Family & Testamentary Law

Intellectual Property Rights pose a significant challenge to the owners particularly when operating in global markets. The digitization of information, data and entertainment related content has raised additional issues. LawQuest’s team understands the need to help its clients identify and safeguard their IP which include Patents, Trademarks, Designs, Copyrights or Geographical indicators or a combination of these. LawQuest’s services include strategic advice, negotiations, drafting, conducting due diligence searches, title verification, registration, providing legal opinions, litigation and alternate dispute resolution.

Legal Services Include

• Registration and prosecution of Trademarks, Patents, Designs, Copyrights and Geographical Indicators
• Licensing and assignment of IP
• Strategizing to create a portfolio of IP rights, to achieve maximum protection
• Official searches in India and abroad
• IP litigation before courts and special tribunals in India and abroad
• Strategic Advice on offering IP as a security
• IP specific documentation (especially Non-Disclosure and Secrecy Agreements)
• Data Protection and Privacy law
• Managing data and privacy in outsourcing contracts
• Client confidentiality in Legal Process Outsourcing arrangements

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Family law is an area of the law that deals with family-related issues such as marriage, civil unions, domestic partnerships, adoption, surrogacy, child abuse, divorce, annulment, property settlements, alimony and parental responsibility.

Practices related to Family Law are Adoption, Alimony, Child Abduction, Child Support and Custody, Child Visitation, Collaborative Law, Divorce, Domestic Violence, Elder Law, Juvenile Law, Paternity, and Pre-nuptial Agreements among other.

What is a Will?

Will is a legal declaration of the intention of a testator with respect to his property, which he desires to be carried into effect after his death. It is testamentary instrument by which a person makes disposition of his property to take effect after his death, and which, in its own nature, is revocable during his life.

Is a Will required?

When a persons dies without making a will then a lot of problems and complications may arise with respect to the assets and property he/she have left behind himself/herself. A will is required so that we do not put our family in any predicament involving disputes after our death.

Legal Terminology:

Will is defined as "the legal declaration of the intention of the testator, with respect to his property, which he desires to be carried into effect after his death." In other words, a Will or a Testament means a document made by person whereby he disposes of his property, but such disposal comes into effect only after the death of the testator.

Codicil is an instrument made in relation to a Will, explaining, altering or adding to its dispositions and is deemed to be a part of the Will.

Executor is the legal representative for all purposes of a deceased person (testator) and all the property of a testator vests in him.

Legatee/Beneficiary is a person who inherits the property under a Will.

Probate is a copy of the Will, certified under the seal of a competent Court. Testator is a person making a Will and executing it

Applicable laws & Special provisions

Applicable Laws

• The Indian Succession Act, 1925
• Hindu Personal Laws
• Muslim Personal Laws
• The Indian Registration Act, 1908

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