168 it must award compensation that is just, which can be more than the amount claimed. #### Is a MACT case civil or criminal? Civil. The criminal case against the driver runs separately before a magistrate under the Bharatiya Nyaya Sanhita: Section 106(1) for causing death by negligence (earlier Section 304A IPC), Section 281 for rash driving (earlier Section 279 IPC) and Section 125 for endangering life or causing hurt (earlier Sections 336 to 338 IPC). The two cases share papers, but one does not decide the other. The driver can be acquitted and the claim still succeed, because the tribunal decides on the balance of probabilities. ### Fault-based claims and fixed sums under the amended Act Most claims are fault-based claims under Section 166. You show that the accident was caused by the negligent driving of the vehicle, and the tribunal assesses your full loss. This is the route that pays for lost income, future earnings and long-term care. Section 164, in force from 1 April 2022, gives a fixed sum without any need to prove negligence: Rs 5 lakh for death and Rs 2.5 lakh for grievous hurt, payable by the owner or insurer. It replaced the old no-fault payment under Section 140 and the structured-formula claim under Section 163A, both now gone. A guide that still tells you to apply under Section 140 describes the old law. The two routes interact. If you accept a Section 164 payment through the insurer's settlement process under Section 149, your claim petition before the tribunal lapses. So the choice between the fixed sum and a full claim should be made with the numbers in front of you, before anything is signed. #### Hit-and-run cases, and cashless treatment Where the vehicle is never identified, Section 161 and the Compensation to Victims of Hit and Run Motor Accidents Scheme, 2022 provide Rs 2 lakh for death and Rs 50,000 for grievous hurt. This is claimed through the claims enquiry officer of the area, not before the tribunal. If the vehicle is traced later, a regular claim can still be made, and the hit-and-run payment is adjusted. Separately, Section 162 provides for cashless treatment of accident victims, and a central scheme now pays designated hospitals for treatment for a limited period after the accident, so ask the hospital about it at admission. ### Who can file a MACT claim, where, and by when Under Section 166(1) a claim can be made by the injured person, the owner of damaged property, the legal representatives of a person who died, or an agent authorised by any of them. Every legal representative must be before the tribunal, so any who do not join as claimants are added as respondents. Under Section 166(2) the claimant picks the tribunal: where the accident happened, where the claimant lives or carries on business, or where the defendant lives. That choice matters when the accident was far from home, because every date means a trip. Section 166(3), in force since 1 April 2022, says a claim will not be entertained unless it is made within six months of the accident. Do not plan around arguments that the limit can be relaxed: file within six months. Treatment does not have to be finished first, since medical evidence can be added as it develops. ### How is MACT compensation calculated? For a death, the tribunal works out the family's loss of dependency on the method the Supreme Court settled in Sarla Verma v Delhi Transport Corporation (2009) and National Insurance Co v Pranay Sethi (2017): - Take the deceased's annual income, after income tax. - Add future prospects. For a person in a permanent job: 50 per cent if under 40, 30 per cent from 40 to 50, 15 per cent from 50 to 60. For the self-employed or those on a fixed wage: 40, 25 and 10 per cent for the same age bands. - Deduct the deceased's own personal expenses: one-half for a bachelor; for a married person, one-third with two or three dependants, one-fourth with four to six, one-fifth with more than six. - Multiply by the figure for the deceased's age, from the table below. - Add the fixed heads: loss of estate, funeral expenses and consortium, set in 2017 at Rs 15,000, Rs 15,000 and Rs 40,000 and raised by 10 per cent every three years. After Magma General Insurance v Nanu Ram (2018), consortium goes separately to the spouse, each child and each parent. | Age of the deceased | Multiplier | | 15 to 25 | 18 | | 26 to 30 | 17 | | 31 to 35 | 16 | | 36 to 40 | 15 | | 41 to 45 | 14 | | 46 to 50 | 13 | | 51 to 55 | 11 | | 56 to 60 | 9 | | 61 to 65 | 7 | | Above 65 | 5 | An illustration, not a prediction for any case: a married 34-year-old in a permanent job earning Rs 30,000 a month after tax, survived by a spouse and two children. Annual income is Rs 3,60,000. Adding 50 per cent future prospects gives Rs 5,40,000, and deducting one-third for personal expenses leaves Rs 3,60,000. Multiplied by 16, that is Rs 57.6 lakh for loss of dependency, before the fixed heads and interest. #### Injury claims For injuries, the tribunal awards medical expenses, future treatment, earnings lost during treatment, pain and suffering, loss of amenities and, where there is permanent disability, loss of future earning capacity. In Raj Kumar v Ajay Kumar (2011) the Supreme Court explained that what counts is the effect of the disability on the person's ability to earn, not the medical percentage alone. A leg injury rated at a modest percentage can end a delivery rider's work entirely. ### MACT appeal to the High Court, and review of an award An appeal against an award lies to the High Court under Section 173, within ninety days of the award; the High Court can admit a late appeal if there was sufficient cause. An owner or insurer who appeals must first deposit Rs 25,000 or half the amount awarded, whichever is less. No appeal lies where the amount in dispute is less than Rs 1 lakh. Claimants can appeal for higher compensation, and a respondent can file cross-objections. Appeals from awards in Maharashtra go to the Bombay High Court. #### Can a motor accident claims tribunal award be reviewed? Only within narrow limits. The tribunal can correct clerical or arithmetical mistakes, and an award passed without hearing a party who was never served can be challenged before it. A wrong decision on the facts or the law is corrected by an appeal under Section 173, not by asking the tribunal to think again. ### Frequently asked questions **What is the full form of MACT?** MACT stands for Motor Accident Claims Tribunal. It is set up by the state government under Section 165 of the Motor Vehicles Act 1988 to decide compensation claims arising from road accidents involving motor vehicles: death, bodily injury and damage to property. People often call it the MACT court, but it is a claims tribunal presided over by a judicial officer. **Is an FIR mandatory for a MACT claim?** No law makes an FIR a precondition, and the accident can be proved by other evidence such as hospital records and witnesses. In practice, though, the FIR, the spot panchnama and the police accident report carry most claims, and the tribunal treats the detailed accident report as a claim application. If no FIR was registered, give a written complaint to the police at once and keep a stamped copy. **What is the time limit for filing a MACT claim?** Six months from the date of the accident, under Section 166(3) of the Motor Vehicles Act, which has applied since 1 April 2022. Guides written before that date are out of date on this point. Do not wait for treatment to finish or for the criminal case to end: file the claim and add medical evidence as it develops. **How long does a MACT case take?** A contested claim usually takes one to three years at the tribunal, depending on how many witnesses are needed and whether the insurer disputes liability. Claims that settle at a Lok Adalat finish much sooner, and an appeal to the High Court adds more time. Complete police papers and income proof at the start shorten every stage. **Who pays the compensation in a MACT case?** Usually the insurer of the vehicle at fault, under the compulsory third-party cover. The award is passed against the owner, driver and insurer, and the insurer deposits the amount. If the vehicle had no insurance, the owner and driver are personally liable. If the insurer proves a breach of the policy, it may still be told to pay the victim and recover the money from the owner. **Can I claim if I was partly at fault?** Yes. If the tribunal finds that you contributed to the accident, for example by riding on the wrong side or overtaking dangerously, it reduces the compensation by your share of the fault instead of rejecting the claim. That share is decided on the evidence, so the police sketch, photographs and witness accounts matter a great deal. **Can the family claim if the person who died was a homemaker or had no income?** Yes. In Kirti v Oriental Insurance (2021) the Supreme Court confirmed that a homemaker's work has economic value, and tribunals fix a notional income for it. A notional income is also used for students and others without earnings. Documents showing education, skills and the family's circumstances help the tribunal reach a fair figure. **If two vehicles caused the accident, can I claim from one insurer alone?** Yes. Where two or more drivers were jointly negligent, the Supreme Court held in Khenyei v New India Assurance (2015) that the victim can recover the whole compensation from any one of them, or their insurer. The tribunal may apportion fault between the vehicles, and the one that pays can recover the other's share later. You do not have to chase both. **Do I need a lawyer for a MACT claim?** The law does not require one, and you can file before the motor accident claim tribunal yourself. But the insurer will be represented, and most reductions come from gaps in evidence: income not proved, disability not explained by the doctor, or legal heirs left out. If you file without a lawyer, at least have the claim and the compensation worked out by someone who does this work before the first hearing. --- ## Mutual fund compliance and legal advice URL: https://vivs.in/mutual-funds/ Mutual fund compliance and legal advice under the SEBI (Mutual Funds) Regulations 1996 for AMCs, trustees and distributors, plus help for investors and heirs. Mutual fund compliance means meeting the SEBI (Mutual Funds) Regulations, 1996 and SEBI's circulars at every level: the sponsor, the trustees, the asset management company and the distributors who sell the schemes. We advise these entities on their obligations, and we also help investors and their families with transmission of units and complaints. We are a law firm, not a SEBI-registered adviser or distributor, and we do not recommend schemes. ### How a mutual fund is structured in India | Entity | Role | Main legal duty | | Sponsor | Sets up the fund and contributes to the AMC's net worth | Meets SEBI's eligibility conditions | | Trustees | Hold the fund's assets for unit holders and supervise the AMC | Protect unit holders' interests; at least two-thirds must be independent | | Asset management company | Runs the schemes | Manages schemes as per the offer documents and the regulations | | Custodian and registrar | Hold securities; keep investor records | Safekeeping and accurate records | | Distributors | Sell schemes to investors | AMFI registration, suitability and commission disclosure | ### What are the powers and duties of a mutual fund trustee? Trustees are the investors' watchdog. They must make sure the AMC manages each scheme according to its offer document and the regulations, that transactions with associates are on fair terms, that investors' complaints are dealt with, and that conflicts of interest are managed. They can call for information, and they must report to SEBI where the AMC is not complying. Trustees who sign off on board papers without reading them carry real personal risk if something goes wrong. ### Mutual fund compliance for AMCs and distributors #### For AMCs - Offer documents (scheme information document, statement of additional information, key information memorandum) and their updates. - Advertisement and communication rules, including social media posts by staff. - Related party and associate transactions, and investment limits. - Policies required by SEBI circulars, and audit and inspection responses. #### For distributors - AMFI registration and the code of conduct. - Commission disclosure to investors, and the line between distribution and investment advice. - Records of suitability and of what the investor was told. ### What happens to mutual fund units when an investor dies? When a unit holder dies, the units pass to the nominee or the legal heirs through transmission. The registrar asks for the death certificate, the claimant's KYC and, depending on the amount and whether there was a nominee, an indemnity, a no-objection from other heirs, or a succession certificate or probate. Remember that a nominee holds units for the legal heirs, as the Supreme Court made clear in 2023; our page on wealth management legal advisory explains this. For mis-selling or service complaints, start with the AMC's grievance cell, then SEBI's SCORES platform, and then online conciliation and arbitration under SEBI's dispute resolution framework. ### Mutual fund regulations in India: the main sources - SEBI Act, 1992, and the SEBI (Mutual Funds) Regulations, 1996. - SEBI's Master Circular for Mutual Funds and later circulars. - The Indian Trusts Act, 1882, since a mutual fund is constituted as a trust. - AMFI's guidelines and code of conduct for distributors. ### How we work with you - Scope. A compliance review, a specific transaction, an inspection response or a complaint. - Documents. Offer documents, policies, board minutes, agreements or investor correspondence. - Advice. A written view on the obligation and the risk. - Drafting. Policies, replies to SEBI or AMFI, agreements or complaints. - Follow-up. Hearings, settlement or arbitration where needed. We work from Sanpada, Navi Mumbai, and online. Related pages: equities and SEBI matters and portfolio management services. ### Where do compliance gaps usually appear? - Distributors giving advice for a fee without registering as investment advisers. - Marketing posts by staff that breach the advertisement rules. - Trustee minutes that record approval without any discussion of the issue. - Transmission requests stuck because the heirs' documents do not match the folio details. ### Frequently asked questions **What is mutual fund compliance?** It is the set of legal obligations that sponsors, trustees, AMCs and distributors must meet under the SEBI (Mutual Funds) Regulations, 1996 and SEBI's circulars, covering offer documents, investments, disclosures, advertisements, investor complaints and governance. **Can a mutual fund distributor give investment advice?** A distributor can explain products it sells, but giving investment advice for a fee requires registration as an investment adviser under SEBI's rules. The two roles are kept separate to avoid conflicts of interest. **How are mutual fund units transferred after death?** Through transmission. The nominee or legal heirs apply to the registrar with the death certificate, KYC documents and the forms required. Larger amounts or disputes among heirs may need a succession certificate or probate. **Where do I complain about a mutual fund?** First to the AMC's investor service centre or grievance officer. If the reply is unsatisfactory, file on SEBI's SCORES platform. Unresolved disputes can then go to online conciliation and arbitration under SEBI's framework. **Does VIVS Legal recommend mutual fund schemes?