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Advocates for Adoption of child

CUSTODY OF CHILD –

Section 26 of Hindu Marriage Act, 1955 deals with Custody of Children
In any proceeding under this Act, the court may, from time-to-time, pass such interim orders and make such provisions in the decree as it may deem just and proper with respect to the custody, maintenance and education of minor children, consistently with their wishes, wherever possible and may, after the decree, upon application by petition for the purposes make from time-to-time, all such orders and provisions with respect to the custody, maintenance and education of such children as might have been made by such decree or interim orders in case the proceeding for obtaining such decree were still pending and the court may also from time-to-time revoke, suspend or vary any such orders and provisions previously made:
Provided that the application with respect to the maintenance and education of the minor children, pending the proceeding for obtaining such decree, shall as far as possible, be disposed of within sixty days from the date of service of notice on the respondent.

Section 38 of the Special Marriage Act, 1954 deals with Custody of Children (Court marriage or couple from different faith)
In any proceeding under Chapter V or Chapter VI the District Court may, from time-to-time, pass such interim orders and make such provisions in the decree as it may seem to it to be just and proper with respect to the custody, maintenance and education of minor children, consistently with their wishes wherever possible, and may, after the decree, upon application by petition for the purpose, make, revoke, suspend or vary, from time-to-time, all such orders and provisions with respect to the custody, maintenance education of such children as might have been made by such decree or interim orders in case the proceedings for obtaining such decree were still pending.

Provided that the application with respect to the maintenance and education of the minor children, during the proceeding, under Chapter V or Chapter VI, shall as far as possible, be disposed of within sixty days from the date of service of the notice on the respondent.
Section 41 of the Divorce Act, 1869 deals with Custody of Children for couple following Christian faith
Power to make orders as to custody of children in suit for separation- In any suit for obtaining a judicial separation the Court may from time-to-time, before making its decree, make such interim orders, and may mill such provision in the decree, as it deems proper with respect to the custody maintenance and education of the minor children, the marriage of whose parents is the subject of such suit, and may if it thinks fit, direct proceedings to be taken for placing such children under the protection of said Court.

Section 42. Power to make such orders after decree.-
The Court, after a decree of judicial separation, may upon application (by petition) for this purpose make, from time-to-time, all such orders and provisions, with respect to the custody, maintenance and education of the minor children, the marriage of whose parents is the subject of the decree, or for placing such children under the protection of the said Court, as might have been made by such decree or by interim orders in case the proceedings for obtaining such decree were still pending.
Section 43. Power to make orders as to custody of children in suits for dissolution of nullity.-
In any suit for obtaining a dissolution of marriage or a decree of nullity of marriage instituted in a District Court, the Court may, from time-to-time before making its decree, make such interim orders as it may deem proper with respect to the custody, maintenance and education of the minor children, the marriage of whose parents is the subject of the suit, and may, if it think fit, direct proceedings to be taken for placing such children under the protection of the Court.

Since the custody of the minor is involved, the courts have taken the view that it should also take into consideration the provisions of the Hindu Minority and Guardianship Act, 1956 and particularly, section 6 of the Act which reads as under:
Section 6 of the Natural Guardians of a Hindu Minor:-

The natural guardian of a Hindu minor, in respect of the minor’s person as well as in respect of the minor’s property (excluding his or her undivided interests in joint family property), are-
(a) in the case of a boy or an unmarried girl-the father, and after him, the mother-provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother;
(b) in the case of an illegitimate boyar an illegitimate unmarried girl-the mother, and after her, the father;
(c) in case of a married girl-the husband:
Provided that no person shall be entitled to act as the natural guardian of a minor under the provisions of this section-
(a) if he has ceased to be a Hindu; or
(b) if he has completely and finally renounced the world by becoming a hermit (Vanaprastha) or an ascetic (Yati or Sanyasi).

Explanation.- In this section, the expressions “father” and “mother” do not include a step-father and a step-mother.
Under all the Acts, the Court has been empowered to pass interim order when the proceedings are pending or even after a decree has been passed in respect of custody, maintenance and education of the minor children. Not only this, the court has the power to revoke, suspend or vary any such order from time-to-time these orders have to be passed by a Matrimonial Court at anyone of the following stages of marital proceedings:-
Interim orders: These orders are passed when the proceedings are pending between the parties till the matter is finally disposed of.
Permanent Orders: These orders are passed when the matter is finally disposed of and a decree is passed.

Subsequent to the passing of the decree: In this case, the Court may be called upon to pass an order in two situations:
(i) Where in a matrimonial proceedings, no application has been made by either of the party for custody and after passing of the decree, a fresh petition may be made for custody, maintenance and education of the minor children; or

(ii) When the court has already passed a permanent order of custody, an application has been made to modify, revoke or suspend or vary any order.
The orders in respect of custody, maintenance and education of the minor children are very vital in the matrimonial proceedings as it affects not only the children, but the parents also. Therefore, the Court has to be very cautious in dealing with the such applications. Such orders are not final and the Court is

empowered to alter or modify any order at any stage of the proceedings or subsequent at any time. After passing of the decree the child has attained majority.
Thus, the Court exercises jurisdiction in respect of custody, maintenance and education of the minor children till they attain the age of majority. This power of the Court is very delicate and the Legislature reposed confidence in the Matrimonial Courts which has to be exercised in a judicious way and in the best

interest of the minor children.
The expression “Minor Children” includes children either born of the marriage or born to the party prior to marriage, born of the marriage which has been declared null and void or dissolved by a decree of divorce. It also includes
the children adopted by both the parties. However, it does not include the children which have been adopted by a wife prior of her marriage, section is not attracted to the children belonging to one of the parties prior to the marriage, It means that the children belonging to both the parties to the marriage, whether after the marriage or before the marriage or by way of adoption.

If the marriage proceedings are dismissed by the court, the proceedings related to children terminate automatically.
In a proceedings before Matrimonial Courts, the Courts have to decide the question of custody of children. The Courts retain this power not only during the pendency of proceedings, but also after passing of a decree. It can revoke, suspend or vary, any such order made earlier. While giving the custody of a child, the Courts have to keep in mind the welfare of a child which is a paramount consideration. Though other factors are also important, but welfare of the minor is of utmost consideration while disposing of an application for custody of minor children. The wish of a child is also equally important. But the wish of the child becomes relevant, if the child is old enough to make an intelligent preference. in the case of a female child generally the Courts have given custody to the mother as on attaining the age of puberty, such child requires the care and attention of the mother. Thus, over and above of all factors, it is the welfare of the child which is the decisive factor while deciding the question of giving custody of a child.

CHILD CUSTODY
In all matrimonial proceedings, the most important and complex issue is that of Child Custody. In Court room, its like battle line are drawn and both the parties are not ready to loose even an inch. It appears as if through the medium of child custody, both the spouses want to establish the guilt and fault of the other party.
Though all matrimonial laws provides a provision regarding custody of child, but the real power lies under Guardian and Wards Act-1890. Guardian and wards card are empowered to determine the issue of child custody.
Generally speaking, Guardian and Wards Court have power to grant:

Permanent Custody
Interim Custody
Visitation Right

Permanent Custody is awarded by the Court after determination of all aspect of the case. Prime Criterion before awarding final custody in favor of one spouse as against the other is WELFARE OF THE CHILD.
Important factors, amongst other, which are considered by the Court in awarding custody are:
a. Education of the father
b. Education of the Mother
c. Family background of the Husband which includes financial and educational background.
d. Family background of the Wife
e. Financial Background of the Husband and Wife
f. Wishes of the minor
g. Better chances of overall development of personality of child.
h. Conduct of the parties

Interim Custody is awarded by the Court during the pendency of the case before it. Generally, the Court awards interim custody when such an order does not affect the over all development of the child and same is in no way prejudicial to the interest of the minor. Court tries to bring equilibrium between the husband and wife and also keeps a vigilant eye that the child should not become shuttle cock between warring spouses. While awarding interim custody, Court has power to impose certain conditions which could be deposition of passport of minor, if any and/or direct the party to deposit its own passport so that the child could not be removed from the jurisdiction of the Court.
Visitation Right is granted by the Court at two stages. Firstly, at the stage of trial, and the other, after determination of entire issue of the appointment of Guardianship of minor by the Court. Indian law is clear on the point the proper development of the child is possible only after the child is showered with the love and affection of both the father and mother. Once the permanent custody is granted to one of the spouse, other parent has an inalienable right to meet the child(ren) one or twice a week or as directed by the Court. The object of law is that the emotional bond between child and father or mother, as the case may be, should not be snapped.
In nut shell, we can say that welfare of the child is the paramount consideration before the court while adjudicating the claims of husband and wife over the child.

A good child custody lawyer in India is a one who is not only aware about the laws and rules and plethora of cases but also has the ability to bear the emotional and psychological need of either of the father or mother. A good Child custody lawyer has to handle the legal and emotional issues with utmost precision. Custody lawyer have to act not only as a professional but also a human being with the heart of parent to fight out the child custody case in the Court of law.

ISSUE OF CHILD CUSTODY AND ACCESS:-
If divorce is inevitable, bitter battles cannot be the option to settle issues of child custody and access. Custody of a child, when parents divorce, only implies as to who the child will physically reside with. Both parents continue to be natural guardians.
The custodial parent will be the primary caretaker responsible for the emotional, medical and educational needs of the child and the non-custodial parent who does not lose the rights over the child will have the right of access.
Over the years, there is a shift from custody and access being the ‘right of a parent’ to being the ‘right of a child’. The non-negotiable principle on which custody is decided is the ‘best interest and welfare of the child’. Who will best serve the child’s emotional, educational, social and medical needs is the only criteria.
The earning capacity of the parent does not determine custody but the capacity to provide a safe and secure environment does. A non-earning mother will not be disqualified but the earning father will be asked to provide child support. While the mother is the preferred custodial parent when the child is of a tender age, once the child attains a discernible age, his/her wishes will be considered while deciding the issue of custody and access .
The belief that once a child attains a particular age, the father shall have uncontested right is misplaced and wrong.
This principle of best interest of the child ought to also apply in case of mutual divorce. Who will the child stay with, what will be the terms of access, how will the child’s living and educational costs be met?
Parties have larger negotiating space where more innovative terms can be evolved; like joint custody, a concept that does not exist in statutes but has evolved while negotiating divorce settlements. In this, both parents will have legal custody but one will have the physical custody and be the primary caretaker.

Access to the non-custodial parent could be weekly, fortnightly, daily or monthly. It could be just day access or overnight access with gradual increase including weekend and/or vacation, access on special days, etc. It could also be free access with no fixed schedule, but as per the parents and the child’s convenience, could include the non-custodial parent’s right to school events, etc.
One ought to remember that as a parent every ‘right’ you exercise ought to also have a corresponding ‘duty’ towards the child. As important as the right to custody or access is, so is the duty to provide for and maintain the child. The parties can agree to a one-time lump-sum amount or a staggered payment either at different stages of the child’s educational life or a monthly amount with incremental increase. Whatever it be, it ought to be sufficient for the day-to-day expenses of the child to maintain or improve the standard of living.

Property in the name of the child with either parent as the guardian can also be given as a lump sum with the rent from the property used for monthly maintenance expenses. Investments which could yield a larger return at a later point such as insurance and educational policies could also be factored in. Provisions for unforeseen situations such as medical emergency should also be considered.
A misgiving that the money set aside for the child could be misused by the custodial parent or that the non-custodial parent could abuse the terms of access alone should not prevent an amicable settlement.

The court is parens patriae, the ultimate guardian of the child and her/his property and so minor’s property/income is amply protected by law and terms of custody, access and child support can be altered in changed circumstances and/or in the interest of the child. It has to be ‘the best interest of the child’.

By |October 28th, 2017|Advocates for Adoption of child|0 Comments

Advocates for Custody of Child in pune

CUSTODY OF CHILD –

Section 26 of Hindu Marriage Act, 1955 deals with Custody of Children
In any proceeding under this Act, the court may, from time-to-time, pass such interim orders and make such provisions in the decree as it may deem just and proper with respect to the custody, maintenance and education of minor children, consistently with their wishes, wherever possible and may, after the decree, upon application by petition for the purposes make from time-to-time, all such orders and provisions with respect to the custody, maintenance and education of such children as might have been made by such decree or interim orders in case the proceeding for obtaining such decree were still pending and the court may also from time-to-time revoke, suspend or vary any such orders and provisions previously made:
Provided that the application with respect to the maintenance and education of the minor children, pending the proceeding for obtaining such decree, shall as far as possible, be disposed of within sixty days from the date of service of notice on the respondent.

Section 38 of the Special Marriage Act, 1954 deals with Custody of Children (Court marriage or couple from different faith)
In any proceeding under Chapter V or Chapter VI the District Court may, from time-to-time, pass such interim orders and make such provisions in the decree as it may seem to it to be just and proper with respect to the custody, maintenance and education of minor children, consistently with their wishes wherever possible, and may, after the decree, upon application by petition for the purpose, make, revoke, suspend or vary, from time-to-time, all such orders and provisions with respect to the custody, maintenance education of such children as might have been made by such decree or interim orders in case the proceedings for obtaining such decree were still pending.

Provided that the application with respect to the maintenance and education of the minor children, during the proceeding, under Chapter V or Chapter VI, shall as far as possible, be disposed of within sixty days from the date of service of the notice on the respondent.
Section 41 of the Divorce Act, 1869 deals with Custody of Children for couple following Christian faith
Power to make orders as to custody of children in suit for separation- In any suit for obtaining a judicial separation the Court may from time-to-time, before making its decree, make such interim orders, and may mill such provision in the decree, as it deems proper with respect to the custody maintenance and education of the minor children, the marriage of whose parents is the subject of such suit, and may if it thinks fit, direct proceedings to be taken for placing such children under the protection of said Court.

Section 42. Power to make such orders after decree.-
The Court, after a decree of judicial separation, may upon application (by petition) for this purpose make, from time-to-time, all such orders and provisions, with respect to the custody, maintenance and education of the minor children, the marriage of whose parents is the subject of the decree, or for placing such children under the protection of the said Court, as might have been made by such decree or by interim orders in case the proceedings for obtaining such decree were still pending.
Section 43. Power to make orders as to custody of children in suits for dissolution of nullity.-
In any suit for obtaining a dissolution of marriage or a decree of nullity of marriage instituted in a District Court, the Court may, from time-to-time before making its decree, make such interim orders as it may deem proper with respect to the custody, maintenance and education of the minor children, the marriage of whose parents is the subject of the suit, and may, if it think fit, direct proceedings to be taken for placing such children under the protection of the Court.

Since the custody of the minor is involved, the courts have taken the view that it should also take into consideration the provisions of the Hindu Minority and Guardianship Act, 1956 and particularly, section 6 of the Act which reads as under:
Section 6 of the Natural Guardians of a Hindu Minor:-

The natural guardian of a Hindu minor, in respect of the minor’s person as well as in respect of the minor’s property (excluding his or her undivided interests in joint family property), are-
(a) in the case of a boy or an unmarried girl-the father, and after him, the mother-provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother;
(b) in the case of an illegitimate boyar an illegitimate unmarried girl-the mother, and after her, the father;
(c) in case of a married girl-the husband:
Provided that no person shall be entitled to act as the natural guardian of a minor under the provisions of this section-
(a) if he has ceased to be a Hindu; or
(b) if he has completely and finally renounced the world by becoming a hermit (Vanaprastha) or an ascetic (Yati or Sanyasi).

Explanation.- In this section, the expressions “father” and “mother” do not include a step-father and a step-mother.
Under all the Acts, the Court has been empowered to pass interim order when the proceedings are pending or even after a decree has been passed in respect of custody, maintenance and education of the minor children. Not only this, the court has the power to revoke, suspend or vary any such order from time-to-time these orders have to be passed by a Matrimonial Court at anyone of the following stages of marital proceedings:-
Interim orders: These orders are passed when the proceedings are pending between the parties till the matter is finally disposed of.
Permanent Orders: These orders are passed when the matter is finally disposed of and a decree is passed.

Subsequent to the passing of the decree: In this case, the Court may be called upon to pass an order in two situations:
(i) Where in a matrimonial proceedings, no application has been made by either of the party for custody and after passing of the decree, a fresh petition may be made for custody, maintenance and education of the minor children; or

(ii) When the court has already passed a permanent order of custody, an application has been made to modify, revoke or suspend or vary any order.
The orders in respect of custody, maintenance and education of the minor children are very vital in the matrimonial proceedings as it affects not only the children, but the parents also. Therefore, the Court has to be very cautious in dealing with the such applications. Such orders are not final and the Court is

empowered to alter or modify any order at any stage of the proceedings or subsequent at any time. After passing of the decree the child has attained majority.
Thus, the Court exercises jurisdiction in respect of custody, maintenance and education of the minor children till they attain the age of majority. This power of the Court is very delicate and the Legislature reposed confidence in the Matrimonial Courts which has to be exercised in a judicious way and in the best

interest of the minor children.
The expression “Minor Children” includes children either born of the marriage or born to the party prior to marriage, born of the marriage which has been declared null and void or dissolved by a decree of divorce. It also includes
the children adopted by both the parties. However, it does not include the children which have been adopted by a wife prior of her marriage, section is not attracted to the children belonging to one of the parties prior to the marriage, It means that the children belonging to both the parties to the marriage, whether after the marriage or before the marriage or by way of adoption.

If the marriage proceedings are dismissed by the court, the proceedings related to children terminate automatically.
In a proceedings before Matrimonial Courts, the Courts have to decide the question of custody of children. The Courts retain this power not only during the pendency of proceedings, but also after passing of a decree. It can revoke, suspend or vary, any such order made earlier. While giving the custody of a child, the Courts have to keep in mind the welfare of a child which is a paramount consideration. Though other factors are also important, but welfare of the minor is of utmost consideration while disposing of an application for custody of minor children. The wish of a child is also equally important. But the wish of the child becomes relevant, if the child is old enough to make an intelligent preference. in the case of a female child generally the Courts have given custody to the mother as on attaining the age of puberty, such child requires the care and attention of the mother. Thus, over and above of all factors, it is the welfare of the child which is the decisive factor while deciding the question of giving custody of a child.

CHILD CUSTODY
In all matrimonial proceedings, the most important and complex issue is that of Child Custody. In Court room, its like battle line are drawn and both the parties are not ready to loose even an inch. It appears as if through the medium of child custody, both the spouses want to establish the guilt and fault of the other party.
Though all matrimonial laws provides a provision regarding custody of child, but the real power lies under Guardian and Wards Act-1890. Guardian and wards card are empowered to determine the issue of child custody.
Generally speaking, Guardian and Wards Court have power to grant:

Permanent Custody
Interim Custody
Visitation Right

Permanent Custody is awarded by the Court after determination of all aspect of the case. Prime Criterion before awarding final custody in favor of one spouse as against the other is WELFARE OF THE CHILD.
Important factors, amongst other, which are considered by the Court in awarding custody are:
a. Education of the father
b. Education of the Mother
c. Family background of the Husband which includes financial and educational background.
d. Family background of the Wife
e. Financial Background of the Husband and Wife
f. Wishes of the minor
g. Better chances of overall development of personality of child.
h. Conduct of the parties

Interim Custody is awarded by the Court during the pendency of the case before it. Generally, the Court awards interim custody when such an order does not affect the over all development of the child and same is in no way prejudicial to the interest of the minor. Court tries to bring equilibrium between the husband and wife and also keeps a vigilant eye that the child should not become shuttle cock between warring spouses. While awarding interim custody, Court has power to impose certain conditions which could be deposition of passport of minor, if any and/or direct the party to deposit its own passport so that the child could not be removed from the jurisdiction of the Court.
Visitation Right is granted by the Court at two stages. Firstly, at the stage of trial, and the other, after determination of entire issue of the appointment of Guardianship of minor by the Court. Indian law is clear on the point the proper development of the child is possible only after the child is showered with the love and affection of both the father and mother. Once the permanent custody is granted to one of the spouse, other parent has an inalienable right to meet the child(ren) one or twice a week or as directed by the Court. The object of law is that the emotional bond between child and father or mother, as the case may be, should not be snapped.
In nut shell, we can say that welfare of the child is the paramount consideration before the court while adjudicating the claims of husband and wife over the child.

A good child custody lawyer in India is a one who is not only aware about the laws and rules and plethora of cases but also has the ability to bear the emotional and psychological need of either of the father or mother. A good Child custody lawyer has to handle the legal and emotional issues with utmost precision. Custody lawyer have to act not only as a professional but also a human being with the heart of parent to fight out the child custody case in the Court of law.

