Category Archives: Expertise

Wills and Probate

Wills and Probate

There are basically a lot of misunderstandings among people when it comes to the concept of a ‘Will’. Several questions come to one’s mind regarding the ‘Will’ such as who should make a Will, when it should be made, how to make a ‘Will’, whether to make a ‘Will’ at all or not etc.

 

It is relevant to note that you and you alone have all the freedom and every right to make plans about your wealth, property and estate. You do not require anybody’s consent or permission to do this. You should take special note of the fact that nobody can violate the rules or framework you have laid down for disposal of your wealth, property or estate. It doesn’t matter whether your property is movable or immovable, whether it lies in India or abroad. However, if we do not avail of this right, then your wealth shall be divided and distributed as per the Hindu Succession Act, 1956. However, the wealth of the persons who are Muslims, Parsis, Christians or Jews by religion is divided and distributed as per the different customs and rules set for that particular religion.

 

Before proceeding any further & adopting the specimen format, it is advisable that you must seek a Lawyer’s advice on this subject as the gravity of this document is quite remarkable.

Important points:
  • Will is a legal document declaring a person’s wishes regarding the disposal of his property to take effect after his death.
  • A Will is required to be in written form. Oral wish is not entertained by the law since it cannot be implemented legally.
  • Although it is not necessary to write this document on a stamp paper, it is advisable to write it on a ledger paper (green colour sheets used for Agreements).
  • It is also not binding to register the Will document with Sub-Registrar of Assurances.
  • Both, the registered or non-registered Will documents hold equal value from legal point of view.
  • The document should contain clear mention to the effect that the said Will is your final or Last Will and that you have not made any Will prior to this and that if you have made any will prior, then you are thereby cancelling the same along with its Codicils, if any.
  • In case two Will documents do exist at one and the same time, then, the one which is signed last –both by Date & Time is held to prevail and would be acted upon by ignoring the one singed earlier in point of time.
  • In order to avoid any sort of confusion, it is recommended that one should keep ONLY one will document at a given point of time. Once a new Will is made, executed by the testator /testatrix, care may be taken to destroy, burn or cut to pieces the previous Will as well as codicils (a supplement to a will intended to alter an already executed will) , if any.

Mediation and Negotiation

Mediation and Negotiation

Due to the significant downsides to Litigation, Mediation has become an increasingly appealing alternative to spending months or years embroiled in legal proceedings. Mediation is a process that uses a neutral third party to help negotiate a dispute between two or more parties and reach a resolution that both can be comfortable with. Mediation can occur in conjunction with litigation, and some courts require parties to attempt mediation, or it can be an alternative to try before proceeding with a legal complaint in court. Mediation is generally voluntary and involves the use of one individual, often a former judge in most cases, who familiarizes himself or herself with the nature of the dispute and each party’s arguments, and then attempts to move both parties toward an amicable resolution. Information provided in mediation cannot be used in later court proceedings, and thus mediation presents a safe and neutral ground for hashing out the details of a case. While the actual mediation may initially take place over a period of eight to ten hours in a day, if the dispute is not immediately resolved, many mediators will continue to work with both parties over the course of weeks and months, even after litigation begins, to attempt to reach a resolution.

 

Negotiation is more flexible compared to the above three methods of ADR. A non-binding procedure in which discussions between the Parties are initiated without the intervention of any third party, with the object of arriving at a negotiated settlement of the dispute. It is a cooperative problem-solving method without the assistance of a third party unlike other methods of ADR. It doesn’t mean that parties cannot avail the services of professional negotiators, they can avail the services of professional negotiators to represent them while negotiating. The success of negotiation depends abound on the preparation, planning and bargaining skills of the parties. In India, Negotiation doesn’t have any statutory recognition. Negotiation is self-counselling between the Parties to resolve their dispute. Negotiation is a process that has no fixed rules but follows a predictable pattern.

 

Negotiation is a skill that had its presence in Indian Village and was basically done by the Gram Panchayat Level. The scope for negotiation has only increased manifold with the passage of time. The intricacies and nitty-gritty of modern business, commerce and personal relationships have raised the importance of this skill.

 

We at Fireflies Legal LLP, assist our clients in negotiating diplomatically, with their opponents, in any realms, in their business and personal requirements. We assist our clients in holding result oriented discussions and meetings with third parties.

 

Design Services

DESIGN SERVICES

Design means only the features of shape, configuration, pattern or ornament or composition of lines or colour or combination thereof applied to any article whether two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye but does not include any mode or principle of construction or anything which is in substance a mere mechanical device and does not include any trade mark, property mark or artistic works as defined in respective Trademark and Copyright Act. The Design should be new or original, not previously published or used in any country before the date of application for registration. The novelty may reside in the application of a known shape or pattern to new Subject matter
  • Design Searches
  • Design Registration, Infringement Analysis/ Opinion
  • Status of Registration/ Scope of protection
  • Preparing, Filing, and Prosecuting of Design Applications
  • Replying to the various queries;
  • Design Watch & Litigation
  • Design Opposition, Rectification, Removal
  • Action of Infringement & Passing Off
  • Assignment, Licenses and Transmission, Drafting Deed Form, Consequent Registration of Assignment
  • Keeping clients update on similar mark published in gazette;
  • Drafting of Agreement relating to Design
  • Design Portfolio Management and maintenance
  • Litigation of Design matters, Opposition, Infringement, Enforcement

General Works

general works

Registration Works

We assist our clients in the registration of properties, agreements, deeds, documents; registration and formation of trusts, societies, clubs, associations, partnership firms, incorporation of companies; registration of marriage, births, death etc.

 

Elder Laws

Our practice in this area consists of counseling in Estate planning, drafting planning and registration of wills, trusts, arrangements for care, social security and retirement benefits, protection against elder abuse (physical, emotional and financial), and other concerns of older people under proper medical and professional advice and guidance.

 

Legal Aid

We also take cases at our decision for free of costs as directed by any NGO or Societies to ensure justice is given to those who cannot bear the Legal fees.