** No. We give legal advice only. Scheme selection belongs with you and a SEBI-registered investment adviser. --- ## NRI legal services for property, divorce and succession in India URL: https://vivs.in/nri-legal-services/ NRI legal services from Sanpada, Navi Mumbai: property, divorce, succession and Power of Attorney work in India, handled online for Indians living abroad. VIVS Legal provides NRI legal services from its office in Sanpada, Navi Mumbai, for Indians living in the USA, UK, Canada, Australia, the Gulf and elsewhere. We handle property, divorce, succession and banking matters in India by phone, WhatsApp and video call, with a registered Power of Attorney for the steps someone must sign or attend. This page sets out what we handle, the country pages beneath it, the rules that apply to NRIs, and an honest list of what can and cannot be done from abroad. ### NRI legal services we handle #### Divorce, maintenance and custody Filing in India from abroad, answering a petition your spouse has filed here, and testing whether a foreign divorce will hold in India. Our NRI divorce lawyer page covers jurisdiction, the personal laws and video hearings for every country. #### Buying, selling and looking after property Title checks before you buy, sale deeds signed through your attorney, tenants and caretakers, and the tax deducted when you sell. The NRI real estate page explains each step under the FEMA rules. #### NRI property disputes Encroachment, forged sale deeds, relatives who will not share or leave, and tenants who stop paying. Read illegal possession of NRI property for the civil and criminal remedies, and our page on partition suits if the dispute is among heirs. #### Inheritance, succession certificates and probate Bringing a parent's flat, bank deposits or shares into your name: probate where there is a will, a succession certificate or legal heir certificate where there is not, then mutation in the land or society records. See will drafting and probate. #### Power of Attorney drafting A Power of Attorney written for the specific job, whether a sale, a court case or a bank account, with signing instructions for your country. Our Power of Attorney drafting is from Rs 7,000. #### Banking and money matters Frozen accounts, cheque bounce cases where you are the payee, consumer complaints against builders or insurers, and recovery of money lent to someone in India. #### Pages for your country Each country page covers that country's signing route for documents and the questions its residents ask most. The UAE pages also cover each emirate. - USA: divorce and family and property. - UK: divorce and family and property. - Canada: divorce and family and property. - Australia: divorce and family and property. - UAE: divorce and family and property. - Singapore: divorce and family and property. - New Zealand: divorce and family and property. - Saudi Arabia: divorce and family and property. - Qatar: divorce and family and property. - Kuwait: divorce and family and property. - Oman: divorce and family and property. - Bahrain: divorce and family and property. ### How we approach an NRI matter An NRI matter usually involves three people: you, abroad; the person you appoint in India, often a parent or sibling; and us in Navi Mumbai. Most problems we are asked to fix later began with a Power of Attorney that was too wide, too vague for the sub-registrar, or never stamped. So we settle the document before anything else. - First call. A video or phone consultation on the facts, with your documents emailed beforehand. - A written plan. Which court or office is involved, what your attorney can do, and which steps need you in person or on video. - The Power of Attorney. We draft one limited to the task and send it with signing instructions for your country. - Signing abroad. You sign before a notary and obtain an apostille, or sign at the Indian mission, and courier the original to India. - Stamping and use. The original is stamped in India within three months of arrival and, where needed, filed with the sub-registrar or the court. - The work and reports. We act with your attorney and send you an update after each date or step. #### Which NRI matters can be handled without coming to India? Most of the paperwork, but not every step. The table shows where the line usually falls. | Step | Your attorney in India can | Usually needs you | | Selling or buying a flat | Sign the deed and present it for registration under a specific Power of Attorney. | Nothing further, if the Power of Attorney is properly signed and stamped. | | Civil suit or complaint | File it, sign as your recognised agent and attend routine dates. | Your own evidence on facts only you know, by video where the court allows. | | Mutual consent divorce | File the petition and attend routine dates. | Your consent statements, which many family courts now record by video. | | Probate or succession certificate | File the petition and attend most dates. | Usually nothing; if the will is contested, an attesting witness must give evidence. | | Bank accounts | Operate the account within the bank's own Power of Attorney rules. | KYC updates, which banks often want from you directly. | The evidence point comes from Janki Vashdeo Bhojwani v. IndusInd Bank (2005): a Power of Attorney holder cannot depose to facts within the principal's personal knowledge. The video point comes from Amardeep Singh v. Harveen Kaur (2017), where the Supreme Court allowed family courts to use video conferencing. We tell you at the start which of these steps your matter involves. ### Can an NRI give a power of attorney for property in India? Yes. An NRI can appoint a person in India to buy, sell, let or manage property, or to run a court case, by a Power of Attorney signed abroad. It is authority to act for you, not a transfer of the property. Since Suraj Lamp & Industries v. State of Haryana (2011), a so-called GPA sale passes no title, so a buyer who is handed only a Power of Attorney owns nothing. #### Making it usable in India - Make it specific: name the property or case and list each act allowed, such as signing, presenting for registration and receiving money into a named account. - Sign it before a notary and obtain an apostille if your country is a party to the Apostille Convention, or before a consular officer at the Indian embassy or consulate. - For registration work, Section 33 of the Registration Act, 1908 accepts a Power of Attorney signed abroad if a notary or an Indian consular officer authenticated it. - Pay stamp duty in India within three months of the original first arriving here, or it may be impounded with a penalty. - Limit its duration, ask for copies of everything signed under it, and revoke it by a registered deed if trust breaks down, telling everyone who relied on it. #### Signing routes in the main countries | Country | Notary and apostille | Or sign at | | USA | Apostille from the Secretary of State of the state where the notary is commissioned. | The Embassy of India in Washington DC or a Consulate General. | | UK | Apostille from the FCDO Legalisation Office. | The High Commission of India in London or a Consulate General. | | Canada | Apostille from Global Affairs Canada, or from the province that issues its own (Ontario, British Columbia, Alberta, Quebec, Saskatchewan) since January 2024. | The High Commission of India in Ottawa or a Consulate General. | | Australia | Apostille from the Department of Foreign Affairs and Trade. | The High Commission of India in Canberra or a Consulate General. | | UAE | Most UAE clients use the mission route instead. | The Embassy of India in Abu Dhabi or the Consulate General in Dubai. | Mission appointment rules and outsourced service centres change, so confirm the current process on the mission's website before you book. ### Where we work: Navi Mumbai office, online for clients abroad We have one office, in Sanpada, Navi Mumbai, open Monday to Saturday from 9 AM to 6 PM India time. Gulf clients share most of that day with us. UK clients usually call in their morning, Australian clients in their afternoon, and clients in North America early in their morning, which is the end of our day. We appear in courts in Mumbai and Navi Mumbai. We advise on property and family law wherever in India the property or the marriage is, and we file MahaRERA complaints and online consumer complaints ourselves. If your case must be heard in another state, we tell you at the first consultation how appearances there will be handled and what that will cost. Questions about the law of the country you live in, such as your divorce rights there or how it taxes your Indian income, need a lawyer licensed in that country. We will say when you have reached that point. Our advocates are Adv. Swanand Pandit and Adv. Ashok Ingle; read more on the about us page. ### Key law for NRIs: property, tax, succession and foreign decrees | Question | Law | What it means for you | | What can I buy? | Foreign Exchange Management (Non-Debt Instruments) Rules, 2019. | An NRI or OCI cardholder can buy residential or commercial property, but not agricultural land, a farm house or plantation property. | | How must I pay? | The same Rules. | Through normal banking channels or from an NRE, NRO or FCNR(B) account, never in foreign currency notes. | | What if I inherit? | The same Rules; Hindu Succession Act, 1956 or Indian Succession Act, 1925. | Any property can be inherited, farmland included; inherited farmland can later be sold or gifted only to a resident Indian citizen. | | Tax when I sell | Income-tax Act, 2025, in force from 1 April 2026 (earlier Section 195 of the 1961 Act). | The buyer deducts tax at source on the price; a lower deduction certificate from the Income-tax Department can reduce it. | | Sending money abroad | FEMA rules on remittance of assets. | Up to USD 1 million each financial year from NRO balances, sale proceeds included, with the bank's tax paperwork. | | Is my foreign divorce valid here? | Section 13, Code of Civil Procedure, 1908. | Tested under Y. Narasimha Rao v. Y. Venkata Lakshmi (1991): the ground and the other spouse's participation or consent matter. | #### NRI succession certificate, legal heir certificate or probate? A succession certificate is an order of a civil court under Part X of the Indian Succession Act, 1925 that lets the holder collect a deceased person's debts and securities, such as bank deposits and shares. A legal heir certificate is issued by the revenue authority and is mostly used for pensions, utility transfers and some mutations. Probate is the court's certification of a will, and it is compulsory for most wills made in Mumbai or dealing with immovable property there (wills of Muslims and Indian Christians are exempt). An NRI heir can apply for any of them through an attorney in India; the court or office publishes notice and waits for objections, so allow several months. ### Frequently asked questions **Where can I find NRI legal help in India?** From an advocate enrolled in India who does NRI work regularly. Check the enrolment with the State Bar Council and ask who will actually appear in the court concerned. Women facing problems in a marriage to an NRI can also approach the NRI Cell of the National Commission for Women. For property and family matters, email us a short note and your documents and we will fix a call. **Can an NRI file a case in India?** Yes. An NRI can file civil suits, divorce petitions, consumer and RERA complaints and criminal complaints in the court or authority that has jurisdiction over the property, the marriage or the other party. You swear the supporting affidavit abroad before a notary or consular officer, and a Power of Attorney holder can sign as your recognised agent and attend routine dates. **Can an NRI sell property in India using a Power of Attorney?** Yes. Your attorney signs the sale deed and presents it for registration, provided the Power of Attorney specifically authorises the sale of that property, was authenticated by a notary with an apostille or by an Indian consular officer, and has been stamped in India. The buyer deducts tax at source, and the price is usually paid into your NRO account. **What is the format of an NRI Power of Attorney?** There is no single statutory format. A usable one names you and your attorney with passport and address details, describes the property or case exactly, lists each act allowed, says whether the attorney may appoint a substitute, and states how long it lasts. It can be printed on plain paper abroad, because stamp duty is paid when it reaches India. **How do I get a succession certificate from abroad?** Your attorney files a petition before the District Judge for the place where the deceased ordinarily lived, or where the assets are if there was no fixed home, with the death certificate, proof of your relationship and a list of the debts and securities to be collected. The other heirs must be named and either consent or be served. The court publishes notice, hears any objection and, if none succeeds, grants the certificate, usually after several months. **Can VIVS Legal represent me in a court outside Maharashtra?** We appear in courts in Mumbai and Navi Mumbai. For a case in another state, we advise on the law, draft the papers and plan the case, and we tell you at the first consultation how hearings there will be handled and what that will cost. It is better you know this before engaging us than discover it after filing. **What does an NRI matter cost?** Drafting has published fixed fees: a Power of Attorney from Rs 7,000, a sale deed from Rs 18,000 and a will from Rs 10,000. Court cases depend on the forum, the city, whether the other side contests and how many hearings follow, so we quote them in writing after reading your documents. Stamp duty, registration fees and courier charges are separate. --- ## NRI divorce lawyer for couples living abroad URL: https://vivs.in/nri-legal-services/divorce-lawyer/ NRI divorce lawyer for couples abroad: filing in India, mutual divorce without repeated travel, power of attorney, foreign decree recognition and custody. An NRI divorce lawyer helps couples who married under Indian law, but now live abroad, end the marriage validly. The decree should hold in India and, ideally, where they live. We advise NRIs worldwide from our office in Sanpada, Navi Mumbai, on filing in India, mutual consent with minimum travel, foreign decrees, maintenance and custody. ### Divorce in India from abroad: your options | Route | When it fits | Watch out for | | Mutual consent in India | Both agree on terms | Appearance in person or by video at key stages | | Contested divorce in India | One spouse refuses | Service abroad and longer timelines | | Divorce in the country of residence | Both live there and courts there accept the case | Recognition in India under Section 13 CPC | Many couples choose an Indian decree because it is accepted without question by Indian authorities, banks and registries. ### Can an Indian couple get a divorce in the USA and is it valid in India? A foreign court can grant the divorce. But India will not treat it as conclusive if it was not given on the merits, breaches natural justice, or rests on a ground Indian law does not recognise (Section 13 CPC). In Y. Narasimha Rao (1991), the Supreme Court held that a foreign decree is recognised only if it was granted on a ground available under the Indian marriage law and the other spouse submitted to the jurisdiction or agreed. A no-fault decree granted while the other spouse stayed away may not hold in India. ### Can a power of attorney handle a divorce in India? A spouse abroad can appoint someone in India to handle filings and routine steps. The power of attorney is signed before an Indian mission, or before a notary and apostilled in Apostille Convention countries. The power of attorney cannot replace your own consent statement or evidence where the court wants to hear you, but courts have allowed video appearance in many suitable cases. If the court needs you, we tell you early. ### Mutual divorce for NRI couples, step by step - Settle terms: maintenance, custody, property in India and abroad, withdrawal of other cases. - Sign abroad before the mission or a notary with apostille. - File in the family court with jurisdiction under the marriage law. - First motion, in person or by video if allowed. - Waiting period, which may be waived in suitable cases. - Second motion and decree. ### Maintenance and custody across borders Maintenance can be claimed in India under Sections 24 and 25 of the Hindu Marriage Act and Section 144 of the Bharatiya Nagarik Suraksha Sanhita (earlier Section 125 CrPC), with full income disclosure. Custody is decided on the child's welfare; where parents live in different countries, the order should cover travel, schooling and video contact. India has not signed the Hague Convention on child abduction, which matters if one parent removes a child. ### NRI divorce lawyer by country - USA, UK, Canada, Australia, New Zealand, Singapore - UAE and its emirates, Saudi Arabia, Kuwait, Qatar, Oman, Bahrain ### NRI divorce lawyer in Mumbai and Navi Mumbai Our office is in Sanpada, Navi Mumbai. For couples whose Indian case belongs in the family courts at Bandra, Belapur or Thane, we can handle hearings directly. For cases elsewhere in India we advise and draft online, and explain at the first consultation how appearances in that court will be handled and what they cost. See divorce lawyer in Mumbai. ### Frequently asked questions **Can NRIs get divorced in India without travelling?** Often with very little travel. Filings can run through a power of attorney, and courts have allowed video appearance for consent and evidence in suitable cases. Some courts still ask for at least one personal appearance. **Which Indian law applies to an NRI divorce?** The law under which you married: usually the Hindu Marriage Act, the Special Marriage Act, the Divorce Act for Christians, or Muslim personal law. Living abroad does not change it. **Is my foreign divorce decree valid in India?** Only if it meets Section 13 CPC as explained in Narasimha Rao: granted on a ground available under Indian law, with the other spouse taking part or agreeing. Otherwise an Indian decree is safer. **Can I file in India if my spouse lives abroad?** Yes, in the court with jurisdiction under your marriage law. Under Section 19 of the Hindu Marriage Act, where the respondent lives outside India, the petitioner can file where the petitioner lives. **Can an NRI get child custody through Indian courts?** Yes, if the court has jurisdiction, usually where the child ordinarily lives. The court decides on the child's welfare, and orders can set contact by video and during visits. **Do you handle NRI divorces in every Indian state?