Civil and commercial litigation in India serves as a vital
mechanism for resolving disputes among individuals,
businesses, and organisations. Civil litigation addresses
civil law matters, i.e. non-criminal matters, encompassing
contractual disagreements, property rights, family issues
(including divorce and child custody), and tort claims. In
contrast, commercial litigation focuses on business-related
conflicts, including breaches of contract, intellectual
property disputes, and financial disagreements.
The framework for civil litigation in India is established by
the Civil Procedure Code (CPC). Parties are empowered to
initiate lawsuits to assert their legal rights within civil
courts. Common civil disputes often involve property issues,
inheritance concerns, personal injury claims, and consumer
protection cases. Conversely, commercial litigation tackles
disputes related to business operations, which include
contractual disagreements, intellectual property issues,
financial transactions, and corporate governance. This
critical area of law is regulated by various statutes,
including the Indian Contract Act and the Companies Act.
Commercial disputes frequently present intricate challenges
involving mergers and acquisitions, joint ventures,
competition law, and business agreements.
Litigation—both civil and commercial—takes place within the
esteemed corridors of Indian courts, where alternative dispute
resolution (ADR) mechanisms, such as arbitration and
mediation, offer efficient avenues for timely resolution. ADR
provides a plethora of advantages over traditional litigation,
including reduced costs, expedited resolution times,
confidentiality, and flexible processes that afford greater
control to the parties involved. These methods not only help
preserve valuable relationships but also foster an environment
conducive to innovative solutions, rendering them
cost-effective and efficient options for dispute resolution.
At Thakran Legal, we proudly offer a comprehensive suite of
litigation services characterized by expert legal
representation and an unwavering commitment to safeguarding
our clients' rights while facilitating effective dispute
resolution. Our distinguished team specializes in a broad
spectrum of civil and commercial law, encompassing contractual
disputes, property litigation, family law conflicts, and
probate and inheritance matters. We meticulously tailor our
legal strategies to meet the unique needs of each client,
ensuring personalized and effective advocacy.
Our comprehensive services span the entire litigation process,
from initial legal consultations and document preparation to
skilled negotiation and court representation. We are dedicated
to achieving the most favourable outcomes for our clients by
providing clear, actionable advice and steadfast advocacy
throughout their legal journey.
With a resolute commitment to justice, we strive to deliver
comprehensive solutions underpinned by our extensive expertise
in civil law. Whether clients face personal legal challenges
or navigate complex business disputes, our team is devoted to
guiding them toward favourable resolutions with unparalleled
professionalism and insight. Contact Thakran Legal for your
civil litigation needs and experience the distinct advantages
of collaborating with dedicated and skilled legal
professionals who are passionate about your success.
Frequently Asked Questions - Divorce & Matrimonial Law
In India, divorce may be filed on various grounds,
including mutual consent, cruelty, desertion,
adultery, or separation. A petition is submitted to
the family court, which is subsequently followed by
the issuance of a decree.
The duration of the divorce process can range from six
months to one to two years, contingent upon whether
the case is initiated with mutual consent or
contested, as well as the caseload of the court.
A mutual consent divorce occurs when both spouses
agree to the dissolution of the marriage and
collaboratively settle issues such as alimony and
child custody. They file a petition together in the
family court.
Divorce may be sought on grounds such as adultery,
cruelty, desertion, mental illness, impotency,
religious conversion, or incurable diseases. The
applicability of certain grounds may differ for men
and women under various legal frameworks.
Yes, women in India possess the same legal rights as
men to initiate divorce proceedings. The legal system
is gender-neutral, affording equal rights to all
parties involved in divorce cases.
Alimony constitutes financial support that one spouse
may be obligated to provide to the other following a
divorce. The determination of the amount is influenced
by factors such as income, lifestyle, and the needs of
the receiving spouse.
Divorce results in the dissolution of a valid
marriage, whereas annulment renders a marriage void,
asserting that it was never legally valid due to
issues such as fraud, underage marriage, or lack of
consent.
Yes, if either spouse is an Indian citizen residing
abroad, they may file for divorce either in India or
in the jurisdiction of the foreign country, depending
on the relevant circumstances and legal
considerations.
Frequently Asked Questions - Inheritance & Succession Law
Inheritance law in India pertains to the distribution
of a deceased person's estate, including property and
assets, among legal heirs. It varies based on
religion, such as Hindu (which encompasses Buddhists,
Jains, and Sikhs and is governed by the Hindu
Succession Act), Muslim, and Christian (governed by
the Indian Christian Marriage Act), among others
(governed by the Indian Succession Act).
A will is a legal document in which a person specifies
how their property should be distributed after their
death. It ensures that the deceased's wishes are
honored and helps prevent disputes among heirs.
Under Hindu law, legal heirs include the deceased's
spouse, children, parents, and, in some cases, other
relatives such as siblings and grandchildren. The
order of succession depends on the type of property.
Yes, a Hindu person can disinherit their children in a
will. However, the disinherited children may challenge
the will if they believe it violates their legal
rights, particularly concerning ancestral property.
Ancestral property refers to property inherited
through up to four generations of male lineage. It
cannot be sold or disposed of without the consent of
all co-parceners and is shared equally among legal
heirs.
A legal heir is a person who has the right to inherit
property by law, while a successor is someone who
inherits property from a deceased person, either
through a will or intestate succession.
Intestate succession is the process through which
property is distributed when a person dies without a
will. The distribution follows the rules of the
applicable personal law or the Indian Succession Act,
typically dividing the property equally among legal
heirs such as children and the spouse.
Any legal heir or person who believes they have a
rightful claim to the property can contest a will in
India. This may include children, spouses, or others
with a legal interest in the estate.