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The scales of justice - Eagle Law & Integrity

Frequently Asked Questions

Answers to Common Legal Questions

FAQ

Frequently Asked Questions

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Category

FAQs – Firm related

“Eagle Law and Integrity is a full-service law firm based in Mumbai with a pan-India practice, founded and led by Adv. Kanchan Talreja. The firm advises and represents individuals, families, entrepreneurs and institutions across matrimonial, family, civil, criminal, corporate, real estate and RERA, estate and succession, intellectual property, sports, and arbitration and mediation matters, and runs a dedicated desk for Non-Resident Indians (NRIs).”

“The firm's office is at Dalamal Chambers, New Marine Lines, Mumbai, and it practises pan-India before the Supreme Court of India, High Courts across the country, and district courts, family courts, and tribunals and forums such as the NCLT, RERA authorities, DRT and consumer commissions.”

“You can reach the firm on WhatsApp for urgent matters, by email for documents and detailed queries, or book a slot directly through the online calendar on this website. After a brief intake questionnaire you receive the consultation fee by email, confirm and pay to secure the slot, and attend by video or in person.”

“Consultations can be conducted by video call or in person. Clients elsewhere in India and Non-Resident Indians in the US, UK, UAE, Canada and other countries are represented end-to-end remotely, with documents handled electronically and hearings attended by the firm on the client's behalf.”

“The firm serves clients in English, Hindi, Gujarati and Marathi.”

“Fees depend on the nature, complexity and forum of the matter. The firm follows a transparent process - a clear intake, a stated consultation fee, and an engagement scope agreed in advance before a matter is taken on.”

“No. Submitting an enquiry or intake questionnaire does not by itself create an attorney–client relationship, and information shared does not constitute legal advice until a formal engagement is confirmed in writing.”

“Yes. The firm has a dedicated NRI desk handling cross-border divorce and custody, property and inheritance disputes, powers of attorney, and document attestation and apostille for Indians living in the US, UK, UAE, Canada, Singapore, Australia and elsewhere.”

Category A

Working With a Lawyer - The Basics

Do not ignore it. A legal notice is a formal written demand that usually comes before a court case, so read it carefully, note any deadline to reply, preserve every related document and message, and speak to a lawyer before you respond - because an off-hand reply or a missed deadline can weaken your position. A properly drafted, timely response often resolves or narrows the dispute before it ever reaches court.

As a rule, consult a lawyer whenever a matter involves a court, a legal notice, a contract or property dispute, a family or criminal issue, or significant money or risk. A short consultation to understand your rights, options and time limits is usually far cheaper than acting on assumptions - even if you go on to handle the smaller steps yourself.

Ask who will actually handle your matter and their experience with your type of case, the likely stages and a realistic timeline, how fees are calculated and what they cover, how and how often you will be updated, and what outcomes are realistically possible. A firm should be able to explain your position and your options in plain language before you commit.

Bring everything connected to the matter - any legal notice or court papers, agreements, correspondence including emails and WhatsApp chats, identity proof and, depending on the issue, property papers or financial records. The fuller the picture at the first meeting, the more precise and useful the advice you receive.

Fees typically include a consultation fee and then a fee for the work itself, which may be fixed for a defined task or based on the stages and complexity of the matter; court costs and out-of-pocket expenses are usually separate. A firm should set out the scope and the basis of its fees in advance so there are no surprises.

Yes. Your communications with your advocate for the purpose of obtaining legal advice are protected and confidential, which is exactly why you should be candid about the facts - including the unhelpful ones. Confidentiality lets your lawyer prepare for problems rather than be caught out by them.

You explain your situation, the lawyer asks focused questions and reviews your documents, and you leave with an understanding of your legal position, your realistic options, likely timelines and the next steps. It is also your chance to judge whether the firm is the right fit for you.

No. An enquiry or intake questionnaire does not create a lawyer–client relationship or oblige you to proceed, and nothing you share is legal advice until a formal engagement is confirmed in writing. Until then, you are simply understanding your options.

Act immediately, because court documents carry strict deadlines and ignoring them can lead to an order being passed against you in your absence. Preserve the papers, note the next date, and get legal advice at once so that a proper reply or appearance can be filed in time.