ISSUE OF CHILD CUSTODY AND ACCESS:-
If divorce is inevitable, bitter battles cannot be the option to settle issues of child custody and access. Custody of a child, when parents divorce, only implies as to who the child will physically reside with. Both parents continue to be natural guardians.
The custodial parent will be the primary caretaker responsible for the emotional, medical and educational needs of the child and the non-custodial parent who does not lose the rights over the child will have the right of access.
Over the years, there is a shift from custody and access being the ‘right of a parent’ to being the ‘right of a child’. The non-negotiable principle on which custody is decided is the ‘best interest and welfare of the child’. Who will best serve the child’s emotional, educational, social and medical needs is the only criteria.
The earning capacity of the parent does not determine custody but the capacity to provide a safe and secure environment does. A non-earning mother will not be disqualified but the earning father will be asked to provide child support. While the mother is the preferred custodial parent when the child is of a tender age, once the child attains a discernible age, his/her wishes will be considered while deciding the issue of custody and access .
The belief that once a child attains a particular age, the father shall have uncontested right is misplaced and wrong.
This principle of best interest of the child ought to also apply in case of mutual divorce. Who will the child stay with, what will be the terms of access, how will the child’s living and educational costs be met?
Parties have larger negotiating space where more innovative terms can be evolved; like joint custody, a concept that does not exist in statutes but has evolved while negotiating divorce settlements. In this, both parents will have legal custody but one will have the physical custody and be the primary caretaker.

Access to the non-custodial parent could be weekly, fortnightly, daily or monthly. It could be just day access or overnight access with gradual increase including weekend and/or vacation, access on special days, etc. It could also be free access with no fixed schedule, but as per the parents and the child’s convenience, could include the non-custodial parent’s right to school events, etc.
One ought to remember that as a parent every ‘right’ you exercise ought to also have a corresponding ‘duty’ towards the child. As important as the right to custody or access is, so is the duty to provide for and maintain the child. The parties can agree to a one-time lump-sum amount or a staggered payment either at different stages of the child’s educational life or a monthly amount with incremental increase. Whatever it be, it ought to be sufficient for the day-to-day expenses of the child to maintain or improve the standard of living.

Property in the name of the child with either parent as the guardian can also be given as a lump sum with the rent from the property used for monthly maintenance expenses. Investments which could yield a larger return at a later point such as insurance and educational policies could also be factored in. Provisions for unforeseen situations such as medical emergency should also be considered.
A misgiving that the money set aside for the child could be misused by the custodial parent or that the non-custodial parent could abuse the terms of access alone should not prevent an amicable settlement.

The court is parens patriae, the ultimate guardian of the child and her/his property and so minor’s property/income is amply protected by law and terms of custody, access and child support can be altered in changed circumstances and/or in the interest of the child. It has to be ‘the best interest of the child’.

By |October 28th, 2017|Advocates for Custody of Child in pune|0 Comments

Child Custody lawyers in Pune

CUSTODY OF CHILD –

Section 26 of Hindu Marriage Act, 1955 deals with Custody of Children
In any proceeding under this Act, the court may, from time-to-time, pass such interim orders and make such provisions in the decree as it may deem just and proper with respect to the custody, maintenance and education of minor children, consistently with their wishes, wherever possible and may, after the decree, upon application by petition for the purposes make from time-to-time, all such orders and provisions with respect to the custody, maintenance and education of such children as might have been made by such decree or interim orders in case the proceeding for obtaining such decree were still pending and the court may also from time-to-time revoke, suspend or vary any such orders and provisions previously made:
Provided that the application with respect to the maintenance and education of the minor children, pending the proceeding for obtaining such decree, shall as far as possible, be disposed of within sixty days from the date of service of notice on the respondent.

Section 38 of the Special Marriage Act, 1954 deals with Custody of Children (Court marriage or couple from different faith)
In any proceeding under Chapter V or Chapter VI the District Court may, from time-to-time, pass such interim orders and make such provisions in the decree as it may seem to it to be just and proper with respect to the custody, maintenance and education of minor children, consistently with their wishes wherever possible, and may, after the decree, upon application by petition for the purpose, make, revoke, suspend or vary, from time-to-time, all such orders and provisions with respect to the custody, maintenance education of such children as might have been made by such decree or interim orders in case the proceedings for obtaining such decree were still pending.

Provided that the application with respect to the maintenance and education of the minor children, during the proceeding, under Chapter V or Chapter VI, shall as far as possible, be disposed of within sixty days from the date of service of the notice on the respondent.
Section 41 of the Divorce Act, 1869 deals with Custody of Children for couple following Christian faith
Power to make orders as to custody of children in suit for separation- In any suit for obtaining a judicial separation the Court may from time-to-time, before making its decree, make such interim orders, and may mill such provision in the decree, as it deems proper with respect to the custody maintenance and education of the minor children, the marriage of whose parents is the subject of such suit, and may if it thinks fit, direct proceedings to be taken for placing such children under the protection of said Court.

Section 42. Power to make such orders after decree.-
The Court, after a decree of judicial separation, may upon application (by petition) for this purpose make, from time-to-time, all such orders and provisions, with respect to the custody, maintenance and education of the minor children, the marriage of whose parents is the subject of the decree, or for placing such children under the protection of the said Court, as might have been made by such decree or by interim orders in case the proceedings for obtaining such decree were still pending.
Section 43. Power to make orders as to custody of children in suits for dissolution of nullity.-
In any suit for obtaining a dissolution of marriage or a decree of nullity of marriage instituted in a District Court, the Court may, from time-to-time before making its decree, make such interim orders as it may deem proper with respect to the custody, maintenance and education of the minor children, the marriage of whose parents is the subject of the suit, and may, if it think fit, direct proceedings to be taken for placing such children under the protection of the Court.

Since the custody of the minor is involved, the courts have taken the view that it should also take into consideration the provisions of the Hindu Minority and Guardianship Act, 1956 and particularly, section 6 of the Act which reads as under:
Section 6 of the Natural Guardians of a Hindu Minor:-

The natural guardian of a Hindu minor, in respect of the minor’s person as well as in respect of the minor’s property (excluding his or her undivided interests in joint family property), are-
(a) in the case of a boy or an unmarried girl-the father, and after him, the mother-provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother;
(b) in the case of an illegitimate boyar an illegitimate unmarried girl-the mother, and after her, the father;
(c) in case of a married girl-the husband:
Provided that no person shall be entitled to act as the natural guardian of a minor under the provisions of this section-
(a) if he has ceased to be a Hindu; or
(b) if he has completely and finally renounced the world by becoming a hermit (Vanaprastha) or an ascetic (Yati or Sanyasi).

Explanation.- In this section, the expressions “father” and “mother” do not include a step-father and a step-mother.
Under all the Acts, the Court has been empowered to pass interim order when the proceedings are pending or even after a decree has been passed in respect of custody, maintenance and education of the minor children. Not only this, the court has the power to revoke, suspend or vary any such order from time-to-time these orders have to be passed by a Matrimonial Court at anyone of the following stages of marital proceedings:-
Interim orders: These orders are passed when the proceedings are pending between the parties till the matter is finally disposed of.
Permanent Orders: These orders are passed when the matter is finally disposed of and a decree is passed.

Subsequent to the passing of the decree: In this case, the Court may be called upon to pass an order in two situations:
(i) Where in a matrimonial proceedings, no application has been made by either of the party for custody and after passing of the decree, a fresh petition may be made for custody, maintenance and education of the minor children; or

(ii) When the court has already passed a permanent order of custody, an application has been made to modify, revoke or suspend or vary any order.
The orders in respect of custody, maintenance and education of the minor children are very vital in the matrimonial proceedings as it affects not only the children, but the parents also. Therefore, the Court has to be very cautious in dealing with the such applications. Such orders are not final and the Court is

empowered to alter or modify any order at any stage of the proceedings or subsequent at any time. After passing of the decree the child has attained majority.
Thus, the Court exercises jurisdiction in respect of custody, maintenance and education of the minor children till they attain the age of majority. This power of the Court is very delicate and the Legislature reposed confidence in the Matrimonial Courts which has to be exercised in a judicious way and in the best

interest of the minor children.
The expression “Minor Children” includes children either born of the marriage or born to the party prior to marriage, born of the marriage which has been declared null and void or dissolved by a decree of divorce. It also includes
the children adopted by both the parties. However, it does not include the children which have been adopted by a wife prior of her marriage, section is not attracted to the children belonging to one of the parties prior to the marriage, It means that the children belonging to both the parties to the marriage, whether after the marriage or before the marriage or by way of adoption.

If the marriage proceedings are dismissed by the court, the proceedings related to children terminate automatically.
In a proceedings before Matrimonial Courts, the Courts have to decide the question of custody of children. The Courts retain this power not only during the pendency of proceedings, but also after passing of a decree. It can revoke, suspend or vary, any such order made earlier. While giving the custody of a child, the Courts have to keep in mind the welfare of a child which is a paramount consideration. Though other factors are also important, but welfare of the minor is of utmost consideration while disposing of an application for custody of minor children. The wish of a child is also equally important. But the wish of the child becomes relevant, if the child is old enough to make an intelligent preference. in the case of a female child generally the Courts have given custody to the mother as on attaining the age of puberty, such child requires the care and attention of the mother. Thus, over and above of all factors, it is the welfare of the child which is the decisive factor while deciding the question of giving custody of a child.

CHILD CUSTODY
In all matrimonial proceedings, the most important and complex issue is that of Child Custody. In Court room, its like battle line are drawn and both the parties are not ready to loose even an inch. It appears as if through the medium of child custody, both the spouses want to establish the guilt and fault of the other party.
Though all matrimonial laws provides a provision regarding custody of child, but the real power lies under Guardian and Wards Act-1890. Guardian and wards card are empowered to determine the issue of child custody.
Generally speaking, Guardian and Wards Court have power to grant:

Permanent Custody
Interim Custody
Visitation Right

Permanent Custody is awarded by the Court after determination of all aspect of the case. Prime Criterion before awarding final custody in favor of one spouse as against the other is WELFARE OF THE CHILD.
Important factors, amongst other, which are considered by the Court in awarding custody are:
a. Education of the father
b. Education of the Mother
c. Family background of the Husband which includes financial and educational background.
d. Family background of the Wife
e. Financial Background of the Husband and Wife
f. Wishes of the minor
g. Better chances of overall development of personality of child.
h. Conduct of the parties

Interim Custody is awarded by the Court during the pendency of the case before it. Generally, the Court awards interim custody when such an order does not affect the over all development of the child and same is in no way prejudicial to the interest of the minor. Court tries to bring equilibrium between the husband and wife and also keeps a vigilant eye that the child should not become shuttle cock between warring spouses. While awarding interim custody, Court has power to impose certain conditions which could be deposition of passport of minor, if any and/or direct the party to deposit its own passport so that the child could not be removed from the jurisdiction of the Court.
Visitation Right is granted by the Court at two stages. Firstly, at the stage of trial, and the other, after determination of entire issue of the appointment of Guardianship of minor by the Court. Indian law is clear on the point the proper development of the child is possible only after the child is showered with the love and affection of both the father and mother. Once the permanent custody is granted to one of the spouse, other parent has an inalienable right to meet the child(ren) one or twice a week or as directed by the Court. The object of law is that the emotional bond between child and father or mother, as the case may be, should not be snapped.
In nut shell, we can say that welfare of the child is the paramount consideration before the court while adjudicating the claims of husband and wife over the child.

A good child custody lawyer in India is a one who is not only aware about the laws and rules and plethora of cases but also has the ability to bear the emotional and psychological need of either of the father or mother. A good Child custody lawyer has to handle the legal and emotional issues with utmost precision. Custody lawyer have to act not only as a professional but also a human being with the heart of parent to fight out the child custody case in the Court of law.

ISSUE OF CHILD CUSTODY AND ACCESS:-
If divorce is inevitable, bitter battles cannot be the option to settle issues of child custody and access. Custody of a child, when parents divorce, only implies as to who the child will physically reside with. Both parents continue to be natural guardians.
The custodial parent will be the primary caretaker responsible for the emotional, medical and educational needs of the child and the non-custodial parent who does not lose the rights over the child will have the right of access.
Over the years, there is a shift from custody and access being the ‘right of a parent’ to being the ‘right of a child’. The non-negotiable principle on which custody is decided is the ‘best interest and welfare of the child’. Who will best serve the child’s emotional, educational, social and medical needs is the only criteria.
The earning capacity of the parent does not determine custody but the capacity to provide a safe and secure environment does. A non-earning mother will not be disqualified but the earning father will be asked to provide child support. While the mother is the preferred custodial parent when the child is of a tender age, once the child attains a discernible age, his/her wishes will be considered while deciding the issue of custody and access .
The belief that once a child attains a particular age, the father shall have uncontested right is misplaced and wrong.
This principle of best interest of the child ought to also apply in case of mutual divorce. Who will the child stay with, what will be the terms of access, how will the child’s living and educational costs be met?
Parties have larger negotiating space where more innovative terms can be evolved; like joint custody, a concept that does not exist in statutes but has evolved while negotiating divorce settlements. In this, both parents will have legal custody but one will have the physical custody and be the primary caretaker.

Access to the non-custodial parent could be weekly, fortnightly, daily or monthly. It could be just day access or overnight access with gradual increase including weekend and/or vacation, access on special days, etc. It could also be free access with no fixed schedule, but as per the parents and the child’s convenience, could include the non-custodial parent’s right to school events, etc.
One ought to remember that as a parent every ‘right’ you exercise ought to also have a corresponding ‘duty’ towards the child. As important as the right to custody or access is, so is the duty to provide for and maintain the child. The parties can agree to a one-time lump-sum amount or a staggered payment either at different stages of the child’s educational life or a monthly amount with incremental increase. Whatever it be, it ought to be sufficient for the day-to-day expenses of the child to maintain or improve the standard of living.

Property in the name of the child with either parent as the guardian can also be given as a lump sum with the rent from the property used for monthly maintenance expenses. Investments which could yield a larger return at a later point such as insurance and educational policies could also be factored in. Provisions for unforeseen situations such as medical emergency should also be considered.
A misgiving that the money set aside for the child could be misused by the custodial parent or that the non-custodial parent could abuse the terms of access alone should not prevent an amicable settlement.

The court is parens patriae, the ultimate guardian of the child and her/his property and so minor’s property/income is amply protected by law and terms of custody, access and child support can be altered in changed circumstances and/or in the interest of the child. It has to be ‘the best interest of the child’.

By |October 28th, 2017|Child Custody lawyers in Pune|0 Comments

Company Registration Process

Company Registration Process

There are 5 types of companies that can be registered in India
• Sole Proprietorship Firm
• Partnership Firm
• One Person Company
• Limited Liability Partnership
• Private Limited Company

1. Sole Proprietorship Firm
A sole proprietorship business is where a single individual runs the business. There is no separation between the legal identities of the business and the businessman. In other words, business debts are the businessman’s own debts. His liability is unlimited and he is personally responsible to bear all losses of the business.
 Following are some essential features of a sole-proprietorship:
• Easy to form
• One person ownership
• Unlimited liability
• No separation between business and business owner
• Freedom of decision making
• Secrecy.
• Tax benefits.
• Business exists as long as the owner does.

 Registration of Sole Proprietorship Firm
There is no formal process for registering a Sole-proprietorship in India. Therefore, the existence of a sole proprietorship business can be established only through opening a bank account in the name of the proprietorship firm or obtaining licenses required for conducting the business under various other acts such as:
• Shops and Establishments, for the premises.
• FSSAI License Food License, if you are thinking to start food truck, restaurants, food joints, food item or consumable item packaging, food item or cosumable item delivery etc.
• GST Registration It is a mandatory for all Business or Professional entities with turnover exceeding INR 20 lakhs are required to obtain Goods & Services Tax (GST) registration compliance
• Trade License, issued by the municipal corporation of a city, allows a business owner to carry on an activity or manufacture or exchange of any commodity.
• Import Export Code (IEC), if you want to import or export.

However, please note that you don’t need to register under all these acts. The kind of registration will depend upon a) type of your business b) expected annual turnover and c) location.

2. Partnership Firm
A partnership firm is a business structure in which two or more individuals manage and operate a business in accordance with the terms and objectives set out in a Partnership Deed. All the partners have unlimited liability, which means they are personally liable for the debts of the business.
 Following are some essential features of a Partnership:
• Aim is to share profits and not losses.
• Losses, if any, will be borne by partners in their profit sharing ratio.
• Only persons who are competent to contract# can form a partnership.
• A minor cannot be a partner in a partnership. But, he is allowed to share the profits from a partnership business.
• No partner is allowed to transfer his share in partnership to any other person without the consent of all the other partners.
• There is a presumption of utmost good faith between partners.
• Every partner contributes to the business in some form or the other. It may be in the form of time, money, skills and/or goodwill.

 Registration of Partnership Firm:
A partnership firm can be registered whether at the time of its formation or even subsequently. You need to file an application with the Registrar of Firms of the area in which your business is located.
 Ensure that the following documents and prescribed fees are enclosed with the registration application :
• Application for Registration in the prescribed Form – I
• Duly filled Specimen of Affidavit
• Certified copy of the Partnership deed
• Proof of ownership of the place of business or the rental/lease agreement.

 Application for partnership registration should include the following information:
• Name of your firm
• Name of the place where business is carried on
• Names of any other place where business is carried on
• Date of partners joining the firm
• Full name and permanent address of partners.
• Duration of the firm
• Every partner needs to verify and sign the application

Once the Registrar of Firms is satisfied that the application procedure has been duly complied with, he shall record an entry of the statement in the Register of Firms and issue a Certificate of Registration.

3. One Person Company
The concept of One Person Company (OPC) was introduced by the Companies Act of 2013. It is a cross or hybrid between the sole proprietorship and company forms of business and combines the best features of both. As the name suggests, it allows a single individual to form a company. It combines the freedom of a sole proprietorship business with the limited liability and various other benefits that come with operating as a company.
 Following are some essential features of a One Person Company:
• Any natural person can form a company. i.e. an individual
• The person must be an Indian citizen or a person who is resident in India
• Such person will be the shareholder and member of the company. No other shareholder is required.
• Such shareholder must nominate a person to act as his nominee to act as the shareholder/member in the event of his/her death incapacity.
• Consent must be obtained from a person before designating him/her as the nominee.
• An OPC must have a minimum of one director.
• The person forming the company may also act as the director.
• Such company can only be incorporated as a private company.
• It may be a company limited by shares, by guarantee, or an unlimited company.
• Minimum capital requirements are the same as applicable to a private company i.e. INR One (1) Lakh.

4. Limited Liability Partnership
An LLP is a unique mode of doing business which offers a combination of the flexibility of a partnership and limited liability of a company. It is governed by the Limited Liability Partnership Act, 2008. An LLP is the most preferred route taken by startups to incorporate their business.
 Following are some essential features of a LLP:
• It is a corporate body.
• It is a legal person separate from its partners.
• All the partners have limited liability.
• It provides perpetual succession to the business.
• Requires at least two partners and at least two individuals as designated partners.
• At least one designated partner must be a resident of India.
• Winding up may be voluntary or may be initiated by a tribunal/High Court.
• The Indian Partnership Act does not apply to an LLP.
• The Central Government is allowed to apply provisions of Companies Act to an LLP.

5. Private Limited Company
Generically defined, a private company would be an association of persons who share a common purpose and pool their resources in order to achieve that purpose.
As per The Companies Act, 2013, a minimum of two persons can form a private company.

 Following are some essential features of a Private Limited Company:

• Huge capital
• Raise capital from angel investors, venture funds etc.
• Maximum number of members is 200 for private company.
• Limited Liability of all the members.
• Separate Legal Entity
• The memorandum must state the word ‘private limited’ with the name of the company.
• Minimum number of directors is 2 for a private company.
• Right to transfer shares is restricted in the case of a private company.
• The minimum capital requirement of INR 1 lakh for private companies
• Use of common seal is optional.

 Private Limited Company – The most successful business type.
In a private company, the business owners hold all shares of the company privately. Shareholders may operate the business themselves, or hire directors to manage the company on their behalf. Registering a private limited company results in protection of personal assets, access to more resources, financial assistance and greater credibility.
 Limited Liability Partnership (LLP) – A corporate form of Partnership
It exhibits elements of both partnership and corporation. In LLP, one partner is not responsible or liable for another partner’s misconduct or negligence unlike a traditional partnership in which each partner has joint and several liability.
All these three forms of business have the feature if Limited Liability and Separate Legal Entity, ie, the members or partners have no personal liability. Yet, they are different from each other in various aspects.
 One Person Company (OPC) – A corporate form of Proprietorship.
One Person Company (OPC) has been recently introduced in India to promote business enterprises that are owned and managed by a single Entrepreneur. OPC allows for a single individual to own and manage the business. One Person Company is therefore a viable option for those looking to start an unregistered Proprietorship.
 Documents required for Private Limited Company Registration
For Directors/Shareholders
• One Photograph.
• Copy of PAN Card.
• Copy of Address proof – Aadhaar Card/Driving License/Passport/Voter ID.
• Copy of Bank Statement/Mobile Phone/Landline Telephone Bill.
• Copy of Aadhaar Card.