** We advise and draft for cases anywhere in India from our Navi Mumbai office. Hearings in Mumbai, Navi Mumbai and Thane we handle directly; for other courts we explain how appearances will be handled and their cost at the first consultation. --- ## NRI property lawyer for Indians who own, buy or inherit property in India URL: https://vivs.in/nri-legal-services/real-estate/ NRI property lawyer for Indians abroad: PoA signed where you live, title checks, sale with TDS, inherited flats and disputes. Online from Navi Mumbai. An NRI property lawyer handles the Indian side of a property matter while you stay abroad: checking title, drafting the Power of Attorney you sign where you live, registering a sale or purchase through your attorney, and acting when a tenant, relative or builder will not cooperate. VIVS Legal does this work from Sanpada, Navi Mumbai. Property in Mumbai, Navi Mumbai and the rest of Maharashtra we take through registration, filings and hearings ourselves. For property in another state we advise on the title, the papers and the law, and at the first consultation we tell you how any filing or hearing there will be handled and what it costs. This page lists the work, the country pages and the law behind both. ### What an NRI property lawyer handles for you Almost every NRI property file is one of six jobs. Each one below links to a page with the procedure set out in full. #### Checking title before you pay We search the registration and revenue records, usually over 30 years, and report on the chain of owners, mortgages, pending suits and any reservation on the land. For a flat under construction we also check the MahaRERA registration and the approvals. See our property title search service. #### A Power of Attorney the Sub-Registrar will accept One document for one job: the sale of a named flat, the purchase of a plot, or a particular court case. We send it with a note on how to sign it in your country. The Power of Attorney drafting service starts from Rs 7,500. #### Selling a property you no longer need The agreement and sale deed, the tax the buyer must deduct, a lower deduction certificate where it saves you money, and the papers your bank asks for before it sends the proceeds abroad. #### Bringing an inherited property into your name Probate or heirship papers, a release deed among brothers and sisters, and mutation in the society, municipal and land records. Where a parent left no will, start with inheritance without a will. #### Getting a property back from an occupant A tenant who stopped paying, a caretaker who stayed on, a relative who treats the flat as their own. Notices, eviction and possession suits are explained in illegal possession of NRI property. #### Disputes with builders and co-owners MahaRERA complaints for delayed possession, refund and interest, and division of family property when heirs cannot agree. Our page on partition suits explains how a court divides it. ### NRI real estate lawyer pages for each country Indian property law does not change with where you live. Four things do: how you sign the Power of Attorney, which Indian mission serves you, the hours you can call us, and the questions people in that country tend to ask. Each country page covers those four. - North America: USA and Canada. Both use the apostille; Canada only since January 2024, with five provinces issuing their own. - United Kingdom: UK, where a notary's signature is apostilled by the FCDO. - Asia-Pacific: Singapore, Australia and New Zealand, all three in the Apostille Convention, each with its own issuing authority. - UAE: the UAE page, with separate pages for Dubai, Abu Dhabi, Sharjah, Ajman, Ras Al Khaimah, Fujairah, Al Ain and Umm Al Quwain. The UAE is not in the Apostille Convention, so residents there usually sign at the Indian Embassy or Consulate. - Other Gulf countries: Saudi Arabia, Qatar, Kuwait, Oman and Bahrain. The signing route differs from one to the next, and each page sets out its own. ### How we approach an NRI property matter Three questions settle most NRI matters before anything is drafted. Which state is the property in? Who in India will act for you? Which steps need you personally? We answer all three in writing at the start, because a wrong guess on any one of them costs months later. - First consultation. By video, phone or WhatsApp, with scans of the documents emailed to us beforehand. - Written note. What we will do, which office or court is involved, what you must sign or attend, and our fee. - Power of Attorney. Drafted for the task and signed in your country by the route that applies there. - Stamping in India. The original is stamped within three months of arriving, before anyone relies on it. - The work itself. Searches, drafting, registration through your attorney, notices, filings and hearings. - Closing papers. The registered deed, the Index II extract, mutation entries and a copy of everything by email. Two habits save NRI owners the most trouble. Keep the attorney's powers narrow and time-limited. And have every rupee paid into your own bank account, never into the attorney's. ### Can an NRI property matter be handled without travelling to India? Usually, yes. A sale, purchase, gift or lease can be completed by the person holding your Power of Attorney, who signs for you and appears before the Sub-Registrar. The deed is still in your name; the attorney acts for you and gets no title of their own. But a Power of Attorney has limits worth knowing before you rely on one: - It is not a sale. In Suraj Lamp & Industries v. State of Haryana (2011) the Supreme Court ruled that a GPA "sale" transfers nothing. A buyer holding only a PoA owns nothing. - It cannot give your evidence. Under Janki Vashdeo Bhojwani v. IndusInd Bank (2005), an attorney cannot depose to facts only you know. A contested suit may need your affidavit, and cross-examination by video link where the court allows it. - Banks deal with you. KYC updates and changes to NRE or NRO accounts are usually done by the account holder, not the attorney. You sign the PoA where you live: in front of a consular officer at the Indian Embassy, High Commission or Consulate, or before a notary followed by an apostille if your country belongs to the Hague Apostille Convention. Section 33 of the Registration Act, 1908 is what lets a Sub-Registrar accept a PoA authenticated abroad. Mission rules change, so check the current process before you book. ### Where we work: Sanpada office, online for clients abroad VIVS Legal has one office, in Haware Intelligentia Park, Sanpada, Navi Mumbai, open Monday to Saturday from 9 AM to 6 PM India time. We have practised since 2010. NRI property matters are led by Adv. Swanand Pandit (Advocate, High Court of Bombay), with Adv. Ashok Ingle on registrations and filings. For property in Mumbai, Navi Mumbai, Thane and the rest of Maharashtra, we see the matter through ourselves: the Sub-Registrar, MahaRERA, the Competent Authority under the rent law and the civil courts. For a flat in Bengaluru or land in Punjab, we advise on the title, the documents and the law. If a filing or hearing is needed in that state, we explain at the first consultation how it will be handled and what it costs, before you engage us. Questions about the law where you live, such as how your country taxes the gain on an Indian sale, need an adviser licensed there. We say so when a question crosses that line. To start, call +91 8291849797 or +91 9167710454, WhatsApp the same numbers, or email info@vivs.in. ### Key law for NRI property in India Six sets of rules decide nearly every NRI property question. - Foreign Exchange Management Act, 1999 and the Non-Debt Instruments Rules, 2019. These let an NRI or OCI cardholder buy any number of homes or commercial units without RBI approval, and receive them as a gift from a relative. Agricultural land, plantation property and farmhouses cannot be bought or taken as a gift, only inherited. Payment must come by inward remittance or from an NRE, FCNR(B) or NRO account. More on what an NRI can buy. - Section 6(5) of FEMA. Property you bought while living in India, or inherited from someone who lived here, can be kept after you move abroad and later sold. Taking another citizenship does not force a sale. - Registration Act, 1908 and the state stamp law. A sale, gift or release of immovable property must be registered to pass title. Maharashtra charges stamp duty under the Maharashtra Stamp Act, 1958, on the agreed price or the ready reckoner value, whichever is higher. - Real Estate (Regulation and Development) Act, 2016. A project above the registration threshold must be registered with the state authority, MahaRERA in Maharashtra, and a buyer can complain there about delay, refund and interest. - Specific Relief Act, 1963 and Limitation Act, 1963. A suit under Section 6 of the Specific Relief Act restores possession if filed within six months of dispossession, without a full trial on title. A claim of adverse possession needs 12 years of open, hostile possession under Article 65, and a tenant or relative you let in does not qualify. - Succession law. The Hindu Succession Act, 1956 covers Hindus, Sikhs, Jains and Buddhists; the Indian Succession Act, 1925 covers Christians and Parsis and governs probate; Muslim personal law covers Muslims. ### Selling as an NRI: how much tax is held back, and how much can go abroad? When the seller is an NRI, the Income-tax Act, 2025 makes the buyer withhold tax from the price before paying it over (the old Section 195 of the 1961 Act). Without a certificate, buyers deduct at the capital gains rate on the whole price, not on your gain. A lower or nil deduction certificate from the Assessing Officer corrects that, but it takes weeks. Apply before you sign the agreement. Sending the money out follows two separate FEMA rules: - From your NRO account: up to USD 1 million in a financial year, April to March, covering sale proceeds and inherited money. The bank will ask for its remittance forms and usually a chartered accountant's certificate. - Property bought with foreign exchange: the proceeds can be repatriated up to the amount you originally paid by inward remittance or from your NRE or FCNR(B) account, for not more than two residential properties. Any gain above that goes through the NRO route. Keep the bank certificates for your original purchase payments; without them the second rule is hard to use. Your chartered accountant works out the capital gain and files your Indian return, and the tax treaty with your country decides how the Indian tax is credited there. More on payment and repatriation rules. ### Frequently asked questions **Where can I find NRI legal help in India?** Look for an advocate who regularly does property work in the state where your property is, and who can draft a Power of Attorney for your country. Before you engage anyone, ask who will appear at hearings and get the scope and fee in writing. We work from Navi Mumbai, handle Maharashtra property directly, and for other states tell you at the start how hearings there will be handled. **Can an NRI sell property in India through a Power of Attorney?** Yes. Your attorney can sign the sale deed and appear before the Sub-Registrar, provided the PoA names the property, specifically allows a sale, was signed at an Indian mission or apostilled, and was stamped in India within three months of arriving. The price should be paid into your own NRO account. If the buyer would otherwise hold back more tax than you will owe, get a lower deduction certificate first. **What happens if you buy property from an NRI?** You take on a tax duty. Before paying, you withhold tax under the Income-tax Act, 2025 (earlier Section 195) and deposit it with the government, normally on the whole price unless the seller gives you a lower or nil deduction certificate. A buyer who fails to deduct can be treated as in default. If the seller signs through an attorney, check the PoA covers this property and was stamped in India. **How do I choose an NRI property dispute lawyer in Mumbai?** Check three things. The advocate should practise in the forum your dispute will go to, whether that is the civil court, the Competent Authority under the rent law or MahaRERA. They should be able to tell you, on the first call, whether a notice, a possession suit or a police complaint comes first. And they should send a written scope and fee before any work starts. **What decides what a lawyer charges for a property case in India?** Mainly the kind of work. A title search or a Power of Attorney is a defined drafting job; a possession or partition suit can run for years with many hearings. The forum, the number of parties and the state also matter. Stamp duty, registration fees and court fees are government charges paid at actuals. We send a written fee note for your matter before starting. **How do I resolve a property dispute in India while living abroad?** Start with the papers: title documents, tax receipts and any agreement with the occupant. A lawyer's notice often settles a tenant or caretaker dispute. If it does not, a suit for possession with an injunction follows, and a police complaint where there is forgery or trespass. Your attorney in India can file and attend routine dates; your own evidence can often be given by affidavit and video. **Can a tenant or relative claim my property because I have lived abroad for years?** Only in narrow cases. Adverse possession needs open and hostile possession for 12 years after the occupant openly denies your title, under Article 65 of the Limitation Act, 1963. A tenant, licensee or relative you allowed in holds with your permission, which is not hostile. Keep the proof: registered agreements, rent receipts, property tax in your name and a yearly inspection. **Can I keep my flat in India after taking foreign citizenship?** Yes. Section 6(5) of the Foreign Exchange Management Act, 1999 lets a person living abroad keep, let and later sell property bought while resident in India or inherited from a resident. Citizenship does not change that. For new purchases, get the OCI card first: the Non-Debt Instruments Rules give OCI cardholders the same rights as NRIs to buy homes and commercial property. --- ## Partition suit for ancestral and jointly owned property URL: https://vivs.in/partition-suits/ How a partition suit divides ancestral or joint property: who gets a share, court fee, limitation, documents and the two decrees, from Sanpada, Navi Mumbai. A partition suit is a civil case in which a co-owner or coparcener asks the court to declare each person's share in a property and divide it, or have it sold and the money shared, when the family cannot agree. We act for co-owners and legal heirs in amicable partitions and in contested suits, from our office in Sanpada, Navi Mumbai. Many partitions never need a suit. We look first at whether a registered partition deed, family settlement or release deed will do the job, and file only when it will not. ### What is a partition suit, and what do we handle? A partition suit asks the court for two things: a declaration of the plaintiff's share, and partition and separate possession of that share. It starts from the position that the plaintiff is already a co-owner. If a defendant denies that, the court decides the point as an issue in the same suit. Any co-owner can file: a coparcener in a Hindu joint family, a legal heir who inherited a share, a joint purchaser, or someone who bought a co-owner's undivided share. Every other co-sharer must be made a party. A decree that leaves out a legal heir, even a compromise decree, can be challenged by that heir. #### Our partition work - Drafting and registering partition deeds, family settlements and release deeds where the family agrees - Filing partition suits for co-owners, coparceners and heirs, with injunctions to stop a sale or construction - Defending partition suits, including disputes over whether a property is ancestral or self-acquired - Buy-outs and sales under the Partition Act, 1893, and the final decree stage through to the new revenue entries ### Amicable partition: deed, family settlement or release Where the family agrees on who gets what, one of three documents usually does the job: - Partition deed. Divides the property into defined shares. It must be registered under Section 17 of the Registration Act, 1908. In Maharashtra, stamp duty under the Maharashtra Stamp Act, 1958 is charged on the separated shares, not the whole property. - Family settlement deed. Settles competing claims within the family. In Kale v. Deputy Director of Consolidation (1976) the Supreme Court held that a memorandum recording a settlement already made orally does not need registration, while a document that itself divides the property does. Banks and sub-registrars prefer a registered deed, and so do we. - Release deed. One co-owner gives up his or her share in favour of the others, often when one sibling keeps the family flat and pays the rest. It must be registered. For agricultural land in Maharashtra where the co-sharers agree, the Tahsildar can partition the holding under Section 85 of the Maharashtra Land Revenue Code, 1966, and separate 7/12 extracts follow. Other states have their own revenue procedure. Disputes about title still go to the civil court. An amicable partition works only if every co-sharer signs. One heir left out can reopen it years later. ### How to file a partition suit, step by step The procedure comes from the Code of Civil Procedure, 1908, so it is the same in every state. The notes on lis pendens, court fee and revenue entries are Maharashtra practice, where we file. - Papers and family tree. We collect the title documents and revenue records and prepare the genealogy, usually supported by a family tree affidavit, showing every living co-sharer. - Legal notice. Not compulsory, but it fixes the date of the demand and often brings the others to the table. - Plaint and court fee. The plaint describes each property by survey, gat or CTS number and boundaries, explains how it came to the family, and claims the plaintiff's share, accounts of rent and income, and an injunction. Court fee is paid under the state's court-fees law, which in Maharashtra is the Maharashtra Court-fees Act, 1959. - Interim protection. If a co-sharer is trying to sell or build, we apply for a temporary injunction under Order XXXIX Rules 1 and 2 CPC. In Maharashtra, a transfer made while the suit is pending binds the buyer only if a notice of the suit is registered with the sub-registrar, under the State amendment to Section 52 of the Transfer of Property Act, 1882. We register one. - Trial or mediation. Written statements, issues, evidence (examination-in-chief on affidavit) and arguments. The court may refer the parties to mediation under Section 89 CPC, and many partition suits settle there. - Preliminary decree. Under Order XX Rule 18 CPC the court declares the shares of the parties and the further enquiries needed. - Final decree. A court commissioner is appointed under Order XXVI Rule 13 to divide the property by metes and bounds. Land assessed to land revenue is divided by the Collector under Section 54 CPC. - After the decree. A final partition decree is an instrument of partition for stamp duty, so duty is paid before it is engrossed. The new shares are then entered in the 7/12 extract or property card. A settlement at any stage can be recorded as a compromise decree under Order XXIII Rule 3 CPC, provided every co-sharer is a party to it. ### Law and forum: which court hears a partition suit? The suit is filed in the civil court within whose limits the property lies (Section 16 CPC). Where the properties are in different districts, Section 17 allows one suit in a court where any of them is situated. The level of court depends on the value of the suit. In Maharashtra that means the Civil Judge, Junior or Senior Division, and in Mumbai the City Civil Court or, above its limit, the Bombay High Court on its original side. | Provision | What it does in a partition suit | | Order XX Rule 18, CPC | Two decrees: a preliminary decree declaring shares, then a final decree dividing the property | | Order XXVI Rule 13 and Section 54, CPC | A commissioner divides the property; the Collector divides revenue-paying land | | Section 6, Hindu Succession Act, 1956 | Daughters are coparceners by birth, with the same share as sons | | Section 8, Hindu Succession Act, 1956 | Shares of Class I heirs when a Hindu man dies without a will | | Partition Act, 1893, Sections 2 to 4 | Sale instead of division, and buy-outs by co-sharers | | Section 44, Transfer of Property Act, 1882 | An outsider who buys a