Category B

Divorce & Matrimonial Matters

Before taking any step, get confidential advice on your options, your rights on maintenance, custody and property, and how the process actually works, so an early decision does not harm your position later. If both spouses agree, a mutual consent divorce (Section 13B of the Hindu Marriage Act, 1955) is usually the quickest route; if not, a contested divorce is filed on specific legal grounds.

A mutual consent divorce involves two court motions with a cooling-off period that can, in suitable cases, be waived by the court, so it is generally faster than a contested divorce, which takes longer because evidence must be led. A realistic timeline can only be given once a lawyer understands your specific situation and the court involved.

Maintenance can be claimed both during the case (interim maintenance) and as part of the final outcome, and courts decide it by weighing each party's income, the standard of living during the marriage, and the needs of the spouse and children. Whether you pay or receive, and how much, depends on these facts rather than a fixed formula.

Indian courts decide custody on what is in the best interests and welfare of the child, not on the automatic right of either parent - so mothers, fathers and sometimes other guardians can all seek custody. The child's age, schooling, stability and emotional needs all weigh in, and custody, guardianship and visitation are considered separately.

You can seek urgent protection through the court, including protection orders, the right to stay in your home, financial relief and custody arrangements under the Protection of Women from Domestic Violence Act, 2005, in addition to any criminal complaint. These remedies can often be pursued quickly, and early advice helps you choose the right one.

Get legal advice immediately and do not respond to the allegations without it. Cruelty and dowry-harassment complaints are now dealt with under the Bharatiya Nyaya Sanhita, 2023 (which replaced Section 498A of the IPC), and options such as anticipatory bail may need to be acted on before any arrest, so timing is critical.

Category C

Family, Children & Elders

Custody concerns who the child lives with, while guardianship is the legal authority to take decisions for the child; courts decide both on the welfare of the child under the Guardians and Wards Act, 1890 and personal law. A parent can be given one without the other, and the arrangement can be revisited if circumstances change.

Yes. Custody is not automatically given to the mother - fathers, and in some situations grandparents or other guardians, can seek custody or guardianship, and the court decides on what is best for the child. Each case turns on its own facts and the child's needs.

Yes. Parents and senior citizens can claim maintenance from children or heirs under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, through a relatively quick tribunal process. This is often a faster and simpler route than an ordinary civil case.

Jointly held or ancestral property can be divided either by a registered family settlement, where everyone agrees, or by a partition suit in the civil court where they do not. The share of each family member depends on the succession law that applies and the nature of the property, so it is worth clarifying that before negotiating.

Often, yes. Many family disputes can be resolved through negotiation, a registered settlement or mediation, which tends to be faster, more private and less damaging to relationships than contested litigation. A lawyer can advise whether your matter is suited to settlement and help put any agreement on a legally sound footing.

Category D

Civil, Property & Money Disputes

Read it carefully, note any deadline, gather all related agreements and correspondence, and get legal advice before replying - an unconsidered response can be used against you later. A carefully drafted reply, or the right pre-emptive step, can protect your rights and sometimes settle the matter before a case is filed.

Money owed under a loan, contract, invoice or a dishonoured cheque can usually be recovered by first sending a legal demand notice and then, if needed, filing a recovery suit (or a faster summary suit for certain clear debts). Because there is a time limit to sue, generally three years for many money claims under the Limitation Act, 1963, it is best not to delay.

Depending on the facts, you may need to file or defend a suit for declaration of title, possession, partition or an injunction, and you can usually ask the court for urgent interim protection to stop the property being sold or altered while the case is decided. Property disputes are document-heavy, so early collection of title papers and records is important.

Yes - you can ask the court for a temporary injunction at the very start of a case to preserve the position until the dispute is decided. The court weighs how strong your case looks, where the balance of convenience lies, and whether you would suffer harm that money cannot fix.

The time taken varies widely with the type of dispute, the court and how hard the matter is contested, and appeals add more time. Separately, most civil claims must be filed within the time limit set by the Limitation Act, 1963, and a claim brought too late can be dismissed as time-barred - so acting early matters.

If you have suffered from defective goods, deficient services or unfair practices, you may be able to file a complaint before the consumer commission, which is generally a quicker and lower-cost forum than a regular civil court. A lawyer can tell you whether your grievance fits the consumer framework and how to present it.