For Company Address
• Proof of Registered Address – Sale Deed/Rental Agreement
• Copy of Utility bill – Electricity/Landline telephone/Gas Bill – not older than two months.
• No Objection Certificate for use of premises, if required

It usually takes 15-20 days to Register a Private Limited Company through SPICe INC-32 (A single application for Reservation of Name, Incorporation of Company and Allotment of DIN), subject to ROC processing time.
These are four major steps:
• Acquiring Digital Signature Certificate(DSC)
• Acquiring Director Identification Number(DIN)
• Filing an eForm or New user registration
• Incorporate the company

It’s necessary to get registered yourself to run your business without any legal problem. India is a land of opportunity, no matter in which field your business is operating the chances of getting success is very high, so it just needs a start. starting an entrepreneurship in India would fetch you great success. fallow this post sincerely till you incorporate your final claim for your company. We assure one will end up in getting their business registered after following this procedure.
Private company may have two directors, but a public company must have at least three directors.

 Lets start the registration procedure: 4 Steps
Step 1: Acquire Director Identification Number (DIN)
This is the first process in registration that each director of the company should obtain their identification number. As per the amendment act 2006, acquiring a DIN is compulsory for every director i.e. as such every existing and intending directors have to obtain their DIN. To get DIN one need to file a eForm DIN-1. The DIN-1 form is available on Official site of the ministry of corporate affairs the link is DIN-1 Form.
• Register yourself on MCA Website first and have a login id. After filling DIN-1 Form, one should upload the filled form by clicking to eForm upload button on MCA website and should pay applicable fees.
• After getting generated DIN one should intimate their company about DIN. The director can intimate their company about DIN by using DIN-2 Form.
• Then company should intimate the Registrar of Corporates(ROC) about all director’s DIN through DIN-3 Form.
• If there is any change in DIN or need for any updation like change of address, personal details etc, then director should intimate this change by submitting the eForm DIN-4 Form.

Step 2: Acquire Digital Signature Certificate(DSC):
In order to ensure the security or authenticity of documents filed electronically the information act 200o demands a valid digital signature on the documents submitted electronically. This is the only and safest way that one can submit their documents electronically. The digital signature certificate should be acquired by only those agencies which are appointed by the controller of certification agencies (CCA). One should not use DSC given by any other agency which is not approved and it’s illegal to use others DSC as yours or the false one.
If you already have a digital signature then you can use the same, no need to apply for another. But do check for your digital signature validity, agencies issue DSC’s with one or two year validity after expiry you have to renew it.
One can acquire his/her Digital Signature certificates from these government listed agencies like TCS, IDBRT, MTNL, SAFESCRYPT, NIC, NCODE Solutions etc. to check out their price details of these Govt approved agencies, Go to this link.

Step 3: Create a account on MCA Portal – New user registration
This is about having a registered user account on MCA Portal for filing a eForm, for online fee payment, for different transactions as registered and business user. Creating an account is totally free of cost. To register yourself on the MCA portal, click on the register link.

Step 4: Apply for the company to be registered.
This is the final major step in a registration of your company which includes incorporating company name, Registering the office address or notice of situation of office and notice for appointment of company directors, manager and secretary. And also regarding the take and pay for their qualification shares.
• Form-1:Form-1A: Application form for availability or change of a company name. Once you apply for new company name, the MCA will suggest four different form of your company name; you have to choose one among them. To do the same you have you have to fill Form-1A and submit.Form-1: This is for application or declaration for incorporation of a company, in this form you have to fill the same name which you have chosen during application of form-1A.
• Form-18:This form is for notice of the situation of a new company office or change of situation of previously registered office.For a new company you have to fill the form with genuine office address and submit.
• Form-32:For a new company, this form is for notice for appointment of new Directors, Managers and Secretary. For an existing company, this form is for a change of directors, Manger, Secretary or company head.

After submitting these forms, once the application has been approved by MCA, you will receive a confirmation email regarding the application for incorporation of a new company, and the status of the form will get changed to Approved.

 Detailed procedure for approval of the proposed company name:
For obtaining name for your new company, An application in Form-1A needs to be filed with the Registrar of Companies (ROC) of the state in which the Registered Office of the proposed Company is to be situated to ascertain the availability of a name along with an official service fee of Rs.500/-.
You have to provide four alternative names for the proposed company. Your company name shall not resemble the name of any other company already registered or violate the provisions according to Act, 1950.
In this form you have to fill name and addresses of directors (minimum 2 for a private company and 7 for a public company). You have to mention main objects of the company and authorized capital.
In about 10 days, the ROC will inform you about approval or objections. If there are any objections then ROC will suggest you with some available names and let you choose among them. If your company name is approved then you will receive a formal letter regarding the confirmation of the same. Keep the same which will be required during registration process of the proposed company.
If you find any difficulty or encounter any problem while obtaining the company name then do contact us, We will help you to sort out your problem.
 Check these documents before submission of a company:
1. DIN of all those directors of a proposed company.
2. DSC – Digital Signature Certificate
3. Original copy the of formal letter issued by ROC regarding availability of Company name.
4. Form-1 for incorporation of a company.
5. Form-18 for situation or address of the proposed company.
6. Form-32 for particulars of proposed directors, managers and secretary.

 Formalities to be followed while incorporation of a company:
1. Obtain a TAN card
2. Obtain a Permanent account number (PAN) from income tax dept. India
3. If required: Documents obeying shop and establishment acts.
4. If required: For foreign trade, Registration documents of import export code from Director General of foreign trade.
5. If required: Registration documents of Software technologies Parks of India (STPI).
6. If required: RBI approval for foreign companies investing in India and FIPB approval.
7. Both Indian and foreign directors need to have valid Digital Signature Certificates from authorized agencies.

 Company Registration Process:
1.DSC (Digital Signature Certificate).
All Propose directors of the private limited Company should have a digital signature and digital signature will use to file the registration, ROC compliance forms, and Tax returns.
2.Director Identification No (DIN).
When a Digital signature is approved, and you will get an approval email from the Registrar of companies that you are now eligible to be a director of a company. It takes one working days to approve DIN.
3. Company Name Approval.
After a Trademark search, we will proceed to file a Name approval application to ROC on your behalf.
4.Final Incorporation & CIN.
After Name approval from the Registrar of Companies, we will file final incorporation e-form with all supporting documents like registered address proof, Declaration from directors. Registrar of companies takes 3 working days to complete the approval process of a company.
 Documents Required
From All Directors And Shareholder.
• PAN Card or Passport or Election ID Card.
• Latest Bank Statement/Telephone or Mobile Bill.
• Voter’s ID/Passport/Driver’s License.
• Passport-sized photograph of all directors and shareholder.
• Scan copy of Signature (signature should same as on PAN Card).

 Registration Procedure
A private limited company is the most common form of business entity in India. It is easy to maintain and raise funds, offers limited liability to its members, offer flexibility, easy bank loan accessibility. Read Advantages of Private Limited Company. Following are the steps involved in the registration of private limited company.

Basic requirement
There must be at least 2 members in the company.
The company shall be made for legal business and must not harm the society. The company object should not be illegal.
In case, if the registrar issue the certificate of incorporation to such business entity , then certificate will be void and registration will be itself cancelled by the Central Government and appropriate proceeding will take place against the entity and the Registrar.
Read in detail Pre-Requisites for Registration of Private Limited Company
Step 1: Obtaining Director Identification Number (DIN) & Digital Signature
The First step is
1. Obtaining Director Identification Number (DIN) for the proposed Directors in the Company
2. Obtaining Digital Signature for one of the Directors of Company.

After this, application for name of Private Limited Company must be applied.
Step 2: Applying for the name
The promoters should propose one or more suitable name for the name of company as it offers the flexibility and choice to registrar to select the name in case some names are identical or similar to registered business entities or trademark.
1. The name should not be similar or identical to any registered company or trademark.
2. The name should not be one prohibited under the ‘Emblems and names Act, 1950’.
3. The name of company must have suffix “Private limited Company”.

After submission of name, registrar will review and approve one of the name .It usually takes 3 to 5 working days to approve the name for company .
Read tips for Choosing the right name for your company registration for easy approval of name by ROC.
Step 3: Filing for Incorporation of Private Limited Company
After the name approval, promoters should submit the application, prescribed fees and below said following documents to the registrar.
1. Articles of Association, if any.
2. Memorandum of Association.
3. Declaration from Directors.
4. Affidavits of the Directors.

A declaration stating that the requirements of the Act and the rules framed there under have been compiled with. This declaration is required to be signed by an advocate of the or Supreme Court or an attorney or a pleader having the right to appear before or a High Court or a Chartered Accountant in whole time practice in India who is engaged in the formation of a company, or by a person named in the Articles as a Director, Manager or Secretary of the Company.
Besides the aforementioned documents, the company must provide relevant information regarding of its registered office within 15 days of registration or during filing of incorporation documents.
Step 4: Subscribing to the Private Limited Company
As per the Companies Act 2013, a subscriber must sign their names and must be subscribed to the shares of the company incorporated. It means each subscriber must have at least one share of the company. Each subscriber should sign the memorandum in presence of at least one witness and must clearly state the following:
1. Address
2. Personal Description
3. Occupation
4. No of shares subscribed
5. Nature of shares etc.

Likewise both (Article and Memorandum of association) must be duly signed and stamped.

Step 5: Certificate of Incorporation
After filing the above-mentioned documents and payment of necessary fees, the certificate for Company incorporation would be issued by the Registrar of Companies. Upon Incorporation, the company becomes a legal person separate from its members.
The process to register a private limited is complex and time-consuming. Our team atLegalRaasta can help startups and Entrepreneurs Register Private Limited Company in 14-15 days @ 13,999/- only (inclusive of government fee) saving 40% compared to typical CA/CS.
Registering new business in India, some official procedures a company has to follow in order to register them in Indian official records, MCA (ministry of Corporate Affairs) has to made registration process online few years back.
The registration includes some must follow rules and some registration like Digital Signature Certificate (DSC), Director Identity Number (DIN), Filing an eForm or New user registration and Incorporate the company.

1. A private limited company should have a minimum capital of Rs 1 lac. The registration fee and stamp duty depends on the capital of the company and the state in which the company is registered. The company name should reflect the business objects of the company. It should be such that it does not resemble the name of any existing companies. If the proposed names resemble any existing business entity, the Registrar of companies may reject the name application.

2. Partnership firms are not a separate legal entity; hence the partners and the partnership firm are the same. However, for income tax purposes, partnership firms are treated as a separate entity and hence need to obtain PAN from the income tax dept and file income tax returns.

3. Only a natural person can form a One Person Company. A private company or an LLP can NOT start an OPC. The member should also be a resident on India.

For more details on registering Pvt ltd,Partnership,NGO,Trust,Sole Proprietorship firm contact
HG Corporates, hgcorporates.com
To Register a Startup company in India you’ll need to take help of professional & licensed company registration service providers like us.
 Procedures for Private Limited Company Registration:
Minimum Requirements for Private Limited Company Registration
• Minimum 2 Directors (The directors and shareholders can be same person)
• Minimum 2 Shareholders.
• No Minimum Capital Required.

 Documents Required For Private Limited Company Registration:
1. Colour PP Photograph.
2. PAN Card – Self Attested.
3. Identity Proof – Any One Self Attested.
(Driving License / Passport / Aadhar Card / Voter ID Card).

4. Address Proof – Any One Self Attested.
(Latest Bank Statement / Electricity Bill / Telephone Bill / Mobile bill).

Submit the documents to Licensed & Professional Company Registration service providers like HG Corporate Advisors.
Legal procedure for registering a company as Private Limited in India:
STEP 1 :Getting a Digital Signature & DIN:
In lay man’s language Digital Signature is a kind of password which authenticate the user.DIN refers to Director Identification Number; Anyone who is proposed to be a Director of the company needs to have a DIN.
STEP 2 : Name Availability Check & Application for Name Reservation/ Approval:
We will apply for Name Approval with the ROC. A maximum of 6 Names can be provided for Name approval.
STEP 3 : Drafting of Memorandum of Association (MOA) & Article of Association (AOA). , Filing & Uploading of Incorporation Forms:
• We consult with you and draft your Memorandum of Association & Article of Association for your kind perusal so that your Company is incorporated with the best drafted Memorandum & Articles.
• Form 1 has been replaced with Form INC-7: For Application of Incorporation of Company.
• Documents Required: Memorandum of Association (To be prepared by us.
• Article of Association (To be prepared by us).
• Affidavit from Subscriber (Non Acceptance of Public Deposit – Format to be provided by us).
• Id Proof of Subscriber (/Passport/Voter Id/Aadhar/Driving License – Any ONE).
• Residential Proof of Subscriber (Latest Bank Statement/Latest Mobile Bill/Latest Telephone Bill / Latest Electricity Bill).
• INC 9 & INC 10 as attachment in Notarized Stamp-paper (Format shall be provided by us).

STEP 4 : Company Address Form 22 for situation of Office Address
STEP 5 : DIR-12 for information regarding the Directors:
Declaration by Director (Format to be provided by us). Consent Letter by Director (Format to be provided by us)
STEP 6 : Getting Incorporation Certificate:
After Uploading the Forms, generally within 3-7 working days, a Company Incorporation Certificate is received.
Private Limited Company Registration Package Includes:
• 2-Digital Signature Certificate (DSC).
• 2-Director Identification Number (DIN).
• Company Name Approval by Ministry.
• Memorandum of Association (MoA) &
• Articles of Association (AoA).
• Registration Certificate.
• Permanent Account Number (PAN).
• Tax Account Number (TAN).

A guide on how to register Startup or new business in India with documents needed, fees breakdown and time to complete company registration.
A startup is an energy booster for the Indian economy. Whether your startup is a sole proprietorship or a partnership business, it’s better to give your business a legal existence. The reason being, a registered company, can be closed down only by legal authorities in case of any unforeseen issues. Here we look at the steps to register a start-up or a new business in India.
The Ministry of Corporate Affairs has made it convenient for the new startups by introducing the online registration. In May 2015, Ministry of Corporate Affairs introduced a five-in-one form to make the process of registration easier. The new form known as Integrated Incorporation Form INC-29 will require you to fill only one form instead of the tedious process of filling out eight forms. An advantage of the new form is that it reduces the interaction with the authorities at the various levels.
Now you can register your new business from the comfort of your home. There are four steps that you need to do follow.
 Apply for Director Identification Number(DIN)
The first and foremost process is to the registration of the company directors. You should create a login id in the Legal Raasta website.
A nominal amount of Rs 500 for DIN will be charged and normally it takes a day to get this number.
 Acquire Digital Signature Certificate (DSC)
This is important to ensure the authenticity of the documents that you file electronically. Also, understand that the digital signature certificate should be authenticated by the agencies appointed by the controller of certificate agencies.
You would have to pay a nominal amount Rs 1299/-. It will get at least four days to get the certificate.

 Approval of the company name and certificate of Incorporation
The company name will be approved by Registrar of Company (ROC). Once the name is approved by ROC apply for the Certificate of Incorporation. This is done by filling out Form 1, Form 18 and Form 32.
You would have to pay Rs 1000/- for the approval of the name and the Certificate of Incorporation, the amount can be anywhere between Rs 1000 to 4000.
The name approval will take at least two days while the certificate of incorporation will take a week.
The following documents that have to be attached to Form 1 while applying for the certificate of Incorporation.
• Signed copy of the Memorandum of Association (MOA).
• Signed copies of Articles of Association (AOA).

The power of Attorney from the various subscribers on judicial stamp paper worth Rs 100 and finally, the identification of the subscribers.
 Apply for Permanent Account Number and Tax Account Number for the registered company
The PAN card can be obtained from Income Tax Department, India by paying a nominal amount of INR 94. You can apply for the TAN card by visiting the website TIN. You will be charged INR 62.
The total time span to obtain these is seven days.
The other formalities that you can go about during this period include getting a rubber stamp of the company, registering for VAT and professional tax, employees provident fund and health insurance and so on.
 Procedures for Private Limited Company Registration:
STEP 1 :Getting a Digital Signature & DIN:
In lay man’s language Digital Signature is a kind of password which authenticate the user.DIN refers to Director Identification Number; Anyone who is proposed to be a Director of the company needs to have a DIN.
STEP 2 : Name Availability Check & Application for Name Reservation/ Approval:
HG will apply for Name Approval with the ROC. A maximum of 6 Names can be provided for Name approval.
STEP 3 : Drafting of Memorandum of Association (MOA) & Article of Association (AOA). , Filing & Uploading of Incorporation Forms:
• HG Corporate Advisors consults with you and draft your Memorandum of Association & Article of Association for your kind perusal so that your Company is incorporated with the best drafted Memorandum & Articles.
• Form 1 has been replaced with Form INC-7: For Application of Incorporation of Company.
• Documents Required: Memorandum of Association (To be prepared by HG)
• Article of Association (To be prepared by HG)
• Affidavit from Subscriber (Non Acceptance of Public Deposit – Format to be provided by HG)
• Id Proof of Subscriber (/Passport/Voter Id/Aadhar/Driving License – Any ONE)
• Residential Proof of Subscriber (Latest Bank Statement/Latest Mobile Bill/Latest Telephone Bill / Latest Electricity Bill)
• INC 9 & INC 10 as attachment in Notarized Stamp-paper (Format shall be provided by HG)

STEP 4 : Company Address Form 22 for situation of Office Address
STEP 5 : DIR-12 for information regarding the Directors:
Declaration by Director (Format to be provided by us). Consent Letter by Director (Format to be provided by HG)
STEP 6 : Getting Incorporation Certificate:
After Uploading the Forms, generally within 3-7 working days, a Company Incorporation Certificate is received.
 Minimum Requirements for Private Limited Company Registration
• Minimum 2 Shareholders
• Minimum 2 Directors(The directors and shareholders can be same person
• No Minimum Capital Required
• DIN (Director Identification Number) for all the Directors
• DSC (Digital Signature Certificate) for all the Directors
• Registered Office (You can operate from your residential address. Private Limited can be Registered using your Home address.
You don’t need to invest initially in office setup.)

 Documents Required For Private Limited Company Registration:
1. Colour PP Photograph
2. PAN Card – Self Attested
3. Identity Proof – Any One Self Attested
(Driving License / Passport / Aadhar Card / Voter ID Card)
4. Address Proof – Any One Self Attested
(Latest Bank Statement / Electricity Bill / Telephone Bill / Mobile bill)

 Private Limited Company Registration Package Includes:
• 2-Digital Signature Certificate (DSC)
2-Director Identification Number (DIN)
• Company Name Approval by Ministry
• Memorandum of Association (MoA) &
Articles of Association (AoA)
• Registration Certificate
• Permanent Account Number (PAN)
• Tax Account Number (TAN)
HG corporates can help you with your company registration. They register your company in less than 10 days,
What is the procedure to register a startup company in India and how much will it cost?
 What is a private limited company?
Private limited company is a perfect start for anyone who wants to start their business to give it a separate legal identity. Private limited company can be formed with ease and its procedural compliance are also easy when compared to that of a public company.

 ADVANTAGES
A private limited company can be started off with just two members who will be the shareholders and directors.
A company enjoys separate legal identity unlike partnership firms.
Minimum capital required to incorporate a private limited company is one lakh.
Personal assets of the shareholders will not be at risk, in the event of the company facing financial distress.
A company enjoys perpetual existence unlike other forms of business i.e., the company continues to exist irrespective of the status of the owner.

 Procedure for Registration
With the introduction of form INC29, establishing a company is much easier and less time consuming.
Digital signature for at least one director is required.
If any director already possess DIN it can be used. Else, application for DIN can be made in INC 29.
Memorandum and Articles of Association should be drafted
Affidavit and declaration by first subscribers and Directors should be prepared
Duly filled INC29 should be filed with the ROC for incorporating the company stating the proposed name of the company which meets the requirements, along with the following requirements.
• MOA.
• AOA.
• Affidavit.
• Proof for registered office address along with utility bill.
• Once the application is duly filed and accepted by ROC, certificate of incorporation is issued and the company is all set to start it’s operations.