share in a family dwelling house gets no joint possession | | Articles 65 and 110, Limitation Act, 1963 | Twelve years, counted from adverse possession or from exclusion | | Section 17, Registration Act, 1908 | A partition deed or release must be registered | #### When the property cannot be divided: the Partition Act, 1893 A single flat, a shop or a small plot often cannot be split without destroying its value. Under Section 2, if co-sharers holding half or more of the property ask for it, and division is not reasonably possible, the court may order a sale and divide the proceeds instead. Under Section 3, when one side asks for a sale, any other co-sharer may apply to buy that side's share at a value fixed by the court. Under Section 4, where an outsider has bought a share in a family dwelling house and sues for partition, a family member can buy the outsider out at a valuation. For a single flat in Mumbai or Navi Mumbai, a buy-out by one sibling at an agreed or court-fixed value is often the practical outcome. ### Partition under Hindu law: who gets a share #### Daughters as coparceners Under Section 6 of the Hindu Succession Act, 1956, as amended with effect from 9 September 2005, a daughter is a coparcener by birth, in the same way as a son, with the same rights and liabilities. In Vineeta Sharma v. Rakesh Sharma (2020) the Supreme Court held that the right comes from birth. So it does not matter whether the father was alive on 9 September 2005, and marriage makes no difference. The court also held that a preliminary decree can be revised to give daughters their share until the final decree is passed. The amendment does not reopen partitions made before 20 December 2004. But only a registered partition deed or a court decree counts for this purpose. An oral partition is accepted only in exceptional cases, backed by public documents of the time. #### What is ancestral property, and how is it different from inherited property? Ancestral property, in the strict sense, is property a Hindu male inherited from his father, grandfather or great-grandfather that remains undivided, and in which his children take a share by birth. Property that passes under Section 8 of the Act, on the death of a parent who left no will, is different. The heirs take it in defined shares as their own, as tenants in common, and it does not become joint family property in their hands (Uttam v. Saubhag Singh, 2016). The distinction decides whether a grandchild has any claim and whether the holder can leave the property by will. #### Self-acquired property and other communities A Hindu's self-acquired property passes under his or her will, if there is one. If not, a man's property goes to his Class I heirs under Section 8: widow, sons, daughters and mother each take one share, and the heirs of a predeceased son or daughter share that child's portion. Muslims, Christians and Parsis have no coparcenary. Heirs take fixed shares under Muslim personal law or the Indian Succession Act, 1925 and, as co-owners, can sue for partition like anyone else. ### Documents needed for a partition suit - Title deeds and Index II extracts of registered documents - 7/12 extracts and mutation entries for agricultural land, or the property card for city survey land - Share certificate and society records for a flat - Death certificates of deceased owners and co-sharers - Family tree affidavit, and any legal heir or succession certificate already obtained - Any will, probate, earlier partition deed, family settlement or release deed - Property tax and electricity bills, rent agreements and receipts - A valuation report, where a sale or buy-out is likely - Letters, messages and notices exchanged between co-sharers Missing papers can usually be traced through a property title search of the sub-registrar and revenue records. For property outside Maharashtra, the equivalent records are the RTC or khata in Karnataka, the patta in Tamil Nadu and the khatauni or jamabandi in the north. ### Partition suit limitation, timeline and court fee #### Is there a time limit to file a partition suit? There is no fixed deadline while you remain a co-owner in joint possession. In law, possession by one co-sharer is possession on behalf of all. So a sibling living in the family house does not, by that alone, start a limitation clock against you. The clock starts when you are excluded. Article 110 of the Limitation Act, 1963 gives a person excluded from joint family property 12 years from the date the exclusion becomes known to him or her. Article 65 gives 12 years for a suit for possession based on title, counted from when the other side's possession becomes adverse. Ouster has to be clear: an open denial of your share, known to you and acted on. One co-sharer paying the property tax or keeping the keys is not ouster. Before filing, collect evidence of continued co-ownership: tax receipts in joint names, a share of rent, letters, visits. #### How long does a partition suit take? A contested suit usually takes several years to reach the final decree, and the final decree stage can itself be slow where a commissioner has to survey and divide land. In Kattukandi Edathil Krishnan v. Kattukandi Edathil Valsan (2022) the Supreme Court told trial courts to take up the final decree stage on their own once the preliminary decree is passed, without waiting for a fresh application. Settlement through mediation is much quicker. A missing party, or a fight over whether the property is ancestral, slows a suit more than anything else. #### Court fee for a partition suit, and what decides the cost Court fee is set by state law, and the states differ. In Maharashtra, Section 6(vii) of the Maharashtra Court-fees Act, 1959 charges ad valorem fee on the value of the share claimed, whether or not the plaintiff is in possession. Several other states, Karnataka and Tamil Nadu among them, charge a fixed fee where the plaintiff is still in joint possession and ad valorem fee only where he or she has been excluded. So valuing the share is the first figure we settle. The rest of the cost depends on the number of parties and properties, whether the interim applications are fought, the commissioner's and surveyor's charges at the final decree stage, and stamp duty on the final decree. Our professional fee depends on the same factors, and we give it to you in writing before filing. ### Common mistakes in partition matters - Leaving a married daughter, or the heirs of a sibling who has died, out of the deed or the suit. - Relying on an old oral or unregistered family partition to defeat a daughter's claim. - Selling an undivided share in property inherited without a will, without first offering it to the other Class I heirs, who have a preferential right to buy it under Section 22 of the Hindu Succession Act, 1956. - Waiting until a co-sharer has sold the property or signed a redevelopment agreement before asking for an injunction. - Treating mutation entries in revenue records as proof of title. They are fiscal records and do not decide ownership. - Undervaluing the share to save court fee. The court can order the deficit to be paid, and an undervalued suit may also be in the wrong court. ### How we work with you, and who handles your matter We start with the papers and the family tree. Then you get a written view of each co-sharer's likely share and the options: a deed, a buy-out or a suit. If the family can settle, we draft the deed and see it through registration. If not, we file the suit, seek interim protection and an account of rent collected by the others, and take it through both decrees. Adv. Swanand Pandit (Advocate, High Court of Bombay) and Adv. Ashok Ingle handle these matters from our office in Sanpada, Navi Mumbai, and we appear in the civil courts in Mumbai and Navi Mumbai. Co-sharers living abroad can take part through a registered Power of Attorney; see our NRI property page. A suit must be filed where the property lies, so if it is outside Maharashtra we tell you at the first consultation how the suit and the hearings there will be handled. ### Related services Partition is usually the second step after a death in the family. Our guide to inheritance without a will explains who the heirs are, and wills and probate covers the case where there is a will. If a co-sharer or an outsider has taken over the property, see illegal possession of property. ### Frequently asked questions **Can I file a partition suit after 12 years?** Often, yes, even after 30 years. While you remain a co-owner in joint possession, actual or through the others, no fixed limitation period runs for partition. The 12-year period under Articles 65 and 110 of the Limitation Act, 1963 runs only from when you were clearly excluded and knew it, for example when a co-sharer openly denied your share. Whether that happened is a question of fact, so gather your evidence of co-ownership first. **Can I sell my share of a property without partition?** A co-owner can usually sell his or her undivided share, and the buyer steps into the seller's shoes and can sue for partition. There are limits. An outsider who buys a share in a family dwelling house does not get joint possession, and the family can buy him out under the Partition Act, 1893. For property inherited without a will, the other Class I heirs have a preferential right to buy under Section 22 of the Hindu Succession Act. **Can ancestral property be sold, gifted or left by will?** The karta can sell joint family property for legal necessity or for the benefit of the family; a sale outside those grounds can be challenged by the other coparceners. A coparcener can leave his or her undivided interest by will, which the Explanation to Section 30 of the Hindu Succession Act allows. A gift of an undivided interest without the other coparceners' consent is generally not valid. **Does a partition need to be approved by a court?** No. Co-owners who agree can partition by a registered partition deed, family settlement or release deed without going to court at all. The court is needed only when someone will not agree. If a suit is already pending and the parties settle, the court records the settlement as a compromise decree under Order XXIII Rule 3 CPC, and every co-sharer must be a party to it. **What is the difference between a title suit and a partition suit?** A title suit asks the court to decide who owns a property. A partition suit starts from shared ownership and asks the court to fix each co-owner's share and divide the property. If a defendant in a partition suit denies the plaintiff's share entirely, the court decides that title question within the same suit, so a separate title suit is not usually needed. **What is the latest Supreme Court judgment on partition suits?** Three rulings shape most suits now. Vineeta Sharma (2020) gave daughters coparcenary rights whatever the date of the father's death. Kattukandi (2022) told trial courts to move to the final decree without waiting for an application. And the Court has held that a compromise partition decree passed without a coparcener daughter or her heirs is a nullity, which they can have recalled. **Can an NRI co-owner file or defend a partition suit from abroad?** Yes. The NRI signs a Power of Attorney in the country where he or she lives, before a notary with an apostille or at the Indian mission, and it is stamped once it reaches India. The attorney then signs the pleadings and gives evidence on what he or she knows personally. Evidence on family history may still need the NRI, sometimes by video link. --- ## PMS compliance and legal work under SEBI's Portfolio Managers Regulations URL: https://vivs.in/portfolio-management-services/ PMS compliance under SEBI's Portfolio Managers Regulations 2020: registration, client agreements, fee caps, inspections and SAT appeals. Speak to an advocate. PMS compliance is the set of duties a SEBI-registered portfolio manager carries under the SEBI (Portfolio Managers) Regulations, 2020 and SEBI's master circular: net worth, client agreements, disclosure documents, fee limits, reporting and complaint handling. We advise firms applying for registration, registered portfolio managers and their investors on these rules, from our office in Sanpada, Navi Mumbai. We are a law firm. We do not manage money, recommend strategies or sell PMS products, and we are not registered with SEBI as a portfolio manager, investment adviser or distributor. Our work is the law and the paperwork: registration, documents, inspections, show cause notices and disputes. ### What our PMS compliance and legal work covers Portfolio management is a licensed activity. Under Section 12 of the SEBI Act, 1992, no one may act as a portfolio manager without a certificate of registration from SEBI, and the SEBI (Portfolio Managers) Regulations, 2020 set the conditions for keeping it. Our portfolio management services legal advisory work falls into three groups. #### Firms applying for SEBI registration We check eligibility before anything is filed, then draft the application, the policies SEBI asks to see, the client agreement and the disclosure document, and we answer SEBI's queries. #### Registered portfolio managers - Updating client agreements and disclosure documents when the regulations or the master circular change - Fee schedules: fixed fees, performance fees and the high water mark, exit loads and expense limits - Distributor agreements, outsourcing contracts and custodian arrangements - Replies to SEBI inspection findings, deficiency letters and show cause notices - Settlement applications and appeals to the Securities Appellate Tribunal - Change of control, change of principal officer and transfer of client portfolios #### Investors in a PMS Before you sign, we read the agreement, the fee annexure and the disclosure document and tell you in plain words what you are agreeing to. If a dispute arises later, we draft the complaint to the portfolio manager, take it through SEBI's SCORES system and the Online Dispute Resolution route, and handle arbitration where the agreement calls for it. One limit applies throughout: we will not tell you which portfolio manager, strategy or security to choose. ### How PMS registration with SEBI works, step by step Most delays in PMS registration come from gaps SEBI finds in its first scrutiny, so the work before filing matters more than the filing itself. - Eligibility check. The applicant must be a body corporate with a net worth of at least Rs 5 crore under Regulation 9, certified by a chartered accountant. The principal officer needs the qualifications and experience the Regulations prescribe and the NISM Series XXI-B certificate. The compliance officer must be a separate person. - Office, people and systems. SEBI expects a dedicated, segregated dealing room with recorded lines, systems for placing and allocating orders, and staff in post before it grants registration. - Policies and client documents. Investment and risk policies, conflict of interest and personal dealing rules, KYC and anti-money laundering procedures, and a cyber security policy under SEBI's Cybersecurity and Cyber Resilience Framework of 20 August 2024. The client agreement and disclosure document are drafted at this stage too. - Application on SEBI's intermediary portal. The application in Form A goes online with the application fee and fit and proper declarations for the applicant, its directors and key persons. - Queries and replies. SEBI usually raises observations. Each reply has to answer the point and attach proof, not promise compliance later. - Grant and go-live. On grant, the registration fee is paid and a SEBI-registered custodian is appointed. The disclosure document is filed with SEBI before it reaches any client, and every distributor is checked for registration with the Association of Portfolio Managers in India (APMI). ### SEBI Portfolio Managers Regulations: the law and the forums PMS law sits in three layers: the SEBI Act, the 2020 Regulations, and SEBI's Master Circular for Portfolio Managers dated 16 July 2025, which collects the operating rules in one document. These are the provisions we work with most. | Provision | What it requires | | Section 12, SEBI Act, 1992 | Registration with SEBI before acting as a portfolio manager | | Regulation 9, PM Regulations, 2020 | Net worth of at least Rs 5 crore, maintained throughout | | Regulation 22 and Schedule IV | A written agreement with each client covering the mandate, fees, liability, termination and dispute resolution | | Regulation 22(3), as amended on 1 September 2025 | The disclosure document, in the format SEBI specifies, given to the client with a certificate in Form C before the agreement is signed | | Regulation 22(11) | No upfront fee, charged directly or indirectly | | Regulation 23(2) | Minimum investment of Rs 50 lakh per client, in money or securities, with accredited investors excepted | | Prevention of Money-laundering Act, 2002 | KYC, record keeping and reporting of suspicious transactions | #### Where a PMS dispute goes | Matter | Forum | | Investor complaint | The portfolio manager first, then SEBI's SCORES, then conciliation and online arbitration on the SMART ODR portal | | Dispute about fees and charges | Arbitration under the Arbitration and Conciliation Act, 1996, as the agreement provides | | Defaults found on inspection | SEBI's enforcement process under the SEBI (Intermediaries) Regulations, 2008, or adjudication under Section 15-I of the SEBI Act | | Appeal against a SEBI order | Securities Appellate Tribunal, Mumbai, within 45 days under Section 15T; then the Supreme Court within 60 days under Section 15Z | ### What does PMS compliance involve through the year? A portfolio manager's compliance year has a fixed rhythm. Missing a date is a default in itself, even where nothing else is wrong, so we build the calendar into every engagement. - Every month. A report to SEBI on its intermediary portal within 7 working days of month-end. Complaints data on the firm's website by the 7th of the following month. - Every quarter. A report to each client in SEBI's format, including investments in associates and any passive breach of limits. Client-level data for SEBI's offsite inspection within 15 calendar days of quarter-end. - Every year. A compliance certificate signed by the principal officer within 60 calendar days of the year-end, a corporate governance