Category E

Criminal & Cheque-Bounce Matters

Get legal advice before you say or sign anything, because your early steps can shape the whole case. Depending on the situation, options include applying for anticipatory bail before any arrest, cooperating with the investigation through your lawyer, or, in appropriate cases, seeking to have the FIR quashed - and some of these have to be acted on quickly.

Bail is release from custody after an arrest, whereas anticipatory bail is protection you apply for before arrest, when you fear being arrested in a case. Because anticipatory bail must be sought in advance, the moment you learn of a complaint against you is the time to get advice, not after an arrest.

When a cheque is dishonoured, you can pursue the person who issued it under Section 138 of the Negotiable Instruments Act, 1881, but only if you send a proper demand notice within the time the law allows and then file the complaint in time. These deadlines are strict, so it is important to act promptly once the cheque bounces.

You have the right to know the grounds of your arrest, to inform a family member or friend, to consult a lawyer, and to be produced before a court within 24 hours. Knowing and exercising these rights calmly, with legal help as early as possible, protects your position.

In appropriate cases, a High Court can quash an FIR or criminal proceedings - for example where the allegations do not disclose an offence, or where the parties have genuinely settled a matter the law allows to be compounded. Whether this is possible depends closely on the facts, which is why an early, honest case assessment matters.

These are non-violent, financially motivated matters such as fraud, cheating, criminal breach of trust, forgery and money-laundering allegations. They are usually document-heavy and investigated by specialised agencies, so an organised, strategy-led defence built early makes a real difference.

Category F

Wills, Estate Planning & Inheritance

Good estate planning usually combines a clear, valid will with correct nominations on bank accounts, insurance and investments, and - where useful - instruments such as trusts or gifts, so that your assets pass the way you intend with the least friction. Planning ahead is the single most effective way to spare your family disputes, delay and uncertainty later.

A will lets you decide who receives your assets, name guardians for minor children, and reduce the risk of family disputes; without one, your estate is divided by the default succession law, which may not reflect your wishes. To be valid, a will generally must be made by a person of sound mind, signed by them, and attested by at least two witnesses - registration is optional but often advisable.

Probate is a court's confirmation that a will is genuine and that the executor may deal with the estate. It is compulsory for certain wills - including in and around Mumbai, where the property or the will falls within the Bombay High Court's original jurisdiction - and advisable in other cases to give the executor clear authority, so it is worth checking early which applies to you.

If you die without a will (intestate), your assets pass to your legal heirs according to the succession law that applies to you, which fixes who inherits and in what share - and this may not match what you would have chosen. Heirs may also need a succession certificate or letters of administration from the court to actually access the assets.

Depending on the assets, heirs may need documents such as a death certificate, a will with probate, or a succession certificate or legal-heir certificate to establish their entitlement before banks, registrars and other authorities. A lawyer can identify exactly which documents your situation needs and help obtain them.

Yes - a will can be contested on grounds such as doubt over the person's mental capacity, undue influence, fraud, or improper signing. Careful drafting, proper execution before independent witnesses and, where helpful, medical and witness evidence at the time, greatly reduce the risk of a successful challenge later.

Category G

NRI Legal Services (US, UK, UAE, Canada & worldwide)

Yes. Non-Resident Indians in the US, UK, UAE, Canada and elsewhere can be represented in India largely remotely, with documents handled electronically and the firm appearing before Indian courts and authorities on your behalf, usually through a power of attorney. Personal attendance is needed only in the limited situations where the law specifically requires it.

Yes. NRIs can pursue divorce in India, including mutual consent and contested divorce, coordinated across time zones. Where a foreign court is also involved, the two proceedings need careful handling, so it is important to get advice before starting anything in either country.

Not automatically. An Indian court will recognise a foreign divorce only if it meets certain conditions laid down by law and the Supreme Court, which depend on how and where the divorce was granted and whether both parties participated. Have the foreign decree reviewed before you rely on it for remarriage or property here.

You can sign a power of attorney in your country and have it either attested at the Indian Embassy or Consulate, or notarised and apostilled where that applies, before it is used and, where needed, stamped in India. The firm drafts the power of attorney to fit your exact transaction or case so it is accepted without hitches.