By |October 28th, 2017|COMPANY REGISTRATION PROCESS|0 Comments

Best Lawyers For Company Registration Process

Company Registration Process

There are 5 types of companies that can be registered in India
• Sole Proprietorship Firm
• Partnership Firm
• One Person Company
• Limited Liability Partnership
• Private Limited Company

1. Sole Proprietorship Firm
A sole proprietorship business is where a single individual runs the business. There is no separation between the legal identities of the business and the businessman. In other words, business debts are the businessman’s own debts. His liability is unlimited and he is personally responsible to bear all losses of the business.
 Following are some essential features of a sole-proprietorship:
• Easy to form
• One person ownership
• Unlimited liability
• No separation between business and business owner
• Freedom of decision making
• Secrecy.
• Tax benefits.
• Business exists as long as the owner does.

 Registration of Sole Proprietorship Firm
There is no formal process for registering a Sole-proprietorship in India. Therefore, the existence of a sole proprietorship business can be established only through opening a bank account in the name of the proprietorship firm or obtaining licenses required for conducting the business under various other acts such as:
• Shops and Establishments, for the premises.
• FSSAI License Food License, if you are thinking to start food truck, restaurants, food joints, food item or consumable item packaging, food item or cosumable item delivery etc.
• GST Registration It is a mandatory for all Business or Professional entities with turnover exceeding INR 20 lakhs are required to obtain Goods & Services Tax (GST) registration compliance
• Trade License, issued by the municipal corporation of a city, allows a business owner to carry on an activity or manufacture or exchange of any commodity.
• Import Export Code (IEC), if you want to import or export.

However, please note that you don’t need to register under all these acts. The kind of registration will depend upon a) type of your business b) expected annual turnover and c) location.

2. Partnership Firm
A partnership firm is a business structure in which two or more individuals manage and operate a business in accordance with the terms and objectives set out in a Partnership Deed. All the partners have unlimited liability, which means they are personally liable for the debts of the business.
 Following are some essential features of a Partnership:
• Aim is to share profits and not losses.
• Losses, if any, will be borne by partners in their profit sharing ratio.
• Only persons who are competent to contract# can form a partnership.
• A minor cannot be a partner in a partnership. But, he is allowed to share the profits from a partnership business.
• No partner is allowed to transfer his share in partnership to any other person without the consent of all the other partners.
• There is a presumption of utmost good faith between partners.
• Every partner contributes to the business in some form or the other. It may be in the form of time, money, skills and/or goodwill.

 Registration of Partnership Firm:
A partnership firm can be registered whether at the time of its formation or even subsequently. You need to file an application with the Registrar of Firms of the area in which your business is located.
 Ensure that the following documents and prescribed fees are enclosed with the registration application :
• Application for Registration in the prescribed Form – I
• Duly filled Specimen of Affidavit
• Certified copy of the Partnership deed
• Proof of ownership of the place of business or the rental/lease agreement.

 Application for partnership registration should include the following information:
• Name of your firm
• Name of the place where business is carried on
• Names of any other place where business is carried on
• Date of partners joining the firm
• Full name and permanent address of partners.
• Duration of the firm
• Every partner needs to verify and sign the application

Once the Registrar of Firms is satisfied that the application procedure has been duly complied with, he shall record an entry of the statement in the Register of Firms and issue a Certificate of Registration.

3. One Person Company
The concept of One Person Company (OPC) was introduced by the Companies Act of 2013. It is a cross or hybrid between the sole proprietorship and company forms of business and combines the best features of both. As the name suggests, it allows a single individual to form a company. It combines the freedom of a sole proprietorship business with the limited liability and various other benefits that come with operating as a company.
 Following are some essential features of a One Person Company:
• Any natural person can form a company. i.e. an individual
• The person must be an Indian citizen or a person who is resident in India
• Such person will be the shareholder and member of the company. No other shareholder is required.
• Such shareholder must nominate a person to act as his nominee to act as the shareholder/member in the event of his/her death incapacity.
• Consent must be obtained from a person before designating him/her as the nominee.
• An OPC must have a minimum of one director.
• The person forming the company may also act as the director.
• Such company can only be incorporated as a private company.
• It may be a company limited by shares, by guarantee, or an unlimited company.
• Minimum capital requirements are the same as applicable to a private company i.e. INR One (1) Lakh.

4. Limited Liability Partnership
An LLP is a unique mode of doing business which offers a combination of the flexibility of a partnership and limited liability of a company. It is governed by the Limited Liability Partnership Act, 2008. An LLP is the most preferred route taken by startups to incorporate their business.
 Following are some essential features of a LLP:
• It is a corporate body.
• It is a legal person separate from its partners.
• All the partners have limited liability.
• It provides perpetual succession to the business.
• Requires at least two partners and at least two individuals as designated partners.
• At least one designated partner must be a resident of India.
• Winding up may be voluntary or may be initiated by a tribunal/High Court.
• The Indian Partnership Act does not apply to an LLP.
• The Central Government is allowed to apply provisions of Companies Act to an LLP.

5. Private Limited Company
Generically defined, a private company would be an association of persons who share a common purpose and pool their resources in order to achieve that purpose.
As per The Companies Act, 2013, a minimum of two persons can form a private company.

 Following are some essential features of a Private Limited Company:

• Huge capital
• Raise capital from angel investors, venture funds etc.
• Maximum number of members is 200 for private company.
• Limited Liability of all the members.
• Separate Legal Entity
• The memorandum must state the word ‘private limited’ with the name of the company.
• Minimum number of directors is 2 for a private company.
• Right to transfer shares is restricted in the case of a private company.
• The minimum capital requirement of INR 1 lakh for private companies
• Use of common seal is optional.

 Private Limited Company – The most successful business type.
In a private company, the business owners hold all shares of the company privately. Shareholders may operate the business themselves, or hire directors to manage the company on their behalf. Registering a private limited company results in protection of personal assets, access to more resources, financial assistance and greater credibility.
 Limited Liability Partnership (LLP) – A corporate form of Partnership
It exhibits elements of both partnership and corporation. In LLP, one partner is not responsible or liable for another partner’s misconduct or negligence unlike a traditional partnership in which each partner has joint and several liability.
All these three forms of business have the feature if Limited Liability and Separate Legal Entity, ie, the members or partners have no personal liability. Yet, they are different from each other in various aspects.
 One Person Company (OPC) – A corporate form of Proprietorship.
One Person Company (OPC) has been recently introduced in India to promote business enterprises that are owned and managed by a single Entrepreneur. OPC allows for a single individual to own and manage the business. One Person Company is therefore a viable option for those looking to start an unregistered Proprietorship.
 Documents required for Private Limited Company Registration
For Directors/Shareholders
• One Photograph.
• Copy of PAN Card.
• Copy of Address proof – Aadhaar Card/Driving License/Passport/Voter ID.
• Copy of Bank Statement/Mobile Phone/Landline Telephone Bill.
• Copy of Aadhaar Card.

For Company Address
• Proof of Registered Address – Sale Deed/Rental Agreement
• Copy of Utility bill – Electricity/Landline telephone/Gas Bill – not older than two months.
• No Objection Certificate for use of premises, if required

It usually takes 15-20 days to Register a Private Limited Company through SPICe INC-32 (A single application for Reservation of Name, Incorporation of Company and Allotment of DIN), subject to ROC processing time.
These are four major steps:
• Acquiring Digital Signature Certificate(DSC)
• Acquiring Director Identification Number(DIN)
• Filing an eForm or New user registration
• Incorporate the company

It’s necessary to get registered yourself to run your business without any legal problem. India is a land of opportunity, no matter in which field your business is operating the chances of getting success is very high, so it just needs a start. starting an entrepreneurship in India would fetch you great success. fallow this post sincerely till you incorporate your final claim for your company. We assure one will end up in getting their business registered after following this procedure.
Private company may have two directors, but a public company must have at least three directors.

 Lets start the registration procedure: 4 Steps
Step 1: Acquire Director Identification Number (DIN)
This is the first process in registration that each director of the company should obtain their identification number. As per the amendment act 2006, acquiring a DIN is compulsory for every director i.e. as such every existing and intending directors have to obtain their DIN. To get DIN one need to file a eForm DIN-1. The DIN-1 form is available on Official site of the ministry of corporate affairs the link is DIN-1 Form.
• Register yourself on MCA Website first and have a login id. After filling DIN-1 Form, one should upload the filled form by clicking to eForm upload button on MCA website and should pay applicable fees.
• After getting generated DIN one should intimate their company about DIN. The director can intimate their company about DIN by using DIN-2 Form.
• Then company should intimate the Registrar of Corporates(ROC) about all director’s DIN through DIN-3 Form.
• If there is any change in DIN or need for any updation like change of address, personal details etc, then director should intimate this change by submitting the eForm DIN-4 Form.

Step 2: Acquire Digital Signature Certificate(DSC):
In order to ensure the security or authenticity of documents filed electronically the information act 200o demands a valid digital signature on the documents submitted electronically. This is the only and safest way that one can submit their documents electronically. The digital signature certificate should be acquired by only those agencies which are appointed by the controller of certification agencies (CCA). One should not use DSC given by any other agency which is not approved and it’s illegal to use others DSC as yours or the false one.
If you already have a digital signature then you can use the same, no need to apply for another. But do check for your digital signature validity, agencies issue DSC’s with one or two year validity after expiry you have to renew it.
One can acquire his/her Digital Signature certificates from these government listed agencies like TCS, IDBRT, MTNL, SAFESCRYPT, NIC, NCODE Solutions etc. to check out their price details of these Govt approved agencies, Go to this link.

Step 3: Create a account on MCA Portal – New user registration
This is about having a registered user account on MCA Portal for filing a eForm, for online fee payment, for different transactions as registered and business user. Creating an account is totally free of cost. To register yourself on the MCA portal, click on the register link.

Step 4: Apply for the company to be registered.
This is the final major step in a registration of your company which includes incorporating company name, Registering the office address or notice of situation of office and notice for appointment of company directors, manager and secretary. And also regarding the take and pay for their qualification shares.
• Form-1:Form-1A: Application form for availability or change of a company name. Once you apply for new company name, the MCA will suggest four different form of your company name; you have to choose one among them. To do the same you have you have to fill Form-1A and submit.Form-1: This is for application or declaration for incorporation of a company, in this form you have to fill the same name which you have chosen during application of form-1A.
• Form-18:This form is for notice of the situation of a new company office or change of situation of previously registered office.For a new company you have to fill the form with genuine office address and submit.
• Form-32:For a new company, this form is for notice for appointment of new Directors, Managers and Secretary. For an existing company, this form is for a change of directors, Manger, Secretary or company head.

After submitting these forms, once the application has been approved by MCA, you will receive a confirmation email regarding the application for incorporation of a new company, and the status of the form will get changed to Approved.

 Detailed procedure for approval of the proposed company name:
For obtaining name for your new company, An application in Form-1A needs to be filed with the Registrar of Companies (ROC) of the state in which the Registered Office of the proposed Company is to be situated to ascertain the availability of a name along with an official service fee of Rs.500/-.
You have to provide four alternative names for the proposed company. Your company name shall not resemble the name of any other company already registered or violate the provisions according to Act, 1950.
In this form you have to fill name and addresses of directors (minimum 2 for a private company and 7 for a public company). You have to mention main objects of the company and authorized capital.
In about 10 days, the ROC will inform you about approval or objections. If there are any objections then ROC will suggest you with some available names and let you choose among them. If your company name is approved then you will receive a formal letter regarding the confirmation of the same. Keep the same which will be required during registration process of the proposed company.
If you find any difficulty or encounter any problem while obtaining the company name then do contact us, We will help you to sort out your problem.
 Check these documents before submission of a company:
1. DIN of all those directors of a proposed company.
2. DSC – Digital Signature Certificate
3. Original copy the of formal letter issued by ROC regarding availability of Company name.
4. Form-1 for incorporation of a company.
5. Form-18 for situation or address of the proposed company.
6. Form-32 for particulars of proposed directors, managers and secretary.

 Formalities to be followed while incorporation of a company:
1. Obtain a TAN card
2. Obtain a Permanent account number (PAN) from income tax dept. India
3. If required: Documents obeying shop and establishment acts.
4. If required: For foreign trade, Registration documents of import export code from Director General of foreign trade.
5. If required: Registration documents of Software technologies Parks of India (STPI).
6. If required: RBI approval for foreign companies investing in India and FIPB approval.
7. Both Indian and foreign directors need to have valid Digital Signature Certificates from authorized agencies.

 Company Registration Process:
1.DSC (Digital Signature Certificate).
All Propose directors of the private limited Company should have a digital signature and digital signature will use to file the registration, ROC compliance forms, and Tax returns.
2.Director Identification No (DIN).
When a Digital signature is approved, and you will get an approval email from the Registrar of companies that you are now eligible to be a director of a company. It takes one working days to approve DIN.
3. Company Name Approval.
After a Trademark search, we will proceed to file a Name approval application to ROC on your behalf.
4.Final Incorporation & CIN.
After Name approval from the Registrar of Companies, we will file final incorporation e-form with all supporting documents like registered address proof, Declaration from directors. Registrar of companies takes 3 working days to complete the approval process of a company.
 Documents Required
From All Directors And Shareholder.
• PAN Card or Passport or Election ID Card.
• Latest Bank Statement/Telephone or Mobile Bill.
• Voter’s ID/Passport/Driver’s License.
• Passport-sized photograph of all directors and shareholder.
• Scan copy of Signature (signature should same as on PAN Card).

 Registration Procedure
A private limited company is the most common form of business entity in India. It is easy to maintain and raise funds, offers limited liability to its members, offer flexibility, easy bank loan accessibility. Read Advantages of Private Limited Company. Following are the steps involved in the registration of private limited company.

Basic requirement
There must be at least 2 members in the company.
The company shall be made for legal business and must not harm the society. The company object should not be illegal.
In case, if the registrar issue the certificate of incorporation to such business entity , then certificate will be void and registration will be itself cancelled by the Central Government and appropriate proceeding will take place against the entity and the Registrar.
Read in detail Pre-Requisites for Registration of Private Limited Company
Step 1: Obtaining Director Identification Number (DIN) & Digital Signature
The First step is
1. Obtaining Director Identification Number (DIN) for the proposed Directors in the Company
2. Obtaining Digital Signature for one of the Directors of Company.

After this, application for name of Private Limited Company must be applied.
Step 2: Applying for the name
The promoters should propose one or more suitable name for the name of company as it offers the flexibility and choice to registrar to select the name in case some names are identical or similar to registered business entities or trademark.
1. The name should not be similar or identical to any registered company or trademark.
2. The name should not be one prohibited under the ‘Emblems and names Act, 1950’.
3. The name of company must have suffix “Private limited Company”.

After submission of name, registrar will review and approve one of the name .It usually takes 3 to 5 working days to approve the name for company .
Read tips for Choosing the right name for your company registration for easy approval of name by ROC.
Step 3: Filing for Incorporation of Private Limited Company
After the name approval, promoters should submit the application, prescribed fees and below said following documents to the registrar.
1. Articles of Association, if any.
2. Memorandum of Association.
3. Declaration from Directors.
4. Affidavits of the Directors.

A declaration stating that the requirements of the Act and the rules framed there under have been compiled with. This declaration is required to be signed by an advocate of the or Supreme Court or an attorney or a pleader having the right to appear before or a High Court or a Chartered Accountant in whole time practice in India who is engaged in the formation of a company, or by a person named in the Articles as a Director, Manager or Secretary of the Company.
Besides the aforementioned documents, the company must provide relevant information regarding of its registered office within 15 days of registration or during filing of incorporation documents.
Step 4: Subscribing to the Private Limited Company
As per the Companies Act 2013, a subscriber must sign their names and must be subscribed to the shares of the company incorporated. It means each subscriber must have at least one share of the company. Each subscriber should sign the memorandum in presence of at least one witness and must clearly state the following:
1. Address
2. Personal Description
3. Occupation
4. No of shares subscribed
5. Nature of shares etc.

Likewise both (Article and Memorandum of association) must be duly signed and stamped.

Step 5: Certificate of Incorporation
After filing the above-mentioned documents and payment of necessary fees, the certificate for Company incorporation would be issued by the Registrar of Companies. Upon Incorporation, the company becomes a legal person separate from its members.
The process to register a private limited is complex and time-consuming. Our team atLegalRaasta can help startups and Entrepreneurs Register Private Limited Company in 14-15 days @ 13,999/- only (inclusive of government fee) saving 40% compared to typical CA/CS.
Registering new business in India, some official procedures a company has to follow in order to register them in Indian official records, MCA (ministry of Corporate Affairs) has to made registration process online few years back.
The registration includes some must follow rules and some registration like Digital Signature Certificate (DSC), Director Identity Number (DIN), Filing an eForm or New user registration and Incorporate the company.

1. A private limited company should have a minimum capital of Rs 1 lac. The registration fee and stamp duty depends on the capital of the company and the state in which the company is registered. The company name should reflect the business objects of the company. It should be such that it does not resemble the name of any existing companies. If the proposed names resemble any existing business entity, the Registrar of companies may reject the name application.

2. Partnership firms are not a separate legal entity; hence the partners and the partnership firm are the same. However, for income tax purposes, partnership firms are treated as a separate entity and hence need to obtain PAN from the income tax dept and file income tax returns.

3. Only a natural person can form a One Person Company. A private company or an LLP can NOT start an OPC. The member should also be a resident on India.

For more details on registering Pvt ltd,Partnership,NGO,Trust,Sole Proprietorship firm contact
HG Corporates, hgcorporates.com
To Register a Startup company in India you’ll need to take help of professional & licensed company registration service providers like us.
 Procedures for Private Limited Company Registration:
Minimum Requirements for Private Limited Company Registration
• Minimum 2 Directors (The directors and shareholders can be same person)
• Minimum 2 Shareholders.
• No Minimum Capital Required.

 Documents Required For Private Limited Company Registration:
1. Colour PP Photograph.
2. PAN Card – Self Attested.
3. Identity Proof – Any One Self Attested.
(Driving License / Passport / Aadhar Card / Voter ID Card).

4. Address Proof – Any One Self Attested.
(Latest Bank Statement / Electricity Bill / Telephone Bill / Mobile bill).

Submit the documents to Licensed & Professional Company Registration service providers like HG Corporate Advisors.
Legal procedure for registering a company as Private Limited in India:
STEP 1 :Getting a Digital Signature & DIN:
In lay man’s language Digital Signature is a kind of password which authenticate the user.DIN refers to Director Identification Number; Anyone who is proposed to be a Director of the company needs to have a DIN.
STEP 2 : Name Availability Check & Application for Name Reservation/ Approval:
We will apply for Name Approval with the ROC. A maximum of 6 Names can be provided for Name approval.
STEP 3 : Drafting of Memorandum of Association (MOA) & Article of Association (AOA). , Filing & Uploading of Incorporation Forms:
• We consult with you and draft your Memorandum of Association & Article of Association for your kind perusal so that your Company is incorporated with the best drafted Memorandum & Articles.
• Form 1 has been replaced with Form INC-7: For Application of Incorporation of Company.
• Documents Required: Memorandum of Association (To be prepared by us.
• Article of Association (To be prepared by us).
• Affidavit from Subscriber (Non Acceptance of Public Deposit – Format to be provided by us).
• Id Proof of Subscriber (/Passport/Voter Id/Aadhar/Driving License – Any ONE).
• Residential Proof of Subscriber (Latest Bank Statement/Latest Mobile Bill/Latest Telephone Bill / Latest Electricity Bill).
• INC 9 & INC 10 as attachment in Notarized Stamp-paper (Format shall be provided by us).

STEP 4 : Company Address Form 22 for situation of Office Address
STEP 5 : DIR-12 for information regarding the Directors:
Declaration by Director (Format to be provided by us). Consent Letter by Director (Format to be provided by us)
STEP 6 : Getting Incorporation Certificate:
After Uploading the Forms, generally within 3-7 working days, a Company Incorporation Certificate is received.
Private Limited Company Registration Package Includes:
• 2-Digital Signature Certificate (DSC).
• 2-Director Identification Number (DIN).
• Company Name Approval by Ministry.
• Memorandum of Association (MoA) &
• Articles of Association (AoA).
• Registration Certificate.
• Permanent Account Number (PAN).
• Tax Account Number (TAN).