report, a net worth certificate within six months, and an internal audit by a practising chartered accountant or company secretary. - When something changes. The disclosure document is updated and filed within 7 working days of a material change. A change in control needs SEBI's prior approval, and clients must get at least 30 days to leave without an exit load. - All the time. Performance reported on the time-weighted method against a benchmark chosen from those APMI prescribes for the strategy, a fee calculation tool for clients onboarded since 1 October 2024, the cyber security framework and anti-money laundering checks. #### Changes SEBI has proposed On 23 July 2026 SEBI published a consultation paper proposing a broad review of the 2020 Regulations. Among the proposals: a separate category for managers that invest only in mutual fund units, some investment-grade unlisted debt in discretionary portfolios, overseas securities, and lighter dealing room rules for small firms. None of this is law until SEBI notifies amendments, and we change client documents only when it does. ### PMS agreement drafting and the documents behind it The client agreement is where most PMS disputes begin and end. Schedule IV of the Regulations lists what it must contain, and the master circular adds rules on fees that a careful draft has to reflect line by line. - Fee annexure. A separate annexure lists every fee and charge and shows its effect on a sample Rs 50 lakh portfolio over one year, in three cases: up 20 per cent, down 20 per cent and unchanged. - Performance fees. Charged only on gains above the high water mark, the highest value the portfolio has reached, and no more often than quarterly. - Operating expenses. Apart from brokerage, capped at 0.50% of the client's average daily assets under management, per year. - Associates. Broking, custody and similar services bought from the portfolio manager's associates are capped at 20 per cent of the year's transactions by value, per associate and per service, at rates no higher than outsiders charge. - Exit load. At most 3% of the amount redeemed in the first year, 2% in the second and 1% in the third, and nothing after three years. Large value accredited investors may negotiate their own terms. - Discretion. In a discretionary PMS, the manager's investment decisions are final unless shown to be mala fide, fraudulent, conflicted or grossly negligent. Investors should read that clause twice. #### What we ask you to send - Applicants: incorporation papers, audited accounts or a net worth certificate, CVs and NISM certificates of the principal officer and compliance officer, and a note on the office and dealing room - Registered portfolio managers: the registration certificate, current agreement and disclosure document, policies, recent SEBI letters and the last inspection report - Investors: the signed agreement, fee annexure, disclosure document, quarterly reports, demat and bank statements, and emails with the manager or distributor ### PMS inspection, show cause notices and appeals SEBI now receives client-level data from every portfolio manager each quarter. So many questions arrive as offsite queries before anyone visits, and an on-site PMS inspection often follows up on patterns already seen in the data. The findings that recur are familiar: KYC gaps, performance fees computed against the wrong high water mark, passive breaches of investment limits not reported to clients, distributors without APMI registration, a disclosure document not refiled after a change, and incomplete dealing room records. Some are cured by fixing the process and showing the evidence. Others should be contested, with documents, because the observation is wrong on the facts. #### When SEBI issues a show cause notice A show cause notice may come under the SEBI (Intermediaries) Regulations, 2008, where the possible outcome is a direction, suspension or cancellation of registration, or as adjudication under Section 15-I of the SEBI Act, where the outcome is a penalty. The reply should deal with each allegation, ask for inspection of the documents SEBI relies on, and request a personal hearing where one would help. Many matters can also be closed by a settlement application under the SEBI (Settlement Proceedings) Regulations, 2018, which needs careful timing. An adverse final order can be appealed to the Securities Appellate Tribunal within 45 days of receiving it. SEBI's head office and the Tribunal are both in Mumbai, within easy reach of our office. ### How long does it take, and what decides the cost? A registration application usually takes several months from filing to grant. The spread depends on how complete the application is and how many rounds of queries SEBI raises. A review of an existing agreement and disclosure document is quicker, usually a week or two once we have the current versions. Inspection replies and show cause notices run to the deadline in SEBI's letter, which is short, so send it to us the day it arrives. An appeal to the Tribunal must be filed within 45 days. #### What decides the cost - Whether we draft from scratch or revise documents you already have - How many strategies, client types and distributors the documents must cover - For inspections and notices, the number of findings and the volume of records behind them - Whether a hearing, a settlement application or an appeal follows We quote in writing after reading the papers. For an investor whose first step is a formal demand to the portfolio manager, our legal notice drafting is from Rs 5,000. ### Mistakes portfolio managers and investors make - Filing for registration before the dealing room and staff exist, then losing months answering the same query. - Copying another firm's agreement. Fee clauses, strategies and associate relationships differ, and SEBI reads the agreement against the disclosure document. - Changing the fee structure or a key person and forgetting the 7 working day refiling of the disclosure document. - Paying distributors who are not registered with APMI. - Answering an inspection letter with promises instead of evidence. - Investors signing the agreement without reading the fee annexure, then disputing an exit load the annexure disclosed. - Investors treating a loss as a claim. In a discretionary PMS, a loss alone is not a breach; the complaint has to show a breach of the mandate, the Regulations or the agreement. ### How we work with you We work from Sanpada, Navi Mumbai, a short drive from SEBI's head office at Bandra Kurla Complex. Most PMS work is document work, so clients across India send papers by email and meet us by phone or video call, Monday to Saturday, 9 AM to 6 PM. For a portfolio manager we usually start with a gap review: the agreement, disclosure document and policies read against the Regulations and the latest master circular, with a written list of changes. For an investor we start with the agreement and the account statements, because they decide whether a complaint has legs. We will sign a non-disclosure agreement before you share anything sensitive. ### Who handles your matter PMS matters are led by Adv. Swanand Pandit (BLS, LL.B, LL.M, PGDBM, JAIIB; Advocate, High Court of Bombay), whose management and banking qualifications suit work on financial documents. Adv. Ashok Ingle (B.A. LL.B) handles drafting, filings and follow-up. VIVS Legal has practised since 2010. ### Related work: AIFs, wealth structures and AML Many portfolio managers also run or advise funds. Our page on alternative investment funds covers AIF registration and compliance, and families who hold their portfolios through trusts or holding companies will find the structuring side under wealth management legal advisory. Where a KYC failure turns into a money laundering question, see corporate investigations and AML advisory. ### Frequently asked questions **Is PMS regulated by SEBI, and is it legal in India?** Yes. Portfolio management is legal in India only when the manager holds a SEBI certificate of registration under Section 12 of the SEBI Act, 1992 and follows the SEBI (Portfolio Managers) Regulations, 2020. SEBI publishes the list of registered portfolio managers on its website. Check the name and registration number there before you sign anything or transfer money or securities. **What is the eligibility for investing in a PMS?** The first investment must be at least Rs 50 lakh, as a single lump sum of money, securities or both, under Regulation 23(2). Accredited investors are excepted from this minimum. The portfolio manager must also complete your KYC and give you the disclosure document before the agreement is signed. Your securities are held in an account in your own name with a SEBI-registered custodian. **How do you get a PMS licence from SEBI?** A body corporate with a net worth of at least Rs 5 crore applies in Form A on SEBI's intermediary portal. It needs a qualified principal officer with the NISM Series XXI-B certificate, a separate compliance officer, a dealing room, written policies and the client documents. SEBI scrutinises the application, raises queries and grants registration once they are answered and the fee is paid. **Can a portfolio manager charge an upfront fee?** No. Regulation 22(11) bars upfront fees, whether charged directly or through a distributor. The manager may charge a fixed fee, a performance fee on gains above the high water mark, or a mix, as the agreement states. Operating expenses other than brokerage are capped at 0.50% of average daily assets a year. If you were charged an upfront fee, raise it in writing. **How is a PMS different from a mutual fund in law?** A mutual fund pools investors' money in a scheme governed by the SEBI (Mutual Funds) Regulations, 1996, and you own units. In a PMS the securities are held in your own name and the manager acts under an individual agreement governed by the 2020 Regulations. The minimum investment, fee rules, reporting and complaint routes differ too. Which suits you is an investment question for a registered adviser. **Can I exit a PMS early, and what will it cost?** Yes, you can redeem in part or in full. The exit load cannot exceed 3% of the amount redeemed in the first year, 2% in the second and 1% in the third, and nothing is payable after three years. Large value accredited investors may have negotiated terms. If the manager changes control, you get at least 30 days to leave without any exit load. **My PMS portfolio lost money. Can I claim against the portfolio manager?** Not for the loss alone. A discretionary manager's decisions stand unless they were mala fide, fraudulent, conflicted or grossly negligent. A claim needs a breach: trades outside your mandate, investments the Regulations do not allow, fees charged against the agreement, or mis-selling. Complain in writing to the manager first, then on SCORES, and then through the SMART ODR portal. --- ## Law firm practice areas, grouped by the clients we act for URL: https://vivs.in/practice-areas/ Our law firm practice areas, grouped by client: families, property owners, NRIs, lenders, employers and investors, with the law that governs each. Call us. VIVS Legal's law firm practice areas are set out here by the people we act for: families, property buyers and owners, NRIs, lenders and other creditors, insurers, employers, and investors with the firms that manage their money. Under each group you will find the law that governs the work and the page that explains it. For a plain list of what we do, see our legal services page. This page answers a different question. Which practice area does your problem belong to, and is it a civil suit, a tribunal case, a criminal complaint or a compliance matter? That decides the pace and the cost more than anything else. ### Our law firm practice areas by client Most people arrive with a situation, not a legal category. So we group our work by who the client is. #### Families and individuals Marriages that have broken down, a death in the family, an accident, a purchase that went wrong. Divorce, maintenance and custody turn on the personal law of the couple, and our divorce lawyer India page sets out the routes. After a death, the first question is who inherits, under a will or the succession rules (wills and probate). The second is how the property is divided, by agreement or through a partition suit. Injured people and bereaved families claim compensation before the Motor Accident Claims Tribunal (MACT claims). Buyers of defective goods or services, and policyholders whose claim was refused, go to the consumer commission (consumer litigation). #### Property buyers, owners, landlords and housing societies A real estate lawyer does two kinds of work. Before a purchase it is checking: a title search of the deeds and land records, then the agreement and its registration. After something goes wrong it is a dispute. A builder who has not delivered (RERA complaints), a tenant or licensee who will not leave (landlord and tenant disputes), a trespasser, or a society that refuses to transfer a flat. Our property lawyer India page covers both halves. #### NRIs and OCI cardholders The law is the same as for a resident; the paperwork is not. An NRI acts through a Power of Attorney signed abroad, buys and inherits within the FEMA rules, and faces tax deducted at source when selling. Our NRI legal services page covers divorce and property for clients abroad. #### Banks, NBFCs and other creditors This is the court-facing side of a banking and finance lawyer's work. Secured lenders enforce under the SARFAESI Act and recover through the Debts Recovery Tribunal. Businesses owed money use summary suits, the commercial courts or, against a company, the insolvency route. All of it is on our debt recovery page. Before a loan, or after a decree, asset verification shows what a borrower actually owns, and a dishonoured cheque has its own criminal remedy (cheque bounce cases). #### Insurers, fleet operators and vehicle owners On the other side of an accident claim, the work is testing the claim: the policy, the driving licence and permit, the claimant's income and disability evidence. Where the policy was breached, an insurer that has to pay the victim can ask the tribunal for leave to recover from the owner. The MACT claims page covers this defence work too. #### Employers and companies Since 21 November 2025, appointment letters, standing orders, wages and exits are governed by the four Labour Codes, which replaced most of the older central labour laws. Our employment laws practice drafts for employers and advises employees on termination and unpaid dues. Companies, banks and NBFCs also bring us suspected fraud and money-laundering questions (corporate investigations and AML advisory, fraud risk management). #### Investors, family wealth and fund managers Here the work is legal and documentary, never investment advice. For portfolio managers it means SEBI compliance and client documents (PMS compliance). For families it means trusts, wills and the papers that hold a portfolio together (wealth management legal advisory, trust registration). We are not registered with SEBI as an investment adviser and do not recommend products. ### Which practice area does your problem fall under? Start with the kind of proceeding, not the subject. It fixes who decides, how evidence is taken and how long the matter runs. Almost everything we see falls into one of six types. | Type of matter | What it means | Examples | | Civil suit | A claim to property, a share or money, tried on evidence by a civil court under the Code of Civil Procedure, 1908. It ends in a decree, which then has to be executed. | Partition, possession, money recovery, injunctions | | Family court case | Matrimonial and custody disputes heard by a Family Court under the Family Courts Act, 1984, with counselling and mediation built in. | Divorce, maintenance, custody | | Tribunal or authority | A statute sends the dispute to a specialist body, and usually shuts out the civil court for that question. | Debts Recovery Tribunal, RERA authority, consumer commission, MACT | | Criminal complaint | An offence tried before a Magistrate under the Bharatiya Nagarik Suraksha Sanhita, 2023, which can end in a fine, compensation or imprisonment. | Cheque bounce under Section 138 of the Negotiable Instruments Act; cruelty under Section 85 of the Bharatiya Nyaya Sanhita (earlier Section 498A IPC) | | Regulatory compliance | Continuing duties to a regulator such as SEBI, the RBI or the Charity Commissioner. There is no opponent until an inspection, an audit or a show-cause notice. | Portfolio manager compliance, AML policies, change reports for public trusts | | Non-contentious work | No dispute yet. The job is to check, draft or register so that a dispute never starts. | Title search, wills, trust deeds, agreements | One matter can sit in two rows. A cheque given against a loan that bounces supports a criminal complaint and a civil or DRT claim for the same money, and the two run side by side. ### How to work out the right practice area and forum We run every new matter through the same five questions before advising on the next step. You can do the first two yourself before you call. - Which side are you on? Creditor or debtor, buyer or seller, claimant or insurer. The same Act gives each side different rights and different deadlines. - Which document does the dispute turn on? A loan agreement, a sale deed, a will, a policy, a marriage certificate. Its terms often choose the forum for you, through an arbitration clause or a jurisdiction clause. - Does a special law take the case away from the civil court? Section 34 of the SARFAESI Act does this for a bank's enforcement measures, and Section 79 of the RERA Act for anything the RERA authority can decide. - What is the time limit? Most money claims must be filed within three years under the Limitation Act, 1963. A challenge to a bank's possession notice has 45 days, and a cheque bounce complaint must follow within a month of the notice period running out. - What is the first move? A negotiated settlement, a legal notice or a filing. If something needs stopping, such as a sale of the property, the filing with an application for interim relief comes first. ### When one problem crosses several practice areas The hardest files start in one area and spill into others. Three patterns come up again