The firm handles NRI property and inheritance disputes - including title and partition disputes, illegal possession and succession - largely remotely, using a power of attorney and electronic communication. Early action matters, because possession on the ground and legal time limits can affect the outcome.

Because India is not a signatory to the Hague Convention on international child abduction, these cross-border custody matters are decided mainly through Indian courts on the welfare-of-the-child principle, often by an urgent petition. They are highly time-sensitive, so prompt, coordinated legal action is essential.

Category H

Brands, Ideas & Intellectual Property

You protect a brand name or logo by registering it as a trademark, after a search to check that it is available, which gives you the exclusive right to use it for your goods or services and a strong basis to stop others copying it. Registering early - ideally before you launch or scale - avoids costly conflicts later.

Depending on what has been copied, you can act against trademark, copyright, design or patent infringement - typically starting with a cease-and-desist notice and, if needed, a civil suit seeking an injunction and damages. Acting quickly helps preserve both the evidence and the remedies available to you.

Copyright arises automatically in an original work - writing, music, art, software, video - the moment it is created, so registration is not compulsory; however, a registration is useful proof of ownership if a dispute ever arises. For important or commercial works, registering is usually worth it.

A new invention can be protected by a patent and the look of a product by a design registration, each through an application process with specific requirements and timelines. Because rights can be lost by disclosing the invention too early, it is best to take advice before you publish, pitch or sell.

The firm helps secure and enforce Indian trademarks, copyrights and other IP, and advises on assigning or licensing IP and on the IP clauses in your contracts, coordinating registration and enforcement in India remotely. This is a common need for founders, creators and NRIs building brands or content linked to India.

Category I

Sports Law

Sports law covers the legal side of professional sport for athletes, coaches, clubs, federations and sponsors - player and endorsement contracts, image rights, sponsorship, selection and eligibility, disciplinary and anti-doping matters, and governance disputes. In India this now sits within the framework of the National Sports Governance Act, 2025 and the anti-doping law, alongside contract and arbitration law.

The key terms to get right are payment, obligations and deliverables, image and endorsement rights, exclusivity, duration, termination, and how disputes will be resolved - because these decide what happens when something goes wrong. Having the agreement reviewed before you sign is far easier than trying to fix it afterwards.

Anti-doping and disciplinary matters are handled under India's anti-doping framework and the relevant federation's own process, and can carry serious consequences such as suspension. These proceedings have strict procedures and short timelines, so specialised representation from the outset is important.

Many sports disputes are resolved through federation tribunals, arbitration or international bodies such as the Court of Arbitration for Sport, rather than ordinary courts, because the contracts and governing rules often require it. The right forum depends on your contract and the sport's governing framework.

Category J

Arbitration & Mediation (Resolving Disputes Out of Court)

In court, a judge decides your case in public; in arbitration, a private arbitrator decides it and gives a binding award; in mediation, a neutral mediator helps you and the other side reach your own settlement, and nothing is imposed. Arbitration and mediation are usually more private and can be quicker than court.

It generally means that if a dispute arises, you must resolve it through arbitration rather than by going straight to court, following the process the clause sets out. Because the clause shapes where and how you can fight or defend a claim, it is worth understanding it before a dispute - and having it reviewed when you sign.

Yes. An arbitral award is binding on the parties and can be enforced like a court decree under the Arbitration and Conciliation Act, 1996, subject only to the limited grounds on which an award can be challenged. Foreign awards can also be enforced in India in line with that Act.

For some kinds of dispute, the law now encourages or requires an attempt at mediation first, and the Mediation Act, 2023 also makes a mediated settlement binding and enforceable. Whether it is a required first step in your case depends on the type of dispute and what your contract says, which a lawyer can quickly confirm.

People often choose these routes for greater privacy, more control over the timeline, and the chance to preserve a business or family relationship, while still reaching an outcome they can enforce. Whether it suits your matter depends on the dispute, the other side and your contract.

Important Notice

Disclaimer

The information available on this website is provided for general informational purposes only and should not be construed as legal advice, legal opinion, or a substitute for professional legal consultation. Accessing this website or communicating with Eagle Law & Integrity through this website does not create a lawyer-client relationship.

Every legal matter depends on its specific facts and applicable law. Readers are encouraged to seek professional legal advice before acting on any information contained on this website.

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