A guide on how to register Startup or new business in India with documents needed, fees breakdown and time to complete company registration.
A startup is an energy booster for the Indian economy. Whether your startup is a sole proprietorship or a partnership business, it’s better to give your business a legal existence. The reason being, a registered company, can be closed down only by legal authorities in case of any unforeseen issues. Here we look at the steps to register a start-up or a new business in India.
The Ministry of Corporate Affairs has made it convenient for the new startups by introducing the online registration. In May 2015, Ministry of Corporate Affairs introduced a five-in-one form to make the process of registration easier. The new form known as Integrated Incorporation Form INC-29 will require you to fill only one form instead of the tedious process of filling out eight forms. An advantage of the new form is that it reduces the interaction with the authorities at the various levels.
Now you can register your new business from the comfort of your home. There are four steps that you need to do follow.
 Apply for Director Identification Number(DIN)
The first and foremost process is to the registration of the company directors. You should create a login id in the Legal Raasta website.
A nominal amount of Rs 500 for DIN will be charged and normally it takes a day to get this number.
 Acquire Digital Signature Certificate (DSC)
This is important to ensure the authenticity of the documents that you file electronically. Also, understand that the digital signature certificate should be authenticated by the agencies appointed by the controller of certificate agencies.
You would have to pay a nominal amount Rs 1299/-. It will get at least four days to get the certificate.

 Approval of the company name and certificate of Incorporation
The company name will be approved by Registrar of Company (ROC). Once the name is approved by ROC apply for the Certificate of Incorporation. This is done by filling out Form 1, Form 18 and Form 32.
You would have to pay Rs 1000/- for the approval of the name and the Certificate of Incorporation, the amount can be anywhere between Rs 1000 to 4000.
The name approval will take at least two days while the certificate of incorporation will take a week.
The following documents that have to be attached to Form 1 while applying for the certificate of Incorporation.
• Signed copy of the Memorandum of Association (MOA).
• Signed copies of Articles of Association (AOA).

The power of Attorney from the various subscribers on judicial stamp paper worth Rs 100 and finally, the identification of the subscribers.
 Apply for Permanent Account Number and Tax Account Number for the registered company
The PAN card can be obtained from Income Tax Department, India by paying a nominal amount of INR 94. You can apply for the TAN card by visiting the website TIN. You will be charged INR 62.
The total time span to obtain these is seven days.
The other formalities that you can go about during this period include getting a rubber stamp of the company, registering for VAT and professional tax, employees provident fund and health insurance and so on.
 Procedures for Private Limited Company Registration:
STEP 1 :Getting a Digital Signature & DIN:
In lay man’s language Digital Signature is a kind of password which authenticate the user.DIN refers to Director Identification Number; Anyone who is proposed to be a Director of the company needs to have a DIN.
STEP 2 : Name Availability Check & Application for Name Reservation/ Approval:
HG will apply for Name Approval with the ROC. A maximum of 6 Names can be provided for Name approval.
STEP 3 : Drafting of Memorandum of Association (MOA) & Article of Association (AOA). , Filing & Uploading of Incorporation Forms:
• HG Corporate Advisors consults with you and draft your Memorandum of Association & Article of Association for your kind perusal so that your Company is incorporated with the best drafted Memorandum & Articles.
• Form 1 has been replaced with Form INC-7: For Application of Incorporation of Company.
• Documents Required: Memorandum of Association (To be prepared by HG)
• Article of Association (To be prepared by HG)
• Affidavit from Subscriber (Non Acceptance of Public Deposit – Format to be provided by HG)
• Id Proof of Subscriber (/Passport/Voter Id/Aadhar/Driving License – Any ONE)
• Residential Proof of Subscriber (Latest Bank Statement/Latest Mobile Bill/Latest Telephone Bill / Latest Electricity Bill)
• INC 9 & INC 10 as attachment in Notarized Stamp-paper (Format shall be provided by HG)

STEP 4 : Company Address Form 22 for situation of Office Address
STEP 5 : DIR-12 for information regarding the Directors:
Declaration by Director (Format to be provided by us). Consent Letter by Director (Format to be provided by HG)
STEP 6 : Getting Incorporation Certificate:
After Uploading the Forms, generally within 3-7 working days, a Company Incorporation Certificate is received.
 Minimum Requirements for Private Limited Company Registration
• Minimum 2 Shareholders
• Minimum 2 Directors(The directors and shareholders can be same person
• No Minimum Capital Required
• DIN (Director Identification Number) for all the Directors
• DSC (Digital Signature Certificate) for all the Directors
• Registered Office (You can operate from your residential address. Private Limited can be Registered using your Home address.
You don’t need to invest initially in office setup.)

 Documents Required For Private Limited Company Registration:
1. Colour PP Photograph
2. PAN Card – Self Attested
3. Identity Proof – Any One Self Attested
(Driving License / Passport / Aadhar Card / Voter ID Card)
4. Address Proof – Any One Self Attested
(Latest Bank Statement / Electricity Bill / Telephone Bill / Mobile bill)

 Private Limited Company Registration Package Includes:
• 2-Digital Signature Certificate (DSC)
2-Director Identification Number (DIN)
• Company Name Approval by Ministry
• Memorandum of Association (MoA) &
Articles of Association (AoA)
• Registration Certificate
• Permanent Account Number (PAN)
• Tax Account Number (TAN)
HG corporates can help you with your company registration. They register your company in less than 10 days,
What is the procedure to register a startup company in India and how much will it cost?
 What is a private limited company?
Private limited company is a perfect start for anyone who wants to start their business to give it a separate legal identity. Private limited company can be formed with ease and its procedural compliance are also easy when compared to that of a public company.

 ADVANTAGES
A private limited company can be started off with just two members who will be the shareholders and directors.
A company enjoys separate legal identity unlike partnership firms.
Minimum capital required to incorporate a private limited company is one lakh.
Personal assets of the shareholders will not be at risk, in the event of the company facing financial distress.
A company enjoys perpetual existence unlike other forms of business i.e., the company continues to exist irrespective of the status of the owner.

 Procedure for Registration
With the introduction of form INC29, establishing a company is much easier and less time consuming.
Digital signature for at least one director is required.
If any director already possess DIN it can be used. Else, application for DIN can be made in INC 29.
Memorandum and Articles of Association should be drafted
Affidavit and declaration by first subscribers and Directors should be prepared
Duly filled INC29 should be filed with the ROC for incorporating the company stating the proposed name of the company which meets the requirements, along with the following requirements.
• MOA.
• AOA.
• Affidavit.
• Proof for registered office address along with utility bill.
• Once the application is duly filed and accepted by ROC, certificate of incorporation is issued and the company is all set to start it’s operations.

By |October 28th, 2017|Best Lawyers For Company Registration Process|0 Comments

Lawyers For Company Registration Process

Company Registration Process

There are 5 types of companies that can be registered in India
• Sole Proprietorship Firm
• Partnership Firm
• One Person Company
• Limited Liability Partnership
• Private Limited Company

1. Sole Proprietorship Firm
A sole proprietorship business is where a single individual runs the business. There is no separation between the legal identities of the business and the businessman. In other words, business debts are the businessman’s own debts. His liability is unlimited and he is personally responsible to bear all losses of the business.
 Following are some essential features of a sole-proprietorship:
• Easy to form
• One person ownership
• Unlimited liability
• No separation between business and business owner
• Freedom of decision making
• Secrecy.
• Tax benefits.
• Business exists as long as the owner does.

 Registration of Sole Proprietorship Firm
There is no formal process for registering a Sole-proprietorship in India. Therefore, the existence of a sole proprietorship business can be established only through opening a bank account in the name of the proprietorship firm or obtaining licenses required for conducting the business under various other acts such as:
• Shops and Establishments, for the premises.
• FSSAI License Food License, if you are thinking to start food truck, restaurants, food joints, food item or consumable item packaging, food item or cosumable item delivery etc.
• GST Registration It is a mandatory for all Business or Professional entities with turnover exceeding INR 20 lakhs are required to obtain Goods & Services Tax (GST) registration compliance
• Trade License, issued by the municipal corporation of a city, allows a business owner to carry on an activity or manufacture or exchange of any commodity.
• Import Export Code (IEC), if you want to import or export.

However, please note that you don’t need to register under all these acts. The kind of registration will depend upon a) type of your business b) expected annual turnover and c) location.

2. Partnership Firm
A partnership firm is a business structure in which two or more individuals manage and operate a business in accordance with the terms and objectives set out in a Partnership Deed. All the partners have unlimited liability, which means they are personally liable for the debts of the business.
 Following are some essential features of a Partnership:
• Aim is to share profits and not losses.
• Losses, if any, will be borne by partners in their profit sharing ratio.
• Only persons who are competent to contract# can form a partnership.
• A minor cannot be a partner in a partnership. But, he is allowed to share the profits from a partnership business.
• No partner is allowed to transfer his share in partnership to any other person without the consent of all the other partners.
• There is a presumption of utmost good faith between partners.
• Every partner contributes to the business in some form or the other. It may be in the form of time, money, skills and/or goodwill.

 Registration of Partnership Firm:
A partnership firm can be registered whether at the time of its formation or even subsequently. You need to file an application with the Registrar of Firms of the area in which your business is located.
 Ensure that the following documents and prescribed fees are enclosed with the registration application :
• Application for Registration in the prescribed Form – I
• Duly filled Specimen of Affidavit
• Certified copy of the Partnership deed
• Proof of ownership of the place of business or the rental/lease agreement.

 Application for partnership registration should include the following information:
• Name of your firm
• Name of the place where business is carried on
• Names of any other place where business is carried on
• Date of partners joining the firm
• Full name and permanent address of partners.
• Duration of the firm
• Every partner needs to verify and sign the application

Once the Registrar of Firms is satisfied that the application procedure has been duly complied with, he shall record an entry of the statement in the Register of Firms and issue a Certificate of Registration.

3. One Person Company
The concept of One Person Company (OPC) was introduced by the Companies Act of 2013. It is a cross or hybrid between the sole proprietorship and company forms of business and combines the best features of both. As the name suggests, it allows a single individual to form a company. It combines the freedom of a sole proprietorship business with the limited liability and various other benefits that come with operating as a company.
 Following are some essential features of a One Person Company:
• Any natural person can form a company. i.e. an individual
• The person must be an Indian citizen or a person who is resident in India
• Such person will be the shareholder and member of the company. No other shareholder is required.
• Such shareholder must nominate a person to act as his nominee to act as the shareholder/member in the event of his/her death incapacity.
• Consent must be obtained from a person before designating him/her as the nominee.
• An OPC must have a minimum of one director.
• The person forming the company may also act as the director.
• Such company can only be incorporated as a private company.
• It may be a company limited by shares, by guarantee, or an unlimited company.
• Minimum capital requirements are the same as applicable to a private company i.e. INR One (1) Lakh.

4. Limited Liability Partnership
An LLP is a unique mode of doing business which offers a combination of the flexibility of a partnership and limited liability of a company. It is governed by the Limited Liability Partnership Act, 2008. An LLP is the most preferred route taken by startups to incorporate their business.
 Following are some essential features of a LLP:
• It is a corporate body.
• It is a legal person separate from its partners.
• All the partners have limited liability.
• It provides perpetual succession to the business.
• Requires at least two partners and at least two individuals as designated partners.
• At least one designated partner must be a resident of India.
• Winding up may be voluntary or may be initiated by a tribunal/High Court.
• The Indian Partnership Act does not apply to an LLP.
• The Central Government is allowed to apply provisions of Companies Act to an LLP.

5. Private Limited Company
Generically defined, a private company would be an association of persons who share a common purpose and pool their resources in order to achieve that purpose.
As per The Companies Act, 2013, a minimum of two persons can form a private company.

 Following are some essential features of a Private Limited Company:

• Huge capital
• Raise capital from angel investors, venture funds etc.
• Maximum number of members is 200 for private company.
• Limited Liability of all the members.
• Separate Legal Entity
• The memorandum must state the word ‘private limited’ with the name of the company.
• Minimum number of directors is 2 for a private company.
• Right to transfer shares is restricted in the case of a private company.
• The minimum capital requirement of INR 1 lakh for private companies
• Use of common seal is optional.

 Private Limited Company – The most successful business type.
In a private company, the business owners hold all shares of the company privately. Shareholders may operate the business themselves, or hire directors to manage the company on their behalf. Registering a private limited company results in protection of personal assets, access to more resources, financial assistance and greater credibility.
 Limited Liability Partnership (LLP) – A corporate form of Partnership
It exhibits elements of both partnership and corporation. In LLP, one partner is not responsible or liable for another partner’s misconduct or negligence unlike a traditional partnership in which each partner has joint and several liability.
All these three forms of business have the feature if Limited Liability and Separate Legal Entity, ie, the members or partners have no personal liability. Yet, they are different from each other in various aspects.
 One Person Company (OPC) – A corporate form of Proprietorship.
One Person Company (OPC) has been recently introduced in India to promote business enterprises that are owned and managed by a single Entrepreneur. OPC allows for a single individual to own and manage the business. One Person Company is therefore a viable option for those looking to start an unregistered Proprietorship.
 Documents required for Private Limited Company Registration
For Directors/Shareholders
• One Photograph.
• Copy of PAN Card.
• Copy of Address proof – Aadhaar Card/Driving License/Passport/Voter ID.
• Copy of Bank Statement/Mobile Phone/Landline Telephone Bill.
• Copy of Aadhaar Card.

For Company Address
• Proof of Registered Address – Sale Deed/Rental Agreement
• Copy of Utility bill – Electricity/Landline telephone/Gas Bill – not older than two months.
• No Objection Certificate for use of premises, if required

It usually takes 15-20 days to Register a Private Limited Company through SPICe INC-32 (A single application for Reservation of Name, Incorporation of Company and Allotment of DIN), subject to ROC processing time.
These are four major steps:
• Acquiring Digital Signature Certificate(DSC)
• Acquiring Director Identification Number(DIN)
• Filing an eForm or New user registration
• Incorporate the company

It’s necessary to get registered yourself to run your business without any legal problem. India is a land of opportunity, no matter in which field your business is operating the chances of getting success is very high, so it just needs a start. starting an entrepreneurship in India would fetch you great success. fallow this post sincerely till you incorporate your final claim for your company. We assure one will end up in getting their business registered after following this procedure.
Private company may have two directors, but a public company must have at least three directors.

 Lets start the registration procedure: 4 Steps
Step 1: Acquire Director Identification Number (DIN)
This is the first process in registration that each director of the company should obtain their identification number. As per the amendment act 2006, acquiring a DIN is compulsory for every director i.e. as such every existing and intending directors have to obtain their DIN. To get DIN one need to file a eForm DIN-1. The DIN-1 form is available on Official site of the ministry of corporate affairs the link is DIN-1 Form.
• Register yourself on MCA Website first and have a login id. After filling DIN-1 Form, one should upload the filled form by clicking to eForm upload button on MCA website and should pay applicable fees.
• After getting generated DIN one should intimate their company about DIN. The director can intimate their company about DIN by using DIN-2 Form.
• Then company should intimate the Registrar of Corporates(ROC) about all director’s DIN through DIN-3 Form.
• If there is any change in DIN or need for any updation like change of address, personal details etc, then director should intimate this change by submitting the eForm DIN-4 Form.

Step 2: Acquire Digital Signature Certificate(DSC):
In order to ensure the security or authenticity of documents filed electronically the information act 200o demands a valid digital signature on the documents submitted electronically. This is the only and safest way that one can submit their documents electronically. The digital signature certificate should be acquired by only those agencies which are appointed by the controller of certification agencies (CCA). One should not use DSC given by any other agency which is not approved and it’s illegal to use others DSC as yours or the false one.
If you already have a digital signature then you can use the same, no need to apply for another. But do check for your digital signature validity, agencies issue DSC’s with one or two year validity after expiry you have to renew it.
One can acquire his/her Digital Signature certificates from these government listed agencies like TCS, IDBRT, MTNL, SAFESCRYPT, NIC, NCODE Solutions etc. to check out their price details of these Govt approved agencies, Go to this link.

Step 3: Create a account on MCA Portal – New user registration
This is about having a registered user account on MCA Portal for filing a eForm, for online fee payment, for different transactions as registered and business user. Creating an account is totally free of cost. To register yourself on the MCA portal, click on the register link.

Step 4: Apply for the company to be registered.
This is the final major step in a registration of your company which includes incorporating company name, Registering the office address or notice of situation of office and notice for appointment of company directors, manager and secretary. And also regarding the take and pay for their qualification shares.
• Form-1:Form-1A: Application form for availability or change of a company name. Once you apply for new company name, the MCA will suggest four different form of your company name; you have to choose one among them. To do the same you have you have to fill Form-1A and submit.Form-1: This is for application or declaration for incorporation of a company, in this form you have to fill the same name which you have chosen during application of form-1A.
• Form-18:This form is for notice of the situation of a new company office or change of situation of previously registered office.For a new company you have to fill the form with genuine office address and submit.
• Form-32:For a new company, this form is for notice for appointment of new Directors, Managers and Secretary. For an existing company, this form is for a change of directors, Manger, Secretary or company head.

After submitting these forms, once the application has been approved by MCA, you will receive a confirmation email regarding the application for incorporation of a new company, and the status of the form will get changed to Approved.

 Detailed procedure for approval of the proposed company name:
For obtaining name for your new company, An application in Form-1A needs to be filed with the Registrar of Companies (ROC) of the state in which the Registered Office of the proposed Company is to be situated to ascertain the availability of a name along with an official service fee of Rs.500/-.
You have to provide four alternative names for the proposed company. Your company name shall not resemble the name of any other company already registered or violate the provisions according to Act, 1950.
In this form you have to fill name and addresses of directors (minimum 2 for a private company and 7 for a public company). You have to mention main objects of the company and authorized capital.
In about 10 days, the ROC will inform you about approval or objections. If there are any objections then ROC will suggest you with some available names and let you choose among them. If your company name is approved then you will receive a formal letter regarding the confirmation of the same. Keep the same which will be required during registration process of the proposed company.
If you find any difficulty or encounter any problem while obtaining the company name then do contact us, We will help you to sort out your problem.
 Check these documents before submission of a company:
1. DIN of all those directors of a proposed company.
2. DSC – Digital Signature Certificate
3. Original copy the of formal letter issued by ROC regarding availability of Company name.
4. Form-1 for incorporation of a company.
5. Form-18 for situation or address of the proposed company.
6. Form-32 for particulars of proposed directors, managers and secretary.

 Formalities to be followed while incorporation of a company:
1. Obtain a TAN card
2. Obtain a Permanent account number (PAN) from income tax dept. India
3. If required: Documents obeying shop and establishment acts.
4. If required: For foreign trade, Registration documents of import export code from Director General of foreign trade.
5. If required: Registration documents of Software technologies Parks of India (STPI).
6. If required: RBI approval for foreign companies investing in India and FIPB approval.
7. Both Indian and foreign directors need to have valid Digital Signature Certificates from authorized agencies.

 Company Registration Process:
1.DSC (Digital Signature Certificate).
All Propose directors of the private limited Company should have a digital signature and digital signature will use to file the registration, ROC compliance forms, and Tax returns.
2.Director Identification No (DIN).
When a Digital signature is approved, and you will get an approval email from the Registrar of companies that you are now eligible to be a director of a company. It takes one working days to approve DIN.
3. Company Name Approval.
After a Trademark search, we will proceed to file a Name approval application to ROC on your behalf.
4.Final Incorporation & CIN.
After Name approval from the Registrar of Companies, we will file final incorporation e-form with all supporting documents like registered address proof, Declaration from directors. Registrar of companies takes 3 working days to complete the approval process of a company.
 Documents Required
From All Directors And Shareholder.
• PAN Card or Passport or Election ID Card.
• Latest Bank Statement/Telephone or Mobile Bill.
• Voter’s ID/Passport/Driver’s License.
• Passport-sized photograph of all directors and shareholder.
• Scan copy of Signature (signature should same as on PAN Card).

 Registration Procedure
A private limited company is the most common form of business entity in India. It is easy to maintain and raise funds, offers limited liability to its members, offer flexibility, easy bank loan accessibility. Read Advantages of Private Limited Company. Following are the steps involved in the registration of private limited company.

Basic requirement
There must be at least 2 members in the company.
The company shall be made for legal business and must not harm the society. The company object should not be illegal.
In case, if the registrar issue the certificate of incorporation to such business entity , then certificate will be void and registration will be itself cancelled by the Central Government and appropriate proceeding will take place against the entity and the Registrar.
Read in detail Pre-Requisites for Registration of Private Limited Company
Step 1: Obtaining Director Identification Number (DIN) & Digital Signature
The First step is
1. Obtaining Director Identification Number (DIN) for the proposed Directors in the Company
2. Obtaining Digital Signature for one of the Directors of Company.

After this, application for name of Private Limited Company must be applied.
Step 2: Applying for the name
The promoters should propose one or more suitable name for the name of company as it offers the flexibility and choice to registrar to select the name in case some names are identical or similar to registered business entities or trademark.
1. The name should not be similar or identical to any registered company or trademark.
2. The name should not be one prohibited under the ‘Emblems and names Act, 1950’.
3. The name of company must have suffix “Private limited Company”.