and again. #### A death in the family Succession comes first: is there a will, does it need probate, who are the legal heirs. Then the property: a family settlement or partition, fresh entries in the heirs' names, and often a sale. If one heir had borrowed against the property, a lender is in the picture too. #### A loan that has gone bad For a lender, SARFAESI enforcement, a DRT application and a cheque bounce complaint can all be live at once. For the borrower and guarantors, each forum has its own deadline. And an admission made in one can be read against them in another. #### A marriage that ends across borders Divorce, maintenance and custody go to the family court. The flat in India, the joint accounts and the Power of Attorney given in better times have to be dealt with separately. The spouse abroad may also face proceedings in the country where they live, which needs a lawyer licensed there. We keep such a file with one advocate, so that each step in one forum is checked against the others before it is taken. ### Where we work: Sanpada, Navi Mumbai and online Every practice area is run from one office, at Haware Intelligentia Park, Sanpada, Navi Mumbai. We attend courts, tribunals and authorities in Mumbai and Navi Mumbai. Clients in Pune, Bengaluru, Delhi or abroad work with us by phone, WhatsApp, video call and email. Some practice areas have city pages because the court or the land records differ from city to city. Those pages describe the local system; they are not offices. Much of the work is not tied to a place at all: advice, drafting, title opinions, and many RERA and consumer filings, which are now made online. If a hearing has to take place outside Mumbai and Navi Mumbai, we tell you at the first consultation how it will be handled and what it adds to the fee. ### Key laws behind our practice areas - Family, succession and trusts: Hindu Marriage Act, 1955; Special Marriage Act, 1954; Hindu Succession Act, 1956; Indian Succession Act, 1925; Indian Trusts Act, 1882. - Property and housing: Transfer of Property Act, 1882; Registration Act, 1908; Real Estate (Regulation and Development) Act, 2016; Maharashtra Rent Control Act, 1999; Maharashtra Co-operative Societies Act, 1960. - Lending and recovery: SARFAESI Act, 2002; Recovery of Debts and Bankruptcy Act, 1993; Insolvency and Bankruptcy Code, 2016; Negotiable Instruments Act, 1881. - Claims: Consumer Protection Act, 2019; Motor Vehicles Act, 1988, whose claims chapter was rewritten with effect from 1 April 2022. - Criminal law: the Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and Bharatiya Sakshya Adhiniyam, in force since 1 July 2024 in place of the IPC, the CrPC and the Indian Evidence Act. - Business and investment: the four Labour Codes; Companies Act, 2013; Prevention of Money-laundering Act, 2002; SEBI Act, 1992 and the SEBI (Portfolio Managers) Regulations, 2020; FEMA, 1999 and the Non-Debt Instruments Rules, 2019 for NRIs. Where an Act has been replaced, our advice cites the new provision and gives the old section in brackets. Most notices, and every older judgment, still use the old numbers. ### Who handles matters in each practice area Every matter is handled by the firm's two advocates. Adv. Swanand Pandit (BLS, LL.B, LL.M, PGDBM, JAIIB) is an Advocate of the High Court of Bombay. His JAIIB, a banking qualification, is useful in lender and recovery work as much as the LL.M is in property and family matters. Adv. Ashok Ingle (B.A. LL.B) works alongside him. The firm has practised since 2010 and has acted for 500+ clients. You deal with the advocate who reads your papers, not a call centre. ### What are the different practice areas of a law firm? A practice area is a group of matters that need the same law and the same skills. Large firms divide their work into dozens: corporate, capital markets, banking and finance, disputes, tax, competition, intellectual property, employment and real estate, often with separate partners for each. Smaller firms group more broadly, usually into litigation and advisory work. The divisions are not fixed by any rule. Some firms split by industry, such as banking or real estate. Others split by the type of work, such as disputes or transactions. Ours is a client-led split, because a family, a lender and a fund manager need different things even when the statute is the same. ### Frequently asked questions **What does a real estate lawyer do?** A real estate lawyer checks title before a purchase, drafts and registers the agreement and sale deed, and handles disputes afterwards. The checking means reading the chain of deeds, the land records and any charges. The dispute side covers builders, tenants, co-owners and trespassers. It helps when one advocate does both, because the defect missed in a search is usually the one that is litigated later. **Do real estate lawyers go to court?** Many do, and we do. Title searches, agreements and registration are desk work. But possession suits, partition, RERA complaints, eviction and challenges to a bank's possession notice are contested before courts and tribunals. We appear in Mumbai and Navi Mumbai. For property elsewhere, we explain at the first consultation how hearings there will be handled. **Do you act for borrowers as well as lenders?** Yes. We act for banks and NBFCs in SARFAESI and DRT matters, and we advise borrowers and guarantors who want to challenge enforcement. The usual route is an application to the Debts Recovery Tribunal under Section 17 of the SARFAESI Act, which must be filed within 45 days of the measure you object to. Come early, because that window is short. **Do you take accident claims for injured people, or only for insurers?** Both. We file claims for injured people and for families who have lost someone, and we defend claims for insurers, fleet operators and vehicle owners. A claim petition must be filed within six months of the accident under Section 166(3) of the Motor Vehicles Act, 1988, so do not wait for the insurer to make the first move. **Is your PMS and wealth work investment advice?** No. We advise portfolio managers on the SEBI (Portfolio Managers) Regulations, 2020 and their client documents, and we advise families on trusts, wills and the legal side of holding investments. We are not a SEBI-registered investment adviser, portfolio manager or distributor. We do not recommend strategies, schemes or products, and nothing on our pages should be read that way. **Can I get a fixed fee?** For drafting, yes. Our published fees include a legal notice from Rs 5,000, a consumer complaint draft from Rs 2,500 and a will from Rs 10,000. Court work depends on the forum, the other side and the number of hearings, so we quote it in writing after reading your papers. --- ## Title search and legal verification of property URL: https://vivs.in/property-title-search/ A title search shows who owns a property, what loans or cases affect it and whether it can be sold. See what we check, the papers needed and our prices. A title search is the legal check that tells you whether the seller owns the property, whether anyone else has a claim on it, and whether it can pass to you cleanly. At VIVS Legal, advocates read the chain of title deeds, search the official records and give you a written report before you pay. We work from Sanpada, Navi Mumbai. For property outside Mumbai, Thane and Navi Mumbai, we tell you at the first consultation what can be checked online and how the rest of the record will be searched. ### What is a title search, and what does it check? A title search is an advocate's examination of a property's ownership record, usually over the last 30 years, to confirm that the seller has a clear and marketable title. Marketable title means a title free from reasonable doubt: one a careful buyer would accept and a bank would lend against. Banks and housing finance companies call the same exercise the legal verification of property. #### The chain of ownership We trace each transfer of the property, link by link, back to a sound starting document. Every deed is checked for who signed it and in what capacity, whether it was stamped and registered, and whether its description matches the next deed. Where an owner died, we look for the will and probate, or for the legal heirs and the releases they signed. #### Charges, cases and other claims Registered mortgages, mortgages by deposit of title deeds, leases, easements, attachment orders and pending suits all belong here. A pending suit matters most. Under the rule of lis pendens in Section 52 of the Transfer of Property Act, 1882, a person who buys while a suit about the property is pending can be bound by its result. So a pending case is never a small point. #### The seller's right to sell Every co-owner and heir must join the sale. A guardian selling a minor's share needs the court's permission under Section 8 of the Hindu Minority and Guardianship Act, 1956. A power of attorney must be valid and still in force on the day of sale. A company or society that sells needs a resolution authorising it, and a public trust in Maharashtra needs the Charity Commissioner's sanction under Section 36 of the Maharashtra Public Trusts Act, 1950. #### Land records and approvals We check that the land use allows the building, that the plans were sanctioned and an occupancy certificate issued, and, for a new project, that it is registered under the Real Estate (Regulation and Development) Act, 2016. Matching the revenue record with the deeds is what most people mean by property ownership verification. On its own it proves little, because revenue entries are made for collecting land revenue and do not decide title. ### How the title search process works Most searches pass through the same six stages. The order matters: the gaps found in the first reading decide what has to be searched. - Send the papers. You email copies of whatever the seller has given you, with the address and the survey, CTS or flat details. - First reading and gap list. We read the chain and send a list of the documents the seller still has to produce. - Record searches. We search the sub-registrar's index, the land records, CERSAI, company charges where a company is in the chain, and court records in the owners' names. - Public notice. Where it is local practice, as in Maharashtra, we publish a newspaper notice inviting claims within a stated period. - Draft report. You receive our findings with a list of requirements, and the seller answers them. - Final report and certificate. Once the requirements are met, we issue the final report and, where the title is clear, a title certificate. Pay no more than a refundable token until stage six. The agreement can say so in plain terms: the balance falls due only after the title is certified clear. ### What is a title search report? A title search report is the advocate's written account of the search. It describes the property, lists every document examined, records what each search showed year by year, and sets out each defect with the way to cure it. The title certificate is shorter. It is our opinion, based on the report, that the title is clear and marketable, subject to the requirements listed. Insist that those requirements are met before the sale deed is registered. A requirement left for after registration is usually a requirement never met. #### Is the bank's report enough? No. If you take a home loan, the bank's panel advocate will run a search too. That report is addressed to the bank and protects its security. It may say nothing about possession, society dues, a tenant in occupation or a family claim that does not touch the mortgage. Get your own. ### Laws and records behind a property title search #### The law behind each check | Provision | What it means for a buyer | | Section 54, Transfer of Property Act, 1882 | Property worth Rs 100 or more can be sold only by a registered deed. An agreement to sell does not make you the owner. | | Section 52, Transfer of Property Act, 1882 | A suit about the property that is pending when you buy can bind you. | | Sections 17 and 49, Registration Act, 1908 | A sale deed must be registered. An unregistered one does not transfer the property. | | Section 8, Hindu Minority and Guardianship Act, 1956 | A sale of a minor's share without the court's permission is voidable at the minor's instance. | | Limitation Act, 1963 | A suit for possession based on title lies within 12 years from when the other side's possession turns adverse; a suit to redeem a mortgage, within 30 years. These periods decide how far back a search goes. | | Section 4(2)(l), RERA Act 2016 | A promoter registering a project must declare on affidavit its title to the land and any encumbrance on it. | | Suraj Lamp v State of Haryana, Supreme Court, 2011 | A sale by power of attorney, agreement to sell and will does not pass ownership. | #### Where the records are kept | Record | Where it is kept | What it shows | | Registered deeds | The sub-registrar's index, online in many states, such as Maharashtra's IGR eSearch | Sales, mortgages, leases, gifts and releases registered against the property. | | Encumbrance certificate | The sub-registrar, in states such as Karnataka and Tamil Nadu | Registered transactions for the period asked for. Maharashtra has no such certificate in general use, so the index itself is searched. | | Land and revenue records | The state land records department; in Maharashtra, property cards sit with the City Survey Office | Recorded holder, area, tenure, mutations and land use. | | Security interests | CERSAI, the central registry set up under the SARFAESI Act, 2002 | Charges filed by banks and NBFCs, including mortgages by deposit of title deeds. | | Company charges | Ministry of Corporate Affairs register | Charges created by a company that owns the property. | | Litigation | eCourts, High Court and tribunal websites | Suits, appeals and recovery cases in the owners' names. | ### Documents needed for property document verification Ask the seller for copies of these at the start. Missing papers cause most of the delay in a search. And a seller who will not produce them is telling you something. - Title deeds for the search period: sale, gift, partition, release and conveyance deeds, with registration receipts. - For a flat: the builder's agreement, the occupancy certificate, the share certificate and the society's no-objection letter. - Land record extracts and mutation entries: 7/12 or property card in Maharashtra, RTC and khata in Karnataka, patta in Tamil Nadu, khatauni or jamabandi in the north. - An encumbrance certificate, where the state issues one. - Property tax receipts and recent electricity bills. - Sanctioned plan, commencement certificate, and occupancy or completion certificate. - Death certificates and the will, probate or succession certificate where an owner has died. - The bank's closure letter and release of mortgage, if the property was ever pledged. - PAN and identity proof of each seller, and any power of attorney being used. ### How long does a title search take, and what does it cost? For a flat in an established building with a complete chain, a search usually takes one to two weeks once the papers arrive. Land, old buildings and chains that pass through an inheritance take longer. The searching itself is rarely the hold-up. It is usually the seller's answers, or old records that have to be pulled from an office archive. #### What decides the cost - How many links there are in the chain, and how old they are. - Whether the older years are online or have to be searched at the sub-registrar's office. - Land rather than a flat, and how many survey numbers or villages are involved. - How many government searches and certified copies are needed, and whether a newspaper notice is published. #### Published prices Three of our fixed-price drafting services include a title search report. Buyers can take the agreement to sale with title search report or the sale deed for a property, each from Rs 18,000. Businesses taking premises on lease can take the commercial lease agreement with title search, also from Rs 18,000. A standalone search on land, an old building or several properties is priced once we have seen the documents. ### Defects a title search finds, and mistakes to avoid #### Common defects - A missing link. One deed in the chain cannot be produced or was never registered. - A sale on power of attorney, agreement and will. After Suraj Lamp, these papers do not pass ownership, and a registered deed is needed. - Heirs left out. An earlier owner died without a will and only some of the heirs are selling. - An old mortgage. The loan was repaid but no release was ever recorded. - A pending suit or attachment in a civil court, the Debts Recovery Tribunal or another forum. - Land use and approvals. Agricultural land with no conversion, or a building with no occupancy certificate. - Mismatched details. Area, survey number or names differ between the deed and the land record. A small error in a registered deed can often be corrected by a deed of rectification signed by the original parties. Most of these can be cured if they are found before you pay. The report lists each one as a requirement, with the document that will fix it. #### Mistakes buyers make - Paying a large advance first and ordering the search afterwards. - Treating an encumbrance certificate or a revenue extract as proof of title. - Skipping the search because the bank has sanctioned the loan. - Accepting the seller's promise to sort out a defect after registration. ### Can you check a property's title yourself? Partly, and it is worth doing before you pay anyone. Match the seller's identity papers with the names on the deed and the land record. Look up the registered documents online where your state allows it, and read the RERA page for a new project. Search eCourts by the owner's name, then ask the society or the neighbours who actually lives there. That catches the obvious problems. It will not show whether an old deed was validly executed, whether a power of attorney had lapsed or whether an heir is missing. ### How we work with you, and who reads your file We work from Sanpada, Navi Mumbai. For property in Mumbai, Thane and Navi Mumbai, we handle the searches from our office. For property elsewhere in Maharashtra and in other states, much of the record is now online. Where it is not, we tell you at the first consultation how that part of the search will be done and what it adds to the cost. The report comes by email, and we go through it with you on a call or at the office. Many buyers start by looking for a title search company. What matters more is who signs the report. Ours are prepared by the firm's advocates, Adv. Swanand Pandit (BLS, LL.B, LL.M, PGDBM, JAIIB; Advocate, High Court of Bombay) and Adv. Ashok Ingle (B.A. LL.B). We have practised since 2010. ### Title search in other cities and related services For local records and procedure, see our guides to title search in Mumbai, Pune, Delhi and Bengaluru. If the search turns up a dispute, a society problem or a builder default, the next step is usually a property lawyer rather than another search. ### Frequently asked questions **Is a title search report mandatory?