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The Memorandum of Understanding (MoU)is a legally enforceable document which has an appropriate legal sanctity and legal validity. The “Querist” approached the relative with the option of executing an Memorandum of Understanding (MoU) and the relative agreed to the same. The Memorandum of Understanding (MoU) also involves minimum two parties, a lawful consideration and a lawful objective. The terms and conditions mentioned in the Memorandum of Understanding (MoU) are to be completely abided by and complied with by the parties executing the document. Further, in case of a deviation and/or non-

The most important point in here is to mention that very few people are aware of the fact that a person can apply for the registration of copyright for a Computer Software coded by any Individual or Corporate Entity. The “Querist” is a tech-startup which had developed a software whereby the entire accounting and bill generation was possible in few clicks and the unique part was the Invoices could be seen real time by their respective clients.

In the era of competitive global marketing, Trademark registration is considered as the most important piece of the company’s intellectual property. Trademark is considered as a boon in the hands of the producers or the service providers. Trademark is the tool by which these producers or the service providers create their unique identity to show their presence in and outside India. It is at the same time becoming vulnerable to copy by their competitors. So it is vital for the proprietor of the business including both the producers and the service providers that they register their trademark,

In the period of focused worldwide marketing, Trademark registration is considered as one of the most significant intellectual properties of the companies. Trademark is considered as a help in the hands of the producers or the service providers. Trademark is that instrument by which these producers or the service providers make their extraordinary personality to demonstrate their quality in and outside India. It is simultaneously getting to be powerless against duplicate by their rivals. So it is fundamental for the owner of the business including both the makers and the specialist co-ops tha

Intellectual Property has become an important means of amounding tangible wealth as both the intellectual properties and intangible assets jointly form the most significant driving force of the world economy. The scope of the intellectual properties increased very rapidly and regular attempts are made by the producers of new creative ideas to seek protection under the umbrella of intellectual rights. Intellectual Property is classified into two categories, vis-à-vis, Industrial Property, which include inventions (patents), trademarks, industrial designs, and geographical indication of sources

Intellectual Property has turned into significant methods for tangible wealth as both the intellectual properties and intangible assets mutually structure the most critical main thrust of the world economy. The extent of the intellectual properties expanded all-around quickly and normal endeavors are made by the creators of new inventive plans to look for assurance under the umbrella of intellectual rights. Intellectual Property is characterized into two classifications, i.e., Industrial Property, which incorporate inventions (patents), trademarks, industrial designs, and geographical indicat

Trademark is the unique symbol or word which is used to represent a business, its products or services. The trademark has played a very vital role in the setting up the business in this competitive world. It creates a unique identity in the market which is beneficial for both the creators of such product or services and to the consumers. Trademarks help in cementing the trust of the customer by creating its identity for its product and its quality.

It has been a frequently discussed question in India, whether the registration of a trademark gives an absolute right in regard of the trademark to a registered owner, and assuming this is the case, are there any dangers or legal hurdles that can compromise such a right.

At the start, the rights of a registered owner under the Trademark Act should be analysed. The Act gives that the registered owner has an exclusive right to the trademark in regard of the goods and services for which the mark has been registered and can get reliefs against the individuals who use a similar mark. Section 28

The procedure and regulation for acquisition and transfer of immovable property by Non-Resident Indians (NRIs) is governed by Foreign Exchange Management Act, 1999 (FEMA). The Reserve Bank of India has been empowered under Foreign Exchange Management Act, 1999 (FEMA) to frame regulations for restricting, prohibiting and regulating the acquisition or transfer of immovable property in India by Non- Resident Indians.

Sale of immovable property has been defined as a transfer of ownership in exchange for a price paid or promised or partly paid or partly promised under Section 54 of the Transfer of Property Act OF 1882.