After submission of name, registrar will review and approve one of the name .It usually takes 3 to 5 working days to approve the name for company .
Read tips for Choosing the right name for your company registration for easy approval of name by ROC.
Step 3: Filing for Incorporation of Private Limited Company
After the name approval, promoters should submit the application, prescribed fees and below said following documents to the registrar.
1. Articles of Association, if any.
2. Memorandum of Association.
3. Declaration from Directors.
4. Affidavits of the Directors.

A declaration stating that the requirements of the Act and the rules framed there under have been compiled with. This declaration is required to be signed by an advocate of the or Supreme Court or an attorney or a pleader having the right to appear before or a High Court or a Chartered Accountant in whole time practice in India who is engaged in the formation of a company, or by a person named in the Articles as a Director, Manager or Secretary of the Company.
Besides the aforementioned documents, the company must provide relevant information regarding of its registered office within 15 days of registration or during filing of incorporation documents.
Step 4: Subscribing to the Private Limited Company
As per the Companies Act 2013, a subscriber must sign their names and must be subscribed to the shares of the company incorporated. It means each subscriber must have at least one share of the company. Each subscriber should sign the memorandum in presence of at least one witness and must clearly state the following:
1. Address
2. Personal Description
3. Occupation
4. No of shares subscribed
5. Nature of shares etc.

Likewise both (Article and Memorandum of association) must be duly signed and stamped.

Step 5: Certificate of Incorporation
After filing the above-mentioned documents and payment of necessary fees, the certificate for Company incorporation would be issued by the Registrar of Companies. Upon Incorporation, the company becomes a legal person separate from its members.
The process to register a private limited is complex and time-consuming. Our team atLegalRaasta can help startups and Entrepreneurs Register Private Limited Company in 14-15 days @ 13,999/- only (inclusive of government fee) saving 40% compared to typical CA/CS.
Registering new business in India, some official procedures a company has to follow in order to register them in Indian official records, MCA (ministry of Corporate Affairs) has to made registration process online few years back.
The registration includes some must follow rules and some registration like Digital Signature Certificate (DSC), Director Identity Number (DIN), Filing an eForm or New user registration and Incorporate the company.

1. A private limited company should have a minimum capital of Rs 1 lac. The registration fee and stamp duty depends on the capital of the company and the state in which the company is registered. The company name should reflect the business objects of the company. It should be such that it does not resemble the name of any existing companies. If the proposed names resemble any existing business entity, the Registrar of companies may reject the name application.

2. Partnership firms are not a separate legal entity; hence the partners and the partnership firm are the same. However, for income tax purposes, partnership firms are treated as a separate entity and hence need to obtain PAN from the income tax dept and file income tax returns.

3. Only a natural person can form a One Person Company. A private company or an LLP can NOT start an OPC. The member should also be a resident on India.

For more details on registering Pvt ltd,Partnership,NGO,Trust,Sole Proprietorship firm contact
HG Corporates, hgcorporates.com
To Register a Startup company in India you’ll need to take help of professional & licensed company registration service providers like us.
 Procedures for Private Limited Company Registration:
Minimum Requirements for Private Limited Company Registration
• Minimum 2 Directors (The directors and shareholders can be same person)
• Minimum 2 Shareholders.
• No Minimum Capital Required.

 Documents Required For Private Limited Company Registration:
1. Colour PP Photograph.
2. PAN Card – Self Attested.
3. Identity Proof – Any One Self Attested.
(Driving License / Passport / Aadhar Card / Voter ID Card).

4. Address Proof – Any One Self Attested.
(Latest Bank Statement / Electricity Bill / Telephone Bill / Mobile bill).

Submit the documents to Licensed & Professional Company Registration service providers like HG Corporate Advisors.
Legal procedure for registering a company as Private Limited in India:
STEP 1 :Getting a Digital Signature & DIN:
In lay man’s language Digital Signature is a kind of password which authenticate the user.DIN refers to Director Identification Number; Anyone who is proposed to be a Director of the company needs to have a DIN.
STEP 2 : Name Availability Check & Application for Name Reservation/ Approval:
We will apply for Name Approval with the ROC. A maximum of 6 Names can be provided for Name approval.
STEP 3 : Drafting of Memorandum of Association (MOA) & Article of Association (AOA). , Filing & Uploading of Incorporation Forms:
• We consult with you and draft your Memorandum of Association & Article of Association for your kind perusal so that your Company is incorporated with the best drafted Memorandum & Articles.
• Form 1 has been replaced with Form INC-7: For Application of Incorporation of Company.
• Documents Required: Memorandum of Association (To be prepared by us.
• Article of Association (To be prepared by us).
• Affidavit from Subscriber (Non Acceptance of Public Deposit – Format to be provided by us).
• Id Proof of Subscriber (/Passport/Voter Id/Aadhar/Driving License – Any ONE).
• Residential Proof of Subscriber (Latest Bank Statement/Latest Mobile Bill/Latest Telephone Bill / Latest Electricity Bill).
• INC 9 & INC 10 as attachment in Notarized Stamp-paper (Format shall be provided by us).

STEP 4 : Company Address Form 22 for situation of Office Address
STEP 5 : DIR-12 for information regarding the Directors:
Declaration by Director (Format to be provided by us). Consent Letter by Director (Format to be provided by us)
STEP 6 : Getting Incorporation Certificate:
After Uploading the Forms, generally within 3-7 working days, a Company Incorporation Certificate is received.
Private Limited Company Registration Package Includes:
• 2-Digital Signature Certificate (DSC).
• 2-Director Identification Number (DIN).
• Company Name Approval by Ministry.
• Memorandum of Association (MoA) &
• Articles of Association (AoA).
• Registration Certificate.
• Permanent Account Number (PAN).
• Tax Account Number (TAN).

A guide on how to register Startup or new business in India with documents needed, fees breakdown and time to complete company registration.
A startup is an energy booster for the Indian economy. Whether your startup is a sole proprietorship or a partnership business, it’s better to give your business a legal existence. The reason being, a registered company, can be closed down only by legal authorities in case of any unforeseen issues. Here we look at the steps to register a start-up or a new business in India.
The Ministry of Corporate Affairs has made it convenient for the new startups by introducing the online registration. In May 2015, Ministry of Corporate Affairs introduced a five-in-one form to make the process of registration easier. The new form known as Integrated Incorporation Form INC-29 will require you to fill only one form instead of the tedious process of filling out eight forms. An advantage of the new form is that it reduces the interaction with the authorities at the various levels.
Now you can register your new business from the comfort of your home. There are four steps that you need to do follow.
 Apply for Director Identification Number(DIN)
The first and foremost process is to the registration of the company directors. You should create a login id in the Legal Raasta website.
A nominal amount of Rs 500 for DIN will be charged and normally it takes a day to get this number.
 Acquire Digital Signature Certificate (DSC)
This is important to ensure the authenticity of the documents that you file electronically. Also, understand that the digital signature certificate should be authenticated by the agencies appointed by the controller of certificate agencies.
You would have to pay a nominal amount Rs 1299/-. It will get at least four days to get the certificate.

 Approval of the company name and certificate of Incorporation
The company name will be approved by Registrar of Company (ROC). Once the name is approved by ROC apply for the Certificate of Incorporation. This is done by filling out Form 1, Form 18 and Form 32.
You would have to pay Rs 1000/- for the approval of the name and the Certificate of Incorporation, the amount can be anywhere between Rs 1000 to 4000.
The name approval will take at least two days while the certificate of incorporation will take a week.
The following documents that have to be attached to Form 1 while applying for the certificate of Incorporation.
• Signed copy of the Memorandum of Association (MOA).
• Signed copies of Articles of Association (AOA).

The power of Attorney from the various subscribers on judicial stamp paper worth Rs 100 and finally, the identification of the subscribers.
 Apply for Permanent Account Number and Tax Account Number for the registered company
The PAN card can be obtained from Income Tax Department, India by paying a nominal amount of INR 94. You can apply for the TAN card by visiting the website TIN. You will be charged INR 62.
The total time span to obtain these is seven days.
The other formalities that you can go about during this period include getting a rubber stamp of the company, registering for VAT and professional tax, employees provident fund and health insurance and so on.
 Procedures for Private Limited Company Registration:
STEP 1 :Getting a Digital Signature & DIN:
In lay man’s language Digital Signature is a kind of password which authenticate the user.DIN refers to Director Identification Number; Anyone who is proposed to be a Director of the company needs to have a DIN.
STEP 2 : Name Availability Check & Application for Name Reservation/ Approval:
HG will apply for Name Approval with the ROC. A maximum of 6 Names can be provided for Name approval.
STEP 3 : Drafting of Memorandum of Association (MOA) & Article of Association (AOA). , Filing & Uploading of Incorporation Forms:
• HG Corporate Advisors consults with you and draft your Memorandum of Association & Article of Association for your kind perusal so that your Company is incorporated with the best drafted Memorandum & Articles.
• Form 1 has been replaced with Form INC-7: For Application of Incorporation of Company.
• Documents Required: Memorandum of Association (To be prepared by HG)
• Article of Association (To be prepared by HG)
• Affidavit from Subscriber (Non Acceptance of Public Deposit – Format to be provided by HG)
• Id Proof of Subscriber (/Passport/Voter Id/Aadhar/Driving License – Any ONE)
• Residential Proof of Subscriber (Latest Bank Statement/Latest Mobile Bill/Latest Telephone Bill / Latest Electricity Bill)
• INC 9 & INC 10 as attachment in Notarized Stamp-paper (Format shall be provided by HG)

STEP 4 : Company Address Form 22 for situation of Office Address
STEP 5 : DIR-12 for information regarding the Directors:
Declaration by Director (Format to be provided by us). Consent Letter by Director (Format to be provided by HG)
STEP 6 : Getting Incorporation Certificate:
After Uploading the Forms, generally within 3-7 working days, a Company Incorporation Certificate is received.
 Minimum Requirements for Private Limited Company Registration
• Minimum 2 Shareholders
• Minimum 2 Directors(The directors and shareholders can be same person
• No Minimum Capital Required
• DIN (Director Identification Number) for all the Directors
• DSC (Digital Signature Certificate) for all the Directors
• Registered Office (You can operate from your residential address. Private Limited can be Registered using your Home address.
You don’t need to invest initially in office setup.)

 Documents Required For Private Limited Company Registration:
1. Colour PP Photograph
2. PAN Card – Self Attested
3. Identity Proof – Any One Self Attested
(Driving License / Passport / Aadhar Card / Voter ID Card)
4. Address Proof – Any One Self Attested
(Latest Bank Statement / Electricity Bill / Telephone Bill / Mobile bill)

 Private Limited Company Registration Package Includes:
• 2-Digital Signature Certificate (DSC)
2-Director Identification Number (DIN)
• Company Name Approval by Ministry
• Memorandum of Association (MoA) &
Articles of Association (AoA)
• Registration Certificate
• Permanent Account Number (PAN)
• Tax Account Number (TAN)
HG corporates can help you with your company registration. They register your company in less than 10 days,
What is the procedure to register a startup company in India and how much will it cost?
 What is a private limited company?
Private limited company is a perfect start for anyone who wants to start their business to give it a separate legal identity. Private limited company can be formed with ease and its procedural compliance are also easy when compared to that of a public company.

 ADVANTAGES
A private limited company can be started off with just two members who will be the shareholders and directors.
A company enjoys separate legal identity unlike partnership firms.
Minimum capital required to incorporate a private limited company is one lakh.
Personal assets of the shareholders will not be at risk, in the event of the company facing financial distress.
A company enjoys perpetual existence unlike other forms of business i.e., the company continues to exist irrespective of the status of the owner.

 Procedure for Registration
With the introduction of form INC29, establishing a company is much easier and less time consuming.
Digital signature for at least one director is required.
If any director already possess DIN it can be used. Else, application for DIN can be made in INC 29.
Memorandum and Articles of Association should be drafted
Affidavit and declaration by first subscribers and Directors should be prepared
Duly filled INC29 should be filed with the ROC for incorporating the company stating the proposed name of the company which meets the requirements, along with the following requirements.
• MOA.
• AOA.
• Affidavit.
• Proof for registered office address along with utility bill.
• Once the application is duly filed and accepted by ROC, certificate of incorporation is issued and the company is all set to start it’s operations.

By |October 28th, 2017|Lawyers For Company Registration Process|0 Comments

Advocates For Company Registration Process

Company Registration Process

There are 5 types of companies that can be registered in India
• Sole Proprietorship Firm
• Partnership Firm
• One Person Company
• Limited Liability Partnership
• Private Limited Company

1. Sole Proprietorship Firm
A sole proprietorship business is where a single individual runs the business. There is no separation between the legal identities of the business and the businessman. In other words, business debts are the businessman’s own debts. His liability is unlimited and he is personally responsible to bear all losses of the business.
 Following are some essential features of a sole-proprietorship:
• Easy to form
• One person ownership
• Unlimited liability
• No separation between business and business owner
• Freedom of decision making
• Secrecy.
• Tax benefits.
• Business exists as long as the owner does.

 Registration of Sole Proprietorship Firm
There is no formal process for registering a Sole-proprietorship in India. Therefore, the existence of a sole proprietorship business can be established only through opening a bank account in the name of the proprietorship firm or obtaining licenses required for conducting the business under various other acts such as:
• Shops and Establishments, for the premises.
• FSSAI License Food License, if you are thinking to start food truck, restaurants, food joints, food item or consumable item packaging, food item or cosumable item delivery etc.
• GST Registration It is a mandatory for all Business or Professional entities with turnover exceeding INR 20 lakhs are required to obtain Goods & Services Tax (GST) registration compliance
• Trade License, issued by the municipal corporation of a city, allows a business owner to carry on an activity or manufacture or exchange of any commodity.
• Import Export Code (IEC), if you want to import or export.

However, please note that you don’t need to register under all these acts. The kind of registration will depend upon a) type of your business b) expected annual turnover and c) location.

2. Partnership Firm
A partnership firm is a business structure in which two or more individuals manage and operate a business in accordance with the terms and objectives set out in a Partnership Deed. All the partners have unlimited liability, which means they are personally liable for the debts of the business.
 Following are some essential features of a Partnership:
• Aim is to share profits and not losses.
• Losses, if any, will be borne by partners in their profit sharing ratio.
• Only persons who are competent to contract# can form a partnership.
• A minor cannot be a partner in a partnership. But, he is allowed to share the profits from a partnership business.
• No partner is allowed to transfer his share in partnership to any other person without the consent of all the other partners.
• There is a presumption of utmost good faith between partners.
• Every partner contributes to the business in some form or the other. It may be in the form of time, money, skills and/or goodwill.

 Registration of Partnership Firm:
A partnership firm can be registered whether at the time of its formation or even subsequently. You need to file an application with the Registrar of Firms of the area in which your business is located.
 Ensure that the following documents and prescribed fees are enclosed with the registration application :
• Application for Registration in the prescribed Form – I
• Duly filled Specimen of Affidavit
• Certified copy of the Partnership deed
• Proof of ownership of the place of business or the rental/lease agreement.

 Application for partnership registration should include the following information:
• Name of your firm
• Name of the place where business is carried on
• Names of any other place where business is carried on
• Date of partners joining the firm
• Full name and permanent address of partners.
• Duration of the firm
• Every partner needs to verify and sign the application

Once the Registrar of Firms is satisfied that the application procedure has been duly complied with, he shall record an entry of the statement in the Register of Firms and issue a Certificate of Registration.

3. One Person Company
The concept of One Person Company (OPC) was introduced by the Companies Act of 2013. It is a cross or hybrid between the sole proprietorship and company forms of business and combines the best features of both. As the name suggests, it allows a single individual to form a company. It combines the freedom of a sole proprietorship business with the limited liability and various other benefits that come with operating as a company.
 Following are some essential features of a One Person Company:
• Any natural person can form a company. i.e. an individual
• The person must be an Indian citizen or a person who is resident in India
• Such person will be the shareholder and member of the company. No other shareholder is required.
• Such shareholder must nominate a person to act as his nominee to act as the shareholder/member in the event of his/her death incapacity.
• Consent must be obtained from a person before designating him/her as the nominee.
• An OPC must have a minimum of one director.
• The person forming the company may also act as the director.
• Such company can only be incorporated as a private company.
• It may be a company limited by shares, by guarantee, or an unlimited company.
• Minimum capital requirements are the same as applicable to a private company i.e. INR One (1) Lakh.

4. Limited Liability Partnership
An LLP is a unique mode of doing business which offers a combination of the flexibility of a partnership and limited liability of a company. It is governed by the Limited Liability Partnership Act, 2008. An LLP is the most preferred route taken by startups to incorporate their business.
 Following are some essential features of a LLP:
• It is a corporate body.
• It is a legal person separate from its partners.
• All the partners have limited liability.
• It provides perpetual succession to the business.
• Requires at least two partners and at least two individuals as designated partners.
• At least one designated partner must be a resident of India.
• Winding up may be voluntary or may be initiated by a tribunal/High Court.
• The Indian Partnership Act does not apply to an LLP.
• The Central Government is allowed to apply provisions of Companies Act to an LLP.

5. Private Limited Company
Generically defined, a private company would be an association of persons who share a common purpose and pool their resources in order to achieve that purpose.
As per The Companies Act, 2013, a minimum of two persons can form a private company.

 Following are some essential features of a Private Limited Company:

• Huge capital
• Raise capital from angel investors, venture funds etc.
• Maximum number of members is 200 for private company.
• Limited Liability of all the members.
• Separate Legal Entity
• The memorandum must state the word ‘private limited’ with the name of the company.
• Minimum number of directors is 2 for a private company.
• Right to transfer shares is restricted in the case of a private company.
• The minimum capital requirement of INR 1 lakh for private companies
• Use of common seal is optional.

 Private Limited Company – The most successful business type.
In a private company, the business owners hold all shares of the company privately. Shareholders may operate the business themselves, or hire directors to manage the company on their behalf. Registering a private limited company results in protection of personal assets, access to more resources, financial assistance and greater credibility.
 Limited Liability Partnership (LLP) – A corporate form of Partnership
It exhibits elements of both partnership and corporation. In LLP, one partner is not responsible or liable for another partner’s misconduct or negligence unlike a traditional partnership in which each partner has joint and several liability.
All these three forms of business have the feature if Limited Liability and Separate Legal Entity, ie, the members or partners have no personal liability. Yet, they are different from each other in various aspects.
 One Person Company (OPC) – A corporate form of Proprietorship.
One Person Company (OPC) has been recently introduced in India to promote business enterprises that are owned and managed by a single Entrepreneur. OPC allows for a single individual to own and manage the business. One Person Company is therefore a viable option for those looking to start an unregistered Proprietorship.
 Documents required for Private Limited Company Registration
For Directors/Shareholders
• One Photograph.
• Copy of PAN Card.
• Copy of Address proof – Aadhaar Card/Driving License/Passport/Voter ID.
• Copy of Bank Statement/Mobile Phone/Landline Telephone Bill.
• Copy of Aadhaar Card.

For Company Address
• Proof of Registered Address – Sale Deed/Rental Agreement
• Copy of Utility bill – Electricity/Landline telephone/Gas Bill – not older than two months.
• No Objection Certificate for use of premises, if required

It usually takes 15-20 days to Register a Private Limited Company through SPICe INC-32 (A single application for Reservation of Name, Incorporation of Company and Allotment of DIN), subject to ROC processing time.
These are four major steps:
• Acquiring Digital Signature Certificate(DSC)
• Acquiring Director Identification Number(DIN)
• Filing an eForm or New user registration
• Incorporate the company

It’s necessary to get registered yourself to run your business without any legal problem. India is a land of opportunity, no matter in which field your business is operating the chances of getting success is very high, so it just needs a start. starting an entrepreneurship in India would fetch you great success. fallow this post sincerely till you incorporate your final claim for your company. We assure one will end up in getting their business registered after following this procedure.
Private company may have two directors, but a public company must have at least three directors.

 Lets start the registration procedure: 4 Steps
Step 1: Acquire Director Identification Number (DIN)
This is the first process in registration that each director of the company should obtain their identification number. As per the amendment act 2006, acquiring a DIN is compulsory for every director i.e. as such every existing and intending directors have to obtain their DIN. To get DIN one need to file a eForm DIN-1. The DIN-1 form is available on Official site of the ministry of corporate affairs the link is DIN-1 Form.
• Register yourself on MCA Website first and have a login id. After filling DIN-1 Form, one should upload the filled form by clicking to eForm upload button on MCA website and should pay applicable fees.
• After getting generated DIN one should intimate their company about DIN. The director can intimate their company about DIN by using DIN-2 Form.
• Then company should intimate the Registrar of Corporates(ROC) about all director’s DIN through DIN-3 Form.
• If there is any change in DIN or need for any updation like change of address, personal details etc, then director should intimate this change by submitting the eForm DIN-4 Form.