** No law makes a buyer get one. Lenders require a search before they release a home loan, and a promoter registering a project under RERA must declare its title on affidavit. For a buyer, though, it is the only practical protection. Once the deed is registered and the price paid, any defect becomes your problem, and fixing it usually means a court case. **Why do some title reports cover 13 years and others 30?** Both figures come from the Limitation Act, 1963. A 13-year search is built on the 12-year period for a suit for possession based on title, with a year of margin. A 30-year search follows the longer periods, such as 30 years for a suit to redeem a mortgage and for suits by the government. No statute fixes the search period. We work to 30 years and go further back for ancestral land. **Is an encumbrance certificate enough?** No. An EC lists only the documents registered with the sub-registrar for the period you ask for. It will not show a mortgage by deposit of title deeds, a pending suit, an unregistered agreement, a tenant in occupation or a family member's claim. It is one input to a title search, not a substitute for it. **How do I verify a title deed?** Get a certified copy from the sub-registrar, or download it where the state's online search allows, and compare it line by line with the seller's original: names, dates, registration number, stamp details and the property description. Then check that the deed connects to the one before it, and that the land record shows the seller. Overwriting, old stamp paper that looks new and a seller who shows only photocopies are warning signs. **Can I verify property documents online?** In part. Maharashtra's IGR eSearch shows registered documents, and Mahabhumi shows 7/12 extracts and property cards. Karnataka has Kaveri for registered documents and encumbrance certificates, and Bhoomi for RTCs. Tamil Nadu offers encumbrance certificates through TNREGINET and patta online. These help you spot problems early. But older years are often not digitised, and nothing online tells you whether a deed was validly signed. **Can an NRI get a title search done without travelling to India?** Yes. Neither the searches nor the reading of documents needs you here. A relative or your attorney can collect the seller's papers and scan them to us, and the report comes by email. If you then buy, a power of attorney signed abroad and apostilled or attested lets your attorney sign and register the deed in India. The purchase must also fit the FEMA Non-Debt Instruments Rules, 2019. **What happens if the title search finds a defect?** We tell you whether it can be cured and how. A missing deed may be replaced by a certified copy, heirs can join the sale or sign releases, an old mortgage can be formally released, and a wrong description corrected by a rectification deed. If a defect cannot be cured, the advice is to walk away before you have paid more than a refundable token. **Who needs a title search apart from buyers?** Lenders before a loan against property, businesses taking premises on a long lease, developers signing a joint development or redevelopment agreement, and families before a partition or a gift. A tenant whose landlord lacks clear title, or whose premises are mortgaged, can end up dealing with the true owner or with a bank that takes possession. --- ## RERA complaint against a builder URL: https://vivs.in/rera-complaints-builder-buyer-disputes/ RERA complaint help for flat buyers: delayed possession, refund with interest under Section 18, defects within five years, MahaRERA filing and appeals. A RERA complaint is the flat buyer's main remedy when a builder misses the possession date, changes the plan, or hands over a flat with defects. Under the Real Estate (Regulation and Development) Act, 2016 you can ask for your money back with interest or for interest every month until possession. We file and argue these complaints before MahaRERA from our office in Sanpada, Navi Mumbai. ### When can you file a RERA complaint? Any allottee, association of allottees or even a promoter can complain under Section 31 about a breach of the Act, the rules or the regulations. The common reasons buyers come to us: - Builder not giving possession by the date in the registered agreement. - Changes to the sanctioned plan or specifications without the consent the Act requires. - Structural defects or poor workmanship reported within five years of possession (Section 14(3)). - Possession offered without an occupancy certificate. - Refusal to form the society or execute the conveyance within the time allowed. - More than 10% of the price taken before a registered agreement for sale (Section 13). ### Refund or interest: what Section 18 gives you If the builder fails to complete the flat or give possession as agreed, Section 18 gives you a choice. The Supreme Court in Newtech Promoters (2021) called the refund right unconditional when the delay is not due to the buyer. | Your choice | What you get | Suits you if | | Withdraw from the project | Refund of all you paid, with interest at the prescribed rate, plus compensation | You have bought elsewhere or lost faith in the project | | Stay in the project | Interest for every month of delay until possession is handed over | The building is near completion and you still want the flat | In Maharashtra the prescribed rate is linked to the State Bank of India's highest lending rate plus two percent, under the state RERA rules. Compensation for loss beyond interest is decided by the adjudicating officer under Section 71, not the authority itself. ### How to file a RERA complaint in Maharashtra - Check the project. Its MahaRERA registration number, the declared completion date and any extensions granted. - Send a notice to the builder. It records the default and often gets a written proposal back. - Prepare the complaint. Your details, the project registration, the agreement date, payments made, the breach, the relief and the documents. - File online on the MahaRERA portal. Pay the fee, upload documents and note the complaint number. - Conciliation or hearing. MahaRERA runs a conciliation forum; if that does not settle it, the complaint is heard. - Order and execution. If the builder does not pay, the order can be executed and recovered as arrears of land revenue. You can follow the RERA complaint status on the same portal using the complaint number. ### RERA complaint format: what it should contain - Names and addresses of the buyer and the promoter, and the project's registration number. - The flat, the agreement date and its registration details. - A date-wise table of payments with receipts. - The promised possession date and what has actually happened. - The provisions breached, usually Sections 11, 12, 14 or 18. - The relief: refund with interest, monthly interest, rectification of defects, or compensation. Keep it factual and short. Long histories with no documents behind them slow the hearing down. ### Documents you need - Registered agreement for sale and the allotment letter. - All payment receipts and the bank statement or loan disbursement letters. - Correspondence with the builder, including any revised possession dates. - Photographs and an engineer's report for defects. - Possession letter and occupancy certificate, if any. ### RERA or consumer court for a builder buyer dispute? Both are open. The Supreme Court in Imperia Structures v Anil Patni (2020) held that a buyer can choose the consumer commission even for a RERA-registered project. RERA is usually quicker on refunds and delay interest, while the consumer route can suit larger compensation claims. You cannot pursue the same relief in both at once. See consumer litigation for that route. ### Appeals and timelines An order of the authority or the adjudicating officer can be appealed to the Appellate Tribunal within 60 days (Section 44). A builder who appeals must first deposit at least 30% of the penalty, or the full amount payable to the buyer with interest. A further appeal on questions of law goes to the High Court within 60 days. Simple delay cases are usually decided within a few months, though the time varies with the authority's list and how hard the builder contests. ### Mistakes buyers make - Accepting possession without an occupancy certificate and then weakening your delay claim. - Signing a fresh letter that quietly extends the possession date. - Claiming refund and monthly interest together; you must choose one. - Waiting years after possession to report structural defects; the five-year window runs from possession. - Not checking whether the builder obtained an extension of registration that changes the completion date. ### How we work with you For projects in Mumbai, Thane and Navi Mumbai, we can meet at our Sanpada office with your agreement and receipts. For projects in other states, each state has its own RERA authority and portal; we draft and advise online and tell you at the first consultation how hearings will be handled. Before you book, our title search and the under-construction flat checklist help you avoid the dispute altogether. ### Frequently asked questions **What can I claim if my builder delays possession?** Under Section 18 you can withdraw and claim a full refund with interest and compensation, or stay in the project and claim interest for every month of delay until possession. Compensation beyond interest is decided by the adjudicating officer. **Is RERA registration mandatory for every project?** Most new projects must register under Section 3. Projects where the land is up to 500 square metres or the number of apartments is up to eight are exempt, as are projects that received a completion certificate before the Act came into force. **How long does a RERA complaint take?** Simple delay and refund complaints are often decided within a few months, especially if conciliation works. Contested cases, defect claims needing expert reports, and appeals take longer. **Can I file a RERA complaint without a lawyer?** Yes. The MahaRERA portal allows buyers to file themselves. A lawyer helps where the builder disputes the delay, claims force majeure, or where you are claiming compensation before the adjudicating officer. **What if the builder does not pay after a RERA order?** The order can be executed. In Maharashtra, amounts ordered can be recovered as arrears of land revenue through the Collector, and the authority can impose penalties for non-compliance under the Act. **Can I complain about defects after taking possession?** Yes, within five years of possession under Section 14(3). The builder must fix structural defects and poor workmanship within 30 days of being told, failing which you can claim compensation. --- ## Structured products legal advisory URL: https://vivs.in/structured-products/ Structured products legal advisory: market linked debentures, term sheet review, disclosure rules and mis-selling disputes for issuers and investors. Our structured products legal advisory covers the documents and rules behind products whose returns are linked to a market index, a share price or another reference. We review term sheets and disclosures for issuers and distributors, and help investors who believe a product was mis-sold. We are a law firm and do not design, sell or recommend products. ### What is a structured product? A structured product combines a debt instrument with a derivative, so that what you get back depends on how an underlying asset performs. In India the most common forms are market linked debentures (MLDs) issued by companies and NBFCs, and structured deposits or derivative-linked products offered by banks to wealthier clients and companies. ### Structured products regulations in India | Product | Main regulator and rules | | Market linked debentures | SEBI: the Issue and Listing of Non-Convertible Securities Regulations, 2021 and SEBI's circulars on MLDs | | Bank-offered derivative products | RBI: directions on over-the-counter derivatives, including suitability checks for retail users | | Structured strategies inside funds | SEBI: AIF or PMS regulations, depending on the vehicle | | Investors resident abroad | FEMA rules on what NRIs may subscribe to | Tax treatment matters too: since 2023, gains on MLDs are taxed as short-term capital gains whatever the holding period. Your tax adviser should confirm the current position under the Income-tax Act, 2025. ### Term sheet review: what we look at - The payoff formula, and whether the examples in the term sheet match it. - The words used about capital: 'principal protected' means something specific and depends on the issuer paying. - Issuer and credit risk, and what happens on default. - Early redemption, call options and valuation terms. - Fees and how they reduce the return. - Dispute resolution clause and governing law. ### Structured products legal advisory for issuers and distributors For issuers and arrangers we review offer documents, risk disclosures and scenario analysis for consistency with SEBI's requirements. For distributors we look at sales material and the records that show the product was suitable for the client. Many later disputes turn on what the client was told and what the file shows, so the record-keeping is as important as the document. ### Was the product mis-sold to you? Investors who suffered losses often ask whether they can recover them. The legal questions are whether the risks were disclosed in writing, whether the product was suitable for you given what the seller knew, and whether the documents you signed were explained. The route depends on who sold it: - A bank: complaint to the bank, then the RBI Integrated Ombudsman, or a civil claim. - A SEBI-registered intermediary or listed MLD: the intermediary's grievance cell, SEBI's SCORES platform, and SEBI's online dispute resolution. - Large or complex claims: arbitration under the agreement or a civil suit. Keep every document, email and message from the time of sale. ### How we work with you - Documents. Term sheet, offer document, application form and correspondence. - Review. A written note on the legal terms, disclosures and risks in the documents. - Drafting or response. Revised disclosures, a reply to a regulator, or a complaint. - Dispute. Ombudsman, SCORES, arbitration or court, as the case needs. We work from Sanpada, Navi Mumbai, and online. Related pages: AIFs, PMS and fraud risk management. ### Frequently asked questions **What are market linked debentures?** They are listed debt securities whose returns depend on the performance of an underlying such as an equity index. They are regulated by SEBI under the rules for non-convertible securities and its circulars on MLDs. **Is a principal protected product risk-free?** No. Protection of principal depends on the issuer being able to pay at maturity. If the issuer defaults, the protection may be worth little. Check the issuer's credit rating and the exact wording. **Can I complain if a bank sold me a complex product?** Yes. Complain to the bank first. If you do not get a satisfactory reply within the time allowed, you can approach the RBI Integrated Ombudsman, or pursue a civil claim where the amount or facts call for it. **Do structured products need a lawyer's review?** For investors, a review is worth it before large commitments or where the term sheet is hard to follow. For issuers and distributors, legal review of disclosures and sales material reduces the risk of regulatory action and later disputes. **Does VIVS Legal recommend structured products?