For a sale to be a valid sale, it must cover the essential elements as prescribed under Section 54 of the Transfer of Property Act 1882. These elements are as follows:-

Parties- In a sale, there has to be a buyer and a seller. Both of these parties must be competent to enter into a contract as per the Indian Contract Act.
Subject Matter- The subject matter of sale deed should be immova

When a valid sale of a property takes place, it comes with certain compliances. For a valid sale of property, it must come with a valid sale deed or agreement and in order to give such sale deed a valid essence, it must be registered as per the Registrations Act, 1908. The registration of sale and purchase of immovable property is mandatory and ensures conservation of evidence, prevention of fraud and assurance of title. As per the Section 17 of the Registrations Act, 1908, all transactions involving sale of an immovable property for a value exceeding Rs. 100, should be registered. Also, all

The Real Estate (Regulation and Development) Act, 2016 here after referred to as ‘RERA’ is an act of the Parliament of India which seeks to promote the house-buyers as well as to boost investments in real estate industry. The Central and state governments are liable to notify the Rules under the Act within a statutory period of six months.

The Real Estate Act makes it mandatory for all commercial and residential real estate projects where the land is over 500 sq.mtr, or eight apartments, to register with the Real Estate Regulatory Authority (RERA) for launching a project, in order to provi

Illegal transfers of property or mutation are disputes which are quiet often faced by Non-Resident Indians, which has caused a lot of growth in civil lawsuit in India. One must always establish a clear title of property in order to have stake over the ownership and also to avoid fraud.

There are two basic ways in which transfer takes place, i.e., through a Will document or in absence of a Will, through law of natural succession. Also, if the owner is alive and is consenting to hand over his property, it can be done through a Gift deed, which is lawful.

Impact of the Real Estate (Regulation and Development) Act of 2016 (RERA) on builders, developers and realtors (a person who acts an agent for the sale and purchase of buildings) includes the following:

1] Under RERA builders are mandated to register critical information regarding the project which includes layout, promoter details, land title status, statutory approval status, agreements, and details of the brokers, architects and contractors. Failure to register this information will lead them to penalties.

The buyers have had problems such as the delay in possession, transfer of the deed or poor quality projects and much more and the builders are not held accountable for their actions or lack thereof. To ensure the timely possession of the properties the Real Estate (Regulation and Development) Act of 2016 (RERA) has made some provisions. RERA has been introduced mainly to protect the interest of consumers and property buyers

A foreign national is any person who is not a national of the country in which he or she is residing and NRIs are overseas Indians, officially known as Non-Resident Indians or Person of Indian origin, are people of Indian birth, descent, origin who lives outside the Republic of India.

An NRI or person of Indian origin (PIO), as defined in FEMA and as stated above, can acquire by way of purchase, any immovable property in India, other than agricultural land/plantation property/farm house. This is under a general permission that has been given by the Government of India. However, no person b

In the background of recent security breaches and computer databases hacks the protection of databases assumes utmost priority. The loss of data or its derivatives could lead to data hacks, personal data misuse, illegal financial transactions and abuse of the data for ulterior motives.

The professional team of Advocates & Lawyers of My Lawyers Advice are taking up an initiative solely to educate and enlighten the public at large with respect to the various aspects of different laws and/or legislations vis a vis their legal implications and importance while duly considering the legal procedures involved. The professional Advocates & Lawyers are sharing their experiences solely for the purpose of spreading legal education. The name of the actual entity and/or person is hidden and shall be hereinafter mentioned and referred to as “Querist”.

The professional team of Advocates & Lawyers of My Lawyers Advice are taking up an initiative solely to educate and enlighten the public at large with respect to the various aspects of different laws and/or legislations vis a vis their legal implications and importance while duly considering the legal procedures involved. The professional Advocates & Lawyers are sharing their experiences solely for the purpose of spreading legal education. The name of the actual entity and/or person is hidden and shall be hereinafter mentioned and referred to as “Querist”.

The professional team of Advocates & Lawyers of My Lawyers Advice are taking up an initiative solely to educate and enlighten the public at large with respect to the various aspects of different laws and/or legislations vis a vis their legal implications and importance while duly considering the legal procedures involved. The professional Advocates & Lawyers are sharing their experiences solely for the purpose of spreading legal education. The name of the actual entity and/or person is hidden and shall be hereinafter mentioned and referred to as “Querist”.