Step 2: Acquire Digital Signature Certificate(DSC):
In order to ensure the security or authenticity of documents filed electronically the information act 200o demands a valid digital signature on the documents submitted electronically. This is the only and safest way that one can submit their documents electronically. The digital signature certificate should be acquired by only those agencies which are appointed by the controller of certification agencies (CCA). One should not use DSC given by any other agency which is not approved and it’s illegal to use others DSC as yours or the false one.
If you already have a digital signature then you can use the same, no need to apply for another. But do check for your digital signature validity, agencies issue DSC’s with one or two year validity after expiry you have to renew it.
One can acquire his/her Digital Signature certificates from these government listed agencies like TCS, IDBRT, MTNL, SAFESCRYPT, NIC, NCODE Solutions etc. to check out their price details of these Govt approved agencies, Go to this link.

Step 3: Create a account on MCA Portal – New user registration
This is about having a registered user account on MCA Portal for filing a eForm, for online fee payment, for different transactions as registered and business user. Creating an account is totally free of cost. To register yourself on the MCA portal, click on the register link.

Step 4: Apply for the company to be registered.
This is the final major step in a registration of your company which includes incorporating company name, Registering the office address or notice of situation of office and notice for appointment of company directors, manager and secretary. And also regarding the take and pay for their qualification shares.
• Form-1:Form-1A: Application form for availability or change of a company name. Once you apply for new company name, the MCA will suggest four different form of your company name; you have to choose one among them. To do the same you have you have to fill Form-1A and submit.Form-1: This is for application or declaration for incorporation of a company, in this form you have to fill the same name which you have chosen during application of form-1A.
• Form-18:This form is for notice of the situation of a new company office or change of situation of previously registered office.For a new company you have to fill the form with genuine office address and submit.
• Form-32:For a new company, this form is for notice for appointment of new Directors, Managers and Secretary. For an existing company, this form is for a change of directors, Manger, Secretary or company head.

After submitting these forms, once the application has been approved by MCA, you will receive a confirmation email regarding the application for incorporation of a new company, and the status of the form will get changed to Approved.

 Detailed procedure for approval of the proposed company name:
For obtaining name for your new company, An application in Form-1A needs to be filed with the Registrar of Companies (ROC) of the state in which the Registered Office of the proposed Company is to be situated to ascertain the availability of a name along with an official service fee of Rs.500/-.
You have to provide four alternative names for the proposed company. Your company name shall not resemble the name of any other company already registered or violate the provisions according to Act, 1950.
In this form you have to fill name and addresses of directors (minimum 2 for a private company and 7 for a public company). You have to mention main objects of the company and authorized capital.
In about 10 days, the ROC will inform you about approval or objections. If there are any objections then ROC will suggest you with some available names and let you choose among them. If your company name is approved then you will receive a formal letter regarding the confirmation of the same. Keep the same which will be required during registration process of the proposed company.
If you find any difficulty or encounter any problem while obtaining the company name then do contact us, We will help you to sort out your problem.
 Check these documents before submission of a company:
1. DIN of all those directors of a proposed company.
2. DSC – Digital Signature Certificate
3. Original copy the of formal letter issued by ROC regarding availability of Company name.
4. Form-1 for incorporation of a company.
5. Form-18 for situation or address of the proposed company.
6. Form-32 for particulars of proposed directors, managers and secretary.

 Formalities to be followed while incorporation of a company:
1. Obtain a TAN card
2. Obtain a Permanent account number (PAN) from income tax dept. India
3. If required: Documents obeying shop and establishment acts.
4. If required: For foreign trade, Registration documents of import export code from Director General of foreign trade.
5. If required: Registration documents of Software technologies Parks of India (STPI).
6. If required: RBI approval for foreign companies investing in India and FIPB approval.
7. Both Indian and foreign directors need to have valid Digital Signature Certificates from authorized agencies.

 Company Registration Process:
1.DSC (Digital Signature Certificate).
All Propose directors of the private limited Company should have a digital signature and digital signature will use to file the registration, ROC compliance forms, and Tax returns.
2.Director Identification No (DIN).
When a Digital signature is approved, and you will get an approval email from the Registrar of companies that you are now eligible to be a director of a company. It takes one working days to approve DIN.
3. Company Name Approval.
After a Trademark search, we will proceed to file a Name approval application to ROC on your behalf.
4.Final Incorporation & CIN.
After Name approval from the Registrar of Companies, we will file final incorporation e-form with all supporting documents like registered address proof, Declaration from directors. Registrar of companies takes 3 working days to complete the approval process of a company.
 Documents Required
From All Directors And Shareholder.
• PAN Card or Passport or Election ID Card.
• Latest Bank Statement/Telephone or Mobile Bill.
• Voter’s ID/Passport/Driver’s License.
• Passport-sized photograph of all directors and shareholder.
• Scan copy of Signature (signature should same as on PAN Card).

 Registration Procedure
A private limited company is the most common form of business entity in India. It is easy to maintain and raise funds, offers limited liability to its members, offer flexibility, easy bank loan accessibility. Read Advantages of Private Limited Company. Following are the steps involved in the registration of private limited company.

Basic requirement
There must be at least 2 members in the company.
The company shall be made for legal business and must not harm the society. The company object should not be illegal.
In case, if the registrar issue the certificate of incorporation to such business entity , then certificate will be void and registration will be itself cancelled by the Central Government and appropriate proceeding will take place against the entity and the Registrar.
Read in detail Pre-Requisites for Registration of Private Limited Company
Step 1: Obtaining Director Identification Number (DIN) & Digital Signature
The First step is
1. Obtaining Director Identification Number (DIN) for the proposed Directors in the Company
2. Obtaining Digital Signature for one of the Directors of Company.

After this, application for name of Private Limited Company must be applied.
Step 2: Applying for the name
The promoters should propose one or more suitable name for the name of company as it offers the flexibility and choice to registrar to select the name in case some names are identical or similar to registered business entities or trademark.
1. The name should not be similar or identical to any registered company or trademark.
2. The name should not be one prohibited under the ‘Emblems and names Act, 1950’.
3. The name of company must have suffix “Private limited Company”.

After submission of name, registrar will review and approve one of the name .It usually takes 3 to 5 working days to approve the name for company .
Read tips for Choosing the right name for your company registration for easy approval of name by ROC.
Step 3: Filing for Incorporation of Private Limited Company
After the name approval, promoters should submit the application, prescribed fees and below said following documents to the registrar.
1. Articles of Association, if any.
2. Memorandum of Association.
3. Declaration from Directors.
4. Affidavits of the Directors.

A declaration stating that the requirements of the Act and the rules framed there under have been compiled with. This declaration is required to be signed by an advocate of the or Supreme Court or an attorney or a pleader having the right to appear before or a High Court or a Chartered Accountant in whole time practice in India who is engaged in the formation of a company, or by a person named in the Articles as a Director, Manager or Secretary of the Company.
Besides the aforementioned documents, the company must provide relevant information regarding of its registered office within 15 days of registration or during filing of incorporation documents.
Step 4: Subscribing to the Private Limited Company
As per the Companies Act 2013, a subscriber must sign their names and must be subscribed to the shares of the company incorporated. It means each subscriber must have at least one share of the company. Each subscriber should sign the memorandum in presence of at least one witness and must clearly state the following:
1. Address
2. Personal Description
3. Occupation
4. No of shares subscribed
5. Nature of shares etc.

Likewise both (Article and Memorandum of association) must be duly signed and stamped.

Step 5: Certificate of Incorporation
After filing the above-mentioned documents and payment of necessary fees, the certificate for Company incorporation would be issued by the Registrar of Companies. Upon Incorporation, the company becomes a legal person separate from its members.
The process to register a private limited is complex and time-consuming. Our team atLegalRaasta can help startups and Entrepreneurs Register Private Limited Company in 14-15 days @ 13,999/- only (inclusive of government fee) saving 40% compared to typical CA/CS.
Registering new business in India, some official procedures a company has to follow in order to register them in Indian official records, MCA (ministry of Corporate Affairs) has to made registration process online few years back.
The registration includes some must follow rules and some registration like Digital Signature Certificate (DSC), Director Identity Number (DIN), Filing an eForm or New user registration and Incorporate the company.

1. A private limited company should have a minimum capital of Rs 1 lac. The registration fee and stamp duty depends on the capital of the company and the state in which the company is registered. The company name should reflect the business objects of the company. It should be such that it does not resemble the name of any existing companies. If the proposed names resemble any existing business entity, the Registrar of companies may reject the name application.

2. Partnership firms are not a separate legal entity; hence the partners and the partnership firm are the same. However, for income tax purposes, partnership firms are treated as a separate entity and hence need to obtain PAN from the income tax dept and file income tax returns.

3. Only a natural person can form a One Person Company. A private company or an LLP can NOT start an OPC. The member should also be a resident on India.

For more details on registering Pvt ltd,Partnership,NGO,Trust,Sole Proprietorship firm contact
HG Corporates, hgcorporates.com
To Register a Startup company in India you’ll need to take help of professional & licensed company registration service providers like us.
 Procedures for Private Limited Company Registration:
Minimum Requirements for Private Limited Company Registration
• Minimum 2 Directors (The directors and shareholders can be same person)
• Minimum 2 Shareholders.
• No Minimum Capital Required.

 Documents Required For Private Limited Company Registration:
1. Colour PP Photograph.
2. PAN Card – Self Attested.
3. Identity Proof – Any One Self Attested.
(Driving License / Passport / Aadhar Card / Voter ID Card).

4. Address Proof – Any One Self Attested.
(Latest Bank Statement / Electricity Bill / Telephone Bill / Mobile bill).

Submit the documents to Licensed & Professional Company Registration service providers like HG Corporate Advisors.
Legal procedure for registering a company as Private Limited in India:
STEP 1 :Getting a Digital Signature & DIN:
In lay man’s language Digital Signature is a kind of password which authenticate the user.DIN refers to Director Identification Number; Anyone who is proposed to be a Director of the company needs to have a DIN.
STEP 2 : Name Availability Check & Application for Name Reservation/ Approval:
We will apply for Name Approval with the ROC. A maximum of 6 Names can be provided for Name approval.
STEP 3 : Drafting of Memorandum of Association (MOA) & Article of Association (AOA). , Filing & Uploading of Incorporation Forms:
• We consult with you and draft your Memorandum of Association & Article of Association for your kind perusal so that your Company is incorporated with the best drafted Memorandum & Articles.
• Form 1 has been replaced with Form INC-7: For Application of Incorporation of Company.
• Documents Required: Memorandum of Association (To be prepared by us.
• Article of Association (To be prepared by us).
• Affidavit from Subscriber (Non Acceptance of Public Deposit – Format to be provided by us).
• Id Proof of Subscriber (/Passport/Voter Id/Aadhar/Driving License – Any ONE).
• Residential Proof of Subscriber (Latest Bank Statement/Latest Mobile Bill/Latest Telephone Bill / Latest Electricity Bill).
• INC 9 & INC 10 as attachment in Notarized Stamp-paper (Format shall be provided by us).

STEP 4 : Company Address Form 22 for situation of Office Address
STEP 5 : DIR-12 for information regarding the Directors:
Declaration by Director (Format to be provided by us). Consent Letter by Director (Format to be provided by us)
STEP 6 : Getting Incorporation Certificate:
After Uploading the Forms, generally within 3-7 working days, a Company Incorporation Certificate is received.
Private Limited Company Registration Package Includes:
• 2-Digital Signature Certificate (DSC).
• 2-Director Identification Number (DIN).
• Company Name Approval by Ministry.
• Memorandum of Association (MoA) &
• Articles of Association (AoA).
• Registration Certificate.
• Permanent Account Number (PAN).
• Tax Account Number (TAN).

A guide on how to register Startup or new business in India with documents needed, fees breakdown and time to complete company registration.
A startup is an energy booster for the Indian economy. Whether your startup is a sole proprietorship or a partnership business, it’s better to give your business a legal existence. The reason being, a registered company, can be closed down only by legal authorities in case of any unforeseen issues. Here we look at the steps to register a start-up or a new business in India.
The Ministry of Corporate Affairs has made it convenient for the new startups by introducing the online registration. In May 2015, Ministry of Corporate Affairs introduced a five-in-one form to make the process of registration easier. The new form known as Integrated Incorporation Form INC-29 will require you to fill only one form instead of the tedious process of filling out eight forms. An advantage of the new form is that it reduces the interaction with the authorities at the various levels.
Now you can register your new business from the comfort of your home. There are four steps that you need to do follow.
 Apply for Director Identification Number(DIN)
The first and foremost process is to the registration of the company directors. You should create a login id in the Legal Raasta website.
A nominal amount of Rs 500 for DIN will be charged and normally it takes a day to get this number.
 Acquire Digital Signature Certificate (DSC)
This is important to ensure the authenticity of the documents that you file electronically. Also, understand that the digital signature certificate should be authenticated by the agencies appointed by the controller of certificate agencies.
You would have to pay a nominal amount Rs 1299/-. It will get at least four days to get the certificate.

 Approval of the company name and certificate of Incorporation
The company name will be approved by Registrar of Company (ROC). Once the name is approved by ROC apply for the Certificate of Incorporation. This is done by filling out Form 1, Form 18 and Form 32.
You would have to pay Rs 1000/- for the approval of the name and the Certificate of Incorporation, the amount can be anywhere between Rs 1000 to 4000.
The name approval will take at least two days while the certificate of incorporation will take a week.
The following documents that have to be attached to Form 1 while applying for the certificate of Incorporation.
• Signed copy of the Memorandum of Association (MOA).
• Signed copies of Articles of Association (AOA).

The power of Attorney from the various subscribers on judicial stamp paper worth Rs 100 and finally, the identification of the subscribers.
 Apply for Permanent Account Number and Tax Account Number for the registered company
The PAN card can be obtained from Income Tax Department, India by paying a nominal amount of INR 94. You can apply for the TAN card by visiting the website TIN. You will be charged INR 62.
The total time span to obtain these is seven days.
The other formalities that you can go about during this period include getting a rubber stamp of the company, registering for VAT and professional tax, employees provident fund and health insurance and so on.
 Procedures for Private Limited Company Registration:
STEP 1 :Getting a Digital Signature & DIN:
In lay man’s language Digital Signature is a kind of password which authenticate the user.DIN refers to Director Identification Number; Anyone who is proposed to be a Director of the company needs to have a DIN.
STEP 2 : Name Availability Check & Application for Name Reservation/ Approval:
HG will apply for Name Approval with the ROC. A maximum of 6 Names can be provided for Name approval.
STEP 3 : Drafting of Memorandum of Association (MOA) & Article of Association (AOA). , Filing & Uploading of Incorporation Forms:
• HG Corporate Advisors consults with you and draft your Memorandum of Association & Article of Association for your kind perusal so that your Company is incorporated with the best drafted Memorandum & Articles.
• Form 1 has been replaced with Form INC-7: For Application of Incorporation of Company.
• Documents Required: Memorandum of Association (To be prepared by HG)
• Article of Association (To be prepared by HG)
• Affidavit from Subscriber (Non Acceptance of Public Deposit – Format to be provided by HG)
• Id Proof of Subscriber (/Passport/Voter Id/Aadhar/Driving License – Any ONE)
• Residential Proof of Subscriber (Latest Bank Statement/Latest Mobile Bill/Latest Telephone Bill / Latest Electricity Bill)
• INC 9 & INC 10 as attachment in Notarized Stamp-paper (Format shall be provided by HG)

STEP 4 : Company Address Form 22 for situation of Office Address
STEP 5 : DIR-12 for information regarding the Directors:
Declaration by Director (Format to be provided by us). Consent Letter by Director (Format to be provided by HG)
STEP 6 : Getting Incorporation Certificate:
After Uploading the Forms, generally within 3-7 working days, a Company Incorporation Certificate is received.
 Minimum Requirements for Private Limited Company Registration
• Minimum 2 Shareholders
• Minimum 2 Directors(The directors and shareholders can be same person
• No Minimum Capital Required
• DIN (Director Identification Number) for all the Directors
• DSC (Digital Signature Certificate) for all the Directors
• Registered Office (You can operate from your residential address. Private Limited can be Registered using your Home address.
You don’t need to invest initially in office setup.)

 Documents Required For Private Limited Company Registration:
1. Colour PP Photograph
2. PAN Card – Self Attested
3. Identity Proof – Any One Self Attested
(Driving License / Passport / Aadhar Card / Voter ID Card)
4. Address Proof – Any One Self Attested
(Latest Bank Statement / Electricity Bill / Telephone Bill / Mobile bill)

 Private Limited Company Registration Package Includes:
• 2-Digital Signature Certificate (DSC)
2-Director Identification Number (DIN)
• Company Name Approval by Ministry
• Memorandum of Association (MoA) &
Articles of Association (AoA)
• Registration Certificate
• Permanent Account Number (PAN)
• Tax Account Number (TAN)
HG corporates can help you with your company registration. They register your company in less than 10 days,
What is the procedure to register a startup company in India and how much will it cost?
 What is a private limited company?
Private limited company is a perfect start for anyone who wants to start their business to give it a separate legal identity. Private limited company can be formed with ease and its procedural compliance are also easy when compared to that of a public company.

 ADVANTAGES
A private limited company can be started off with just two members who will be the shareholders and directors.
A company enjoys separate legal identity unlike partnership firms.
Minimum capital required to incorporate a private limited company is one lakh.
Personal assets of the shareholders will not be at risk, in the event of the company facing financial distress.
A company enjoys perpetual existence unlike other forms of business i.e., the company continues to exist irrespective of the status of the owner.

 Procedure for Registration
With the introduction of form INC29, establishing a company is much easier and less time consuming.
Digital signature for at least one director is required.
If any director already possess DIN it can be used. Else, application for DIN can be made in INC 29.
Memorandum and Articles of Association should be drafted
Affidavit and declaration by first subscribers and Directors should be prepared
Duly filled INC29 should be filed with the ROC for incorporating the company stating the proposed name of the company which meets the requirements, along with the following requirements.
• MOA.
• AOA.
• Affidavit.
• Proof for registered office address along with utility bill.
• Once the application is duly filed and accepted by ROC, certificate of incorporation is issued and the company is all set to start it’s operations.

By |October 28th, 2017|Advocates For Company Registration Process|0 Comments

lawyers for divorce in pune

Divorce under Hindu Marriage Act

Under the old Hindu laws, divorce was viewed as forbidden and was not talked about as freely as it is spoken out today, but with the codification of the laws the provision of divorce were laid down The provision of “Divorce” has been dealt with under the Hindu Marriage Act, 1955 as being a true blue method whereby both the parties to the marriage, decide to break all the promises or vows taken at the time of marriage. All Hindus, Buddhist, Jains or Sikhs are covered under the divorce provisions of the act.

Grounds for Divorce
The following grounds can be invoked for securing a divorce under the act:

Adultery: During the period of marriage, if either spouse maintains sexual relations with a person other than his or her lawfully wedded companion.
1. Cruelty: After the marriage, subjecting the petitioner to cruelty.
2. Desertion: If either one of the parties to the marriage deserts the other for a consistent span of at least two years , prior to the filing of the petition by the other party.
3. Conversion to another religion by either party other than Hinduism
4. Mental Disorder: If the spouse of the petitioner suffers from any unsoundness of mind, mental illness or disorder that cannot be cured, then the petitioner can file for divorce
5. Virulent and Incurable Disease: in the form of leprosy.
6. Venerable Disease in Communicable form.
7. The renunciation of the world or entered any religious order.
8. Not heard being alive for a period of seven years or more.

Additional Grounds for Dissolution of the Marriage by the Wife
Under the act, the wife is entitled to seek divorce from her husband on the following grounds:
1. Where the husband has another living wife from his previous subsisting marriage, before the commencement of the act.
2. Post the marriage, the husband was found guilty of rape, sodomy or bestiality.
3. Where the wife was awarded an order or decree for maintenance under section 18 of the Hindu Adoption and Maintenance Act, 1956 or under section 125 of the Code of Criminal Procedure, 1975, by the court, in spite of the fact that she was living apart from her husband even before the passage of such decree or order. The conjugal relations between the parties failed to resume within one year or more, even after the passage of this order.
4. The marriage was performed before the attainment of 15 years of age by the wife, and on completion of 15 years and not before 18 years of age, the wife rejected the marriage Under the Hindu Marriage Act, 1955, a divorce petition can be filed by the parties only after the passage of one year from the marriage date.