** No. We are a law firm and give legal advice on documents, disclosures and disputes only. --- ## Trust registration for family and charitable trusts URL: https://vivs.in/trust-registration-services/ Trust registration for private family trusts and public charitable trusts: deed, Charity Commissioner filing in Maharashtra, documents, timeline and tax steps. Trust registration depends first on what kind of trust you are creating. A private family trust is created by a registered trust deed under the Indian Trusts Act, 1882, while a public charitable or religious trust in Maharashtra must also be registered with the Charity Commissioner under the Maharashtra Public Trusts Act, 1950. We draft the deed, register it and handle the filings that follow, from our office in Sanpada, Navi Mumbai. ### Private trust or public charitable trust? | | Private trust | Public charitable trust | | Who benefits | Named family members or other identified people | The public or a section of it: education, health, relief of poverty, religion | | Main law | Indian Trusts Act, 1882 | State law; in Maharashtra the Public Trusts Act, 1950 | | Where registered | Sub-registrar, when the deed involves immovable property | Sub-registrar for the deed, and the Charity Commissioner in Maharashtra | | Tax treatment | Taxed as the trust's or beneficiaries' income | Exemption available after registration with the Income Tax Department | | Typical use | Succession planning, holding family property, providing for a dependant | Schools, hospitals, temples, NGOs, scholarships | ### Trust registration process in Maharashtra - Settle the structure. Objects, trustees, how trustees are appointed and removed, powers over property, and what happens on dissolution. - Draft and stamp the trust deed. Stamp duty is paid under the Maharashtra Stamp Act before signing. - Register the deed. At the sub-registrar's office, with the settlor and witnesses present. A trust of immovable property must be created by a registered instrument (Section 5 of the Indian Trusts Act). - Apply to the Charity Commissioner. For a public trust, the trustees apply within three months of its creation under Section 18 of the Public Trusts Act, now largely online. - Inquiry and certificate. The Assistant or Deputy Charity Commissioner for the region examines the application and issues the registration certificate with the trust's number. - Tax registration. Apply to the Income Tax Department for exemption and, if needed, for donors' tax deduction, under the Income-tax Act, 2025. ### Documents for charitable trust registration - The registered trust deed and its stamp duty receipt. - Identity and address proof of the settlor and every trustee, with photographs. - Trustees' written consent to act. - Proof of the registered office: ownership papers or the owner's no-objection letter. - The application in the prescribed form with the trustees' affidavit. - A list of the trust's movable and immovable property, if any. ### What should a trust deed contain? The deed is the trust's constitution, and most later disputes trace back to what it leaves out. It should state the settlor and the initial trust property, the objects in clear words, the number of trustees and how vacancies are filled, the trustees' powers to buy, sell, borrow and invest, how meetings and decisions work, and what happens to the property if the trust is wound up. For a public trust, the objects must be charitable and the property cannot go back to the trustees. Our fixed-fee trust deed drafting service covers family and charitable trusts. ### Private trust registration process A private trust has no Charity Commissioner filing. It is created when the settlor signs the deed and transfers property to the trustees. If the trust holds immovable property, the deed must be registered at the sub-registrar's office; if it holds only movable assets, registration is optional but advisable. Families often use a private trust to hold a flat or shares for children or a dependant, alongside a will. ### After registration: the duties that follow - Keep books and get accounts audited every year, and file them with the Charity Commissioner for a public trust. - Report any change in trustees, property or address through a change report under Section 22. See change report filing. - Get the Charity Commissioner's prior sanction before selling, mortgaging or leasing trust property in Maharashtra. - Renew income tax registration when it falls due. Our yearly compliance review keeps these on track. ### How long does trust registration take? Drafting and deed registration usually take one to two weeks once the structure is agreed. The Charity Commissioner's registration for a public trust commonly takes from a few weeks to a few months, depending on the regional office and whether queries are raised. Income tax registration follows separately. ### Common mistakes - Missing the three-month window for the Section 18 application. - Writing vague objects that the Charity Commissioner or the tax officer later questions. - Naming a single trustee with no way to replace them. - Mixing private family benefit into a public trust, which can cost it the tax exemption. - Not reporting a trustee's death or resignation, which leaves the trust unable to act. ### Frequently asked questions **Is registration of a trust deed mandatory?** A trust of immovable property must be created by a registered deed under Section 5 of the Indian Trusts Act. A public trust in Maharashtra must also be registered with the Charity Commissioner. A private trust of only movable property can be created without registration, though registering the deed is wiser. **Who can be a trustee?** Any person competent to hold property can be a trustee. For a public trust, choose at least two or three trustees so decisions can be taken and vacancies filled without going to the Charity Commissioner each time. **Can a trust deed be changed after registration?** Only if the deed allows amendment and only within its terms. For a public trust in Maharashtra, the change must be reported to the Charity Commissioner, and the charitable objects cannot be changed into private ones. **What is the difference between a trust and a society?** A trust is managed by trustees under a deed and suits a fixed purpose with a small controlling group. A society has members, an elected managing committee and bye-laws, and suits larger membership bodies. Our trust and society formation page compares them. **Can an NRI be a trustee or settlor?** Yes, subject to FEMA rules on the property involved. NRI trustees can sign before an Indian mission or a notary with apostille, and the registration can be completed through a power of attorney. **Do I need to register a trust with the Income Tax Department?** A public charitable trust that wants its income exempt, or wants donors to get a tax deduction, must apply for registration with the Income Tax Department. A private family trust does not get this exemption. --- ## Wealth management legal advisory for families URL: https://vivs.in/wealth-management-legal-advisory/ Wealth management legal advisory for families and HNIs: estate and succession planning, wills, family trusts, nominations and disputes. Legal advice only. Wealth management legal advisory is the legal side of what a family owns: who holds each asset, what documents prove it, and how it will pass on without a fight. VIVS Legal advises families, promoters and professionals on succession planning, wills, private trusts, family settlements and disputes with intermediaries. We do not give investment advice; that stays with you and your SEBI-registered adviser. ### What wealth management legal advisory covers, and what it does not We look at the structures and documents around your holdings: demat accounts, mutual fund folios, property, business shares, bank deposits and insurance. We check that ownership and nominations match your intentions, that the will and any trust deed are valid, and that the family knows what to do when the time comes. We do not recommend investments, asset allocation or products. Where a question is about returns or suitability, we say so and send you back to your financial adviser. ### Estate and succession planning services #### Wills and codicils Wills that describe every class of asset properly, name executors who will actually act, and deal with assets abroad. See our will drafting and probate page. #### Family trust for succession A private trust can hold a flat, shares or other assets for children or a dependant and avoid splitting them among many heirs. The private trust registration process is explained on our trust registration page. #### Family settlements A written memorandum of family settlement records how property is divided among members. If it creates or transfers rights in immovable property, it needs stamping and registration to be relied on later. #### Holding structures Individual, joint, HUF, private trust, or a company or LLP holding: the legal and succession consequences of each, explained before you choose. ### Nominee or heir: who really gets the asset? A nomination tells the bank, depository or fund house whom to pay. It does not decide who owns the money. In Shakti Yezdani v Jayanand Salgaonkar (2023) the Supreme Court held that a nominee of shares and securities holds them for the legal heirs, who take under the will or the succession law. Insurance is treated differently where the nominee is a 'beneficial nominee' under Section 39 of the Insurance Act. So the will and the nominations must point the same way. Where they do not, families end up in court over money the deceased thought was settled. ### Legal advice on market products For the legal and regulatory side of particular holdings, see the page for each: - Equities: insider trading rules, broker disputes and SEBI matters. - Mutual funds: transmission, mis-selling complaints and regulatory questions. - Alternative investment funds: fund documents and investor rights. - Portfolio management services: agreements, disclosures and complaints. - Structured products: terms, risk disclosures and disputes. ### NRI family members and FEMA When children or heirs live abroad, succession planning has to account for FEMA. NRIs can inherit property and securities in India, but agricultural land and farmhouses come with restrictions, and money is taken out through NRO accounts within the annual repatriation limit. A will made in India can cover Indian assets; assets abroad may need a separate will under that country's law. ### Disputes with brokers, funds and advisers Complaints against SEBI-registered intermediaries usually start with the intermediary's own grievance cell, then SEBI's SCORES platform, and then online conciliation and arbitration under SEBI's Online Dispute Resolution framework. Larger disputes may go to arbitration under the agreement or to the courts. We help you choose the forum and prepare the record. ### How an engagement runs - Inventory. A list of assets, how each is held, and existing nominations, wills and deeds. - Gaps. We point out where ownership, nominations and documents conflict or are missing. - Structure and documents. Wills, trust deeds, family settlements and updated nominations. - Execution. Signing, attestation, stamping and registration where needed. - Review. A check every few years or after a major family event. ### Who do we advise? Families with property and market investments, promoters planning succession in a family business, doctors, lawyers and other professionals, and NRIs with assets in India. Meetings can be at our Sanpada office in Navi Mumbai or by video. Our wealth management guide for HNIs covers the background in more detail. ### Frequently asked questions **Is a nominee the owner of the shares or deposits?** No. The Supreme Court held in 2023 that a nominee of shares and securities holds them for the legal heirs. The heirs take under the will or the succession law. Make sure your will and nominations say the same thing. **Do I need a family trust or is a will enough?** For most families a well-drafted will is enough. A private trust helps where an asset should stay undivided, a beneficiary is a minor or dependant, or you want management to continue smoothly. It adds cost and some formality, so it should solve a real problem. **Does VIVS Legal give investment advice?** No. We are a law firm and give legal advice only: ownership, documents, succession, regulatory questions and disputes. Investment and allocation decisions belong with you and a SEBI-registered investment adviser. **What is a memorandum of family settlement?** It is a written record of how family members have agreed to divide property. If it only records a past oral settlement, registration may not be needed. If it creates or transfers rights in immovable property, it must be stamped and registered to be relied on. **Can an estate planning lawyer help with assets abroad?** We advise on the Indian side and on how an Indian will interacts with assets abroad. For property or accounts outside India, a lawyer licensed in that country should advise on its succession rules, and we coordinate with them where needed. **How often should a succession plan be reviewed?** Every three to five years, and after any marriage, divorce, birth, death, move abroad, or large purchase or sale. Nominations in particular fall out of date quietly. --- ## Probate of will, succession and will drafting URL: https://vivs.in/will-drafting-probate-services/ Probate of will, letters of administration and succession certificates, plus will drafting that holds up later. Section 213 change explained. Office in Sanpada. Probate of a will is the court's certificate that the will is genuine and that the executor named in it may deal with the estate. Since Section 213 of the Indian Succession Act was omitted in 2025, probate is no longer compulsory even in Mumbai, but banks, societies and buyers still ask for it when the estate is large or a relative may object. We draft wills and obtain probate, letters of administration and succession certificates from our office in Sanpada, Navi Mumbai. ### Probate meaning, and when you still need it Probate is granted only where a will names an executor. It proves the will once, against everyone, so the executor does not have to prove it again with every bank and registrar. Until 2025, Section 213 made probate compulsory for wills of Hindus, Sikhs, Jains, Buddhists and Parsis dealing with property in the old Presidency towns of Mumbai, Kolkata and Chennai. That requirement has been removed. Probate is now a choice, but a sensible one where: - a relative is likely to dispute the will; - the estate includes flats, shares or bank deposits held by institutions that insist on court proof; - a buyer of an inherited flat wants a clean chain of title; - the will is unregistered, old, or has unusual bequests. ### Probate, letters of administration or succession certificate? People often ask for the wrong document. This table shows which one fits. | Document | When it is used | Granted by | | Probate | There is a will and it names an executor | High Court or district court with testamentary jurisdiction | | Letters of administration with will annexed | There is a will but no executor, or the executor will not act | Same courts | | Letters of administration | No will, and the estate needs an administrator | Same courts | | Succession certificate | To collect debts and securities such as bank deposits and shares | District court under Part X of the Act | | Legal heir certificate | Pension, government dues and records; not proof of title | Revenue authorities in many states | In Mumbai, depending on the value of the estate, a testamentary petition goes to the Bombay High Court or the City Civil Court. Elsewhere it goes to the district court. ### How the probate of will process works - Collect the papers. The original will, the death certificate, details of all legal heirs and a schedule of assets with values. - Draft the petition. Verified by the executor, with an affidavit of at least one attesting witness proving the signatures. - Court fee. Payable on the value of the estate under the state's court fees law. - Citations and public notice. Notice goes to the heirs and, where the court directs, by publication, so anyone with an objection can come forward. - Grant or contest. If no one objects, probate is usually granted on the papers. If a caveat is filed, the petition becomes a contested suit with evidence. - After the grant. The executor collects and distributes the estate and files an inventory and account if the court asks. ### What if the attesting witnesses have died? The will can still be proved, but it takes more work. The law allows proof of the handwriting of a witness and of the testator through someone who knew it, and the circumstances around the will are examined closely. This is why we draft wills with witnesses who are likely to be available years later, and keep a short note of who was present at signing. ### Will drafting that holds up later A will is valid if the testator signs it and two witnesses attest it, as Section 63 of the Indian Succession Act requires. Registration is optional, but a registered will deed is harder to attack because the sub-registrar records the identity of the person signing. Disputes usually come from what the will leaves unsaid: no residuary clause, assets described loosely, an unexplained exclusion of a child, or a will that clashes with nominations. Our fixed-fee will drafting covers these points, and a codicil handles later changes. ### Section 213 of the Indian Succession Act: what changed Section 213 said that an executor could not establish a right under a will in court without probate, and Section 57 applied this to wills of Hindus and others dealing with property in Mumbai, Kolkata and Chennai. It never applied to Muslims, and Indian Christians were taken out of it by an amendment in 2002. The Repealing and Amending Act, 2025 omitted the section altogether. Executors can now rely on a will in court without first obtaining probate, though proving the will in that case is still their burden. ### When there is no will If there is no will, the estate passes under the personal succession law, such as the Hindu Succession Act for Hindus. Heirs typically need a succession certificate for bank deposits and shares, and a release deed or partition among themselves for property. Our page on inheritance without a will sets out who inherits. ### How long does probate take? An uncontested probate in Mumbai usually takes several months to a year, depending on the court's list and how quickly citations are served. A contested probate becomes a full trial and can take years. Getting every heir's consent affidavit in advance is the surest way to shorten it. ### Frequently asked questions **Is probate mandatory for a will in Mumbai now?** No. Section 213 of the Indian Succession Act, which made probate compulsory for certain wills in Mumbai, Kolkata and Chennai, was omitted in 2025. Probate is still useful where a will may be disputed or an institution asks for court proof. **What is the difference between probate and a succession certificate?** Probate proves a will and confirms the executor's authority over the whole estate. A succession certificate is granted where there is usually no will, and only lets the holder collect debts and securities such as bank deposits and shares. **Who can apply for probate of a will?** Only the executor named in the will. If there is no executor, or the executor will not act, a beneficiary can apply for letters of administration with the will annexed. **Does a registered will need probate?** Registration does not replace probate. It makes the will harder to challenge, but if an institution or a buyer wants court proof, the executor will still need probate. **Can an NRI apply for probate in India?** Yes. An NRI executor can sign the petition and affidavit abroad before an Indian mission or a notary with apostille, and act through a power of attorney for the court steps. We handle such petitions online. **Can a will be challenged after probate is granted?** Only by an application to revoke the grant for just cause, for example fraud, a defect in the proceedings or a later will. Such challenges are difficult, which is one reason probate gives the estate certainty.