The Irretrievable breakdown of Marriage
The Marriage Laws (Amendment) Bill, 2010 incorporated another ground for seeking divorce, namely the ‘Irretrievable breakdown of marriage’ under the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954. As the term suggests, it leads to a situation whereby, either or both the parties to the marriage fine it impossible to peacefully cohabit with each other, due to personality’s clashes, differences in opinion and have lived separately from each other for a long period of time and are no longer too eager to further carry on their matrimonial relationship.

Section 13B in the Hindu Marriage Act, 1955
*13B DIVORCE BY MUTUAL CONSENT —

(1) Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976 (68 of 1976)*, on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.

(2) On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree.]

(i) The period of 6 to 18 months provided in section 13B is a period of interregnum which is intended to give time and opportunity to the parties to reflect on their move. In this transitional period the parties or either of them may have second thoughts; Suman v. Surendra Kumar, AIR 2003 Raj 155.

(ii) The period of living separately for one year must be immediately preceding the presentation of petition. The expression ‘living separately’ connotes not living like husband and wife. It has no reference to the place of living. The parties may live under the same roof and yet they may not be living as husband and wife. The parties should have no desire to perform marital obligations; Sureshta Devi v. Om Prakash, AIR 1992 SC 1904.

(iii) The period of six to eighteen months time is given in divorce by mutual consent as to give time and opportunity to the parties to reflect on their move and seek advice from relations and friends. Mutual consent should continue till the divorce decree is passed. The court should be satisfied about the bona fides and consent of the parties. If there is no consent at the time of enquiry the court gets no jurisdiction to make a decree for divorce. If the court is held to have the power to make a decree solely based on the initial petition, it negates the whole idea of mutuality. There can be unilateral withdrawal of consent. Held, that since consent of the wife was obtained by fraud and wife was not willing to consent, there could be unilateral withdrawal, of consent; Sureshta Devi v. Om Prakash, AIR 1992 SC 1904.

*PROCEDURE FOR MUTUAL CONSENT DIVORCE
Mutual Consent Divorce was brought by the India Parliament vide Amendment in the year 1976 in the Hindu Marriage Act.
As per law, duration/time of obtaining mutual consent divorce is six months. Although, parties have option of filing the second motion petition any time between six months and eighteen months from the date of the filing of the Mutual Consent Divorce Petition.
As a mutual consent divorce lawyers, we “VED LEGAL” provide platform to parties to discuss these issues in calm atmosphere and reach to their own solutions. We provide different options using our vast experience in the field to resolve issues affecting the chances of settlement.
Petition for mutual consent divorce can be filed at any of the following place:-

• Place where marriage had taken place
• Place where husband and wife last resided together.
• Place where wife is residing at the time of filing of the Petition

Once petition for divorce by mutual consent is filed, parties presence are required in the Court for recording of the statement. In the event one of the party is unable to come, such party can appear through power of attorney. Such power of attorney preferably should be a family member of the spouse. Once statement is recorded, it is commonly called First Motion has been granted.
After passing of first motion, parties are called upon to wait for six months period before moving Petition for second motion. This period is extendible unto eighteen months. This six months period in mutual consent divorce is generally called cooling-off period. Six months period are given to parties to think over their relationship again. It is given for reconciliation.
After six months period, if parties have been unable to resolve their differences, they will have to appear in the Court again. Statement of parties would be recorded again.

During the period of six months i.e. before moving second motion, both parties have liberty to withdraw their consent for divorce.
After this Court passes an order dissolving the marriage by granting decree of divorce and thereby marriage stands dissolved.

*DIVORCE LAWS

vary from religion to religion in a country with a rich cultural diversity like India. Hindus(which includes Sikh, Jain, Budh) are governed by Hindu Marriage Act,1955. Christians are governed by Indian Divorce Act-1869 & The Indian Christian Marriage Act,1872. Muslims are governed by Personnel laws of Divorce and also the Dissolution of Marriage Act,1939 & The Muslim Women(Protection of Rights on Divorce) Act,1986. Similarly, Parsis are governed by The Parsi Marriage & Divorce Act-1936. And there is also a secular law called Special Marriage Act,1954. A cursory reading of the entire gamut of Indian Laws regarding Divorce makes it clear broadly that the Divorce can be obtained by two ways:

1. Divorce by Mutual Consent

Mutual Consent Divorce is a simple way of coming out of the marriage and dissolves it legally. An important requirement is the mutual consent of the husband & wife. There are two aspects on which Husband & Wife are required to reach a consensus. One is the alimony or maintenance issues. As per Law, there is no minimum or maximum limit of maintenance. It could be any figure or no figure. Next important consideration is the Child Custody. This can also be worked out effectively between the parties. Child Custody in Mutual Consent Divorce can be shared or joint or exclusive depending upon the understanding of the spouses. Duration of Divorce in Mutual Consent varies from one month to six months or more from States to States and as per the High Court directions.

2. Contested Divorce

As the name suggests, you will have to contest it. Indian laws, in general, recognizes cruelty (Physical & Mental), Desertion (Period varies from 2 to 3 years), Unsoundness of mind( of Incurable form), Impotency, renouncing the world, etc. The aggrieved party has to take one of the above grounds for divorce and will have to file the case in the Court of appropriate jurisdiction. Party which files the case has to prove the case with the support of evidence and documents. On successfully proving the case, divorce will be granted and divorce decree will be drawn up accordingly.

ANNULMENT OF MARRIAGE:

Marriage in India can also be dissolved by means of Annulment. Procedure for annulment is same as that of Divorce except that the grounds for annulment are different than that of divorce. Grounds for annulment are fraud, pregnancy of wife by a person other than the husband, impotency prior to the marriage and subsist even at the time of filing the case. Once an annulment is granted by the Indian Court, the status of the parties remains as it was prior to the marriage.

VOID MARRIAGE:

There are certain forms of marriages which are null and void despite the performance /solemnization of the same. Marriage is void under following circumstances:-

a) neither party has a spouse living at the time of the marriage

b) the parties are not within the degrees of prohibited relationship, unless the custom or usage governing each of them permits of a marriage between the two;

c) the parties are not sapindas of each other unless the custom or usage governing each of them permits of a marriage between the two.

The time duration for obtaining divorce varies from case to case & place to place. Generally speaking, contested divorce proceedings take approximately 18 to 24 months. Mutual Consent Divorce varies from 4 weeks to 7 months and more. In Delhi, Mutual Consent Divorce is possible within two to four weeks. Generally speaking procedure for obtaining Divorce in all forms of law (based on religion) is same with only a mild variation.
For More information please contact us:

Consultants for Housing Co-operative Society in Pune
Ved Legal
Email: [email protected] / [email protected]
Mobile: +91 9763040088

*DIVORCE BY MUTUAL CONSENT

Mutual Consent Divorce was brought by the India Parliament vide Amendment in the year 1976 in the Hindu Marriage Act.
Divorce by Mutual Consent means when both Husband and wife has agreed amicably amongst themselves that they cannot live together anymore and that the best solution is to Divorce, without putting forth any allegations against each other, in the court of law, than such a Divorce petition presented jointly before the honorably court, is known as mutual consent Divorce.

It is the quickest form of divorce in India. The Conditions required under Section 13B of the Hindu Marriage Act are as follows:
(i) Husband and wife have been living separately for a period of one year or more,
(ii) That they are unable to live together,
(iii) And that both husband and wife have mutually agreed that the marriage has totally collapsed, hence marriage should be dissolved.

As per law, duration/time of obtaining mutual consent divorce is six months. Although, parties have option of filing the second motion petition any time between six months and eighteen months from the date of the filing of the Mutual Consent Divorce Petition.

PETITION FOR MUTUAL CONSENT DIVORCE CAN BE FILED AT ANY OF THE FOLLOWING PLACE:-
• Place where marriage had taken place
• Place where husband and wife last resided together.
• Place where wife is residing at the time of filing of the Petition

Once petition for divorce by mutual consent is filed, party’s presences are required in the Court for recording of the statement. In the event one of the party is unable to come, such party can appear through power of attorney. Such power of attorney preferably should be a family member of the spouse. Once statement is recorded, it is commonly called First Motion has been granted.
After passing of first motion, parties are called upon to wait for six months period before moving Petition for second motion. This period is extendible unto eighteen months. This six months period in mutual consent divorce is generally called cooling-off period. Six months period are given to parties to think their relationship again. It is given for reconciliation.
After six months period, if parties have been unable to resolve their differences, they will have to appear in the Court again. Statement of parties would be recorded again.

During the period of six months i.e. before moving second motion, both parties have liberty to withdraw their consent for divorce.
After this Court passes an order dissolving the marriage by granting decree of divorce and thereby marriage stands dissolved.

ADVANTAGES OF MUTUAL DIVORCE
Divorce by Mutual consent saves time, money and energy for both, Leaves no room for unnecessary quarrel.

By |October 28th, 2017|lawyers for divorce in pune|0 Comments

Divorce Laws In Pune

Divorce under Hindu Marriage Act

Under the old Hindu laws, divorce was viewed as forbidden and was not talked about as freely as it is spoken out today, but with the codification of the laws the provision of divorce were laid down The provision of “Divorce” has been dealt with under the Hindu Marriage Act, 1955 as being a true blue method whereby both the parties to the marriage, decide to break all the promises or vows taken at the time of marriage. All Hindus, Buddhist, Jains or Sikhs are covered under the divorce provisions of the act.

Grounds for Divorce
The following grounds can be invoked for securing a divorce under the act:

Adultery: During the period of marriage, if either spouse maintains sexual relations with a person other than his or her lawfully wedded companion.
1. Cruelty: After the marriage, subjecting the petitioner to cruelty.
2. Desertion: If either one of the parties to the marriage deserts the other for a consistent span of at least two years , prior to the filing of the petition by the other party.
3. Conversion to another religion by either party other than Hinduism
4. Mental Disorder: If the spouse of the petitioner suffers from any unsoundness of mind, mental illness or disorder that cannot be cured, then the petitioner can file for divorce
5. Virulent and Incurable Disease: in the form of leprosy.
6. Venerable Disease in Communicable form.
7. The renunciation of the world or entered any religious order.
8. Not heard being alive for a period of seven years or more.

Additional Grounds for Dissolution of the Marriage by the Wife
Under the act, the wife is entitled to seek divorce from her husband on the following grounds:
1. Where the husband has another living wife from his previous subsisting marriage, before the commencement of the act.
2. Post the marriage, the husband was found guilty of rape, sodomy or bestiality.
3. Where the wife was awarded an order or decree for maintenance under section 18 of the Hindu Adoption and Maintenance Act, 1956 or under section 125 of the Code of Criminal Procedure, 1975, by the court, in spite of the fact that she was living apart from her husband even before the passage of such decree or order. The conjugal relations between the parties failed to resume within one year or more, even after the passage of this order.
4. The marriage was performed before the attainment of 15 years of age by the wife, and on completion of 15 years and not before 18 years of age, the wife rejected the marriage Under the Hindu Marriage Act, 1955, a divorce petition can be filed by the parties only after the passage of one year from the marriage date.

The Irretrievable breakdown of Marriage
The Marriage Laws (Amendment) Bill, 2010 incorporated another ground for seeking divorce, namely the ‘Irretrievable breakdown of marriage’ under the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954. As the term suggests, it leads to a situation whereby, either or both the parties to the marriage fine it impossible to peacefully cohabit with each other, due to personality’s clashes, differences in opinion and have lived separately from each other for a long period of time and are no longer too eager to further carry on their matrimonial relationship.

Section 13B in the Hindu Marriage Act, 1955
*13B DIVORCE BY MUTUAL CONSENT —

(1) Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976 (68 of 1976)*, on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.

(2) On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree.]

(i) The period of 6 to 18 months provided in section 13B is a period of interregnum which is intended to give time and opportunity to the parties to reflect on their move. In this transitional period the parties or either of them may have second thoughts; Suman v. Surendra Kumar, AIR 2003 Raj 155.

(ii) The period of living separately for one year must be immediately preceding the presentation of petition. The expression ‘living separately’ connotes not living like husband and wife. It has no reference to the place of living. The parties may live under the same roof and yet they may not be living as husband and wife. The parties should have no desire to perform marital obligations; Sureshta Devi v. Om Prakash, AIR 1992 SC 1904.

(iii) The period of six to eighteen months time is given in divorce by mutual consent as to give time and opportunity to the parties to reflect on their move and seek advice from relations and friends. Mutual consent should continue till the divorce decree is passed. The court should be satisfied about the bona fides and consent of the parties. If there is no consent at the time of enquiry the court gets no jurisdiction to make a decree for divorce. If the court is held to have the power to make a decree solely based on the initial petition, it negates the whole idea of mutuality. There can be unilateral withdrawal of consent. Held, that since consent of the wife was obtained by fraud and wife was not willing to consent, there could be unilateral withdrawal, of consent; Sureshta Devi v. Om Prakash, AIR 1992 SC 1904.

*PROCEDURE FOR MUTUAL CONSENT DIVORCE
Mutual Consent Divorce was brought by the India Parliament vide Amendment in the year 1976 in the Hindu Marriage Act.
As per law, duration/time of obtaining mutual consent divorce is six months. Although, parties have option of filing the second motion petition any time between six months and eighteen months from the date of the filing of the Mutual Consent Divorce Petition.
As a mutual consent divorce lawyers, we “VED LEGAL” provide platform to parties to discuss these issues in calm atmosphere and reach to their own solutions. We provide different options using our vast experience in the field to resolve issues affecting the chances of settlement.
Petition for mutual consent divorce can be filed at any of the following place:-

• Place where marriage had taken place
• Place where husband and wife last resided together.
• Place where wife is residing at the time of filing of the Petition

Once petition for divorce by mutual consent is filed, parties presence are required in the Court for recording of the statement. In the event one of the party is unable to come, such party can appear through power of attorney. Such power of attorney preferably should be a family member of the spouse. Once statement is recorded, it is commonly called First Motion has been granted.
After passing of first motion, parties are called upon to wait for six months period before moving Petition for second motion. This period is extendible unto eighteen months. This six months period in mutual consent divorce is generally called cooling-off period. Six months period are given to parties to think over their relationship again. It is given for reconciliation.
After six months period, if parties have been unable to resolve their differences, they will have to appear in the Court again. Statement of parties would be recorded again.

During the period of six months i.e. before moving second motion, both parties have liberty to withdraw their consent for divorce.
After this Court passes an order dissolving the marriage by granting decree of divorce and thereby marriage stands dissolved.

*DIVORCE LAWS

vary from religion to religion in a country with a rich cultural diversity like India. Hindus(which includes Sikh, Jain, Budh) are governed by Hindu Marriage Act,1955. Christians are governed by Indian Divorce Act-1869 & The Indian Christian Marriage Act,1872. Muslims are governed by Personnel laws of Divorce and also the Dissolution of Marriage Act,1939 & The Muslim Women(Protection of Rights on Divorce) Act,1986. Similarly, Parsis are governed by The Parsi Marriage & Divorce Act-1936. And there is also a secular law called Special Marriage Act,1954. A cursory reading of the entire gamut of Indian Laws regarding Divorce makes it clear broadly that the Divorce can be obtained by two ways:

1. Divorce by Mutual Consent

Mutual Consent Divorce is a simple way of coming out of the marriage and dissolves it legally. An important requirement is the mutual consent of the husband & wife. There are two aspects on which Husband & Wife are required to reach a consensus. One is the alimony or maintenance issues. As per Law, there is no minimum or maximum limit of maintenance. It could be any figure or no figure. Next important consideration is the Child Custody. This can also be worked out effectively between the parties. Child Custody in Mutual Consent Divorce can be shared or joint or exclusive depending upon the understanding of the spouses. Duration of Divorce in Mutual Consent varies from one month to six months or more from States to States and as per the High Court directions.

2. Contested Divorce

As the name suggests, you will have to contest it. Indian laws, in general, recognizes cruelty (Physical & Mental), Desertion (Period varies from 2 to 3 years), Unsoundness of mind( of Incurable form), Impotency, renouncing the world, etc. The aggrieved party has to take one of the above grounds for divorce and will have to file the case in the Court of appropriate jurisdiction. Party which files the case has to prove the case with the support of evidence and documents. On successfully proving the case, divorce will be granted and divorce decree will be drawn up accordingly.

ANNULMENT OF MARRIAGE:

Marriage in India can also be dissolved by means of Annulment. Procedure for annulment is same as that of Divorce except that the grounds for annulment are different than that of divorce. Grounds for annulment are fraud, pregnancy of wife by a person other than the husband, impotency prior to the marriage and subsist even at the time of filing the case. Once an annulment is granted by the Indian Court, the status of the parties remains as it was prior to the marriage.

VOID MARRIAGE:

There are certain forms of marriages which are null and void despite the performance /solemnization of the same. Marriage is void under following circumstances:-

a) neither party has a spouse living at the time of the marriage

b) the parties are not within the degrees of prohibited relationship, unless the custom or usage governing each of them permits of a marriage between the two;

c) the parties are not sapindas of each other unless the custom or usage governing each of them permits of a marriage between the two.

The time duration for obtaining divorce varies from case to case & place to place. Generally speaking, contested divorce proceedings take approximately 18 to 24 months. Mutual Consent Divorce varies from 4 weeks to 7 months and more. In Delhi, Mutual Consent Divorce is possible within two to four weeks. Generally speaking procedure for obtaining Divorce in all forms of law (based on religion) is same with only a mild variation.
For More information please contact us:

Consultants for Housing Co-operative Society in Pune
Ved Legal
Email: [email protected] / [email protected]
Mobile: +91 9763040088

*DIVORCE BY MUTUAL CONSENT

Mutual Consent Divorce was brought by the India Parliament vide Amendment in the year 1976 in the Hindu Marriage Act.
Divorce by Mutual Consent means when both Husband and wife has agreed amicably amongst themselves that they cannot live together anymore and that the best solution is to Divorce, without putting forth any allegations against each other, in the court of law, than such a Divorce petition presented jointly before the honorably court, is known as mutual consent Divorce.

It is the quickest form of divorce in India. The Conditions required under Section 13B of the Hindu Marriage Act are as follows:
(i) Husband and wife have been living separately for a period of one year or more,
(ii) That they are unable to live together,
(iii) And that both husband and wife have mutually agreed that the marriage has totally collapsed, hence marriage should be dissolved.

As per law, duration/time of obtaining mutual consent divorce is six months. Although, parties have option of filing the second motion petition any time between six months and eighteen months from the date of the filing of the Mutual Consent Divorce Petition.

PETITION FOR MUTUAL CONSENT DIVORCE CAN BE FILED AT ANY OF THE FOLLOWING PLACE:-
• Place where marriage had taken place
• Place where husband and wife last resided together.
• Place where wife is residing at the time of filing of the Petition

Once petition for divorce by mutual consent is filed, party’s presences are required in the Court for recording of the statement. In the event one of the party is unable to come, such party can appear through power of attorney. Such power of attorney preferably should be a family member of the spouse. Once statement is recorded, it is commonly called First Motion has been granted.
After passing of first motion, parties are called upon to wait for six months period before moving Petition for second motion. This period is extendible unto eighteen months. This six months period in mutual consent divorce is generally called cooling-off period. Six months period are given to parties to think their relationship again. It is given for reconciliation.
After six months period, if parties have been unable to resolve their differences, they will have to appear in the Court again. Statement of parties would be recorded again.

During the period of six months i.e. before moving second motion, both parties have liberty to withdraw their consent for divorce.
After this Court passes an order dissolving the marriage by granting decree of divorce and thereby marriage stands dissolved.

ADVANTAGES OF MUTUAL DIVORCE
Divorce by Mutual consent saves time, money and energy for both, Leaves no room for unnecessary quarrel.

By |October 28th, 2017|Divorce Laws In Pune|0 Comments

Divorce by Mutual Consent

Divorce under Hindu Marriage Act

Under the old Hindu laws, divorce was viewed as forbidden and was not talked about as freely as it is spoken out today, but with the codification of the laws the provision of divorce were laid down The provision of “Divorce” has been dealt with under the Hindu Marriage Act, 1955 as being a true blue method whereby both the parties to the marriage, decide to break all the promises or vows taken at the time of marriage. All Hindus, Buddhist, Jains or Sikhs are covered under the divorce provisions of the act.

Grounds for Divorce
The following grounds can be invoked for securing a divorce under the act:

Adultery: During the period of marriage, if either spouse maintains sexual relations with a person other than his or her lawfully wedded companion.
1. Cruelty: After the marriage, subjecting the petitioner to cruelty.
2. Desertion: If either one of the parties to the marriage deserts the other for a consistent span of at least two years , prior to the filing of the petition by the other party.
3. Conversion to another religion by either party other than Hinduism
4. Mental Disorder: If the spouse of the petitioner suffers from any unsoundness of mind, mental illness or disorder that cannot be cured, then the petitioner can file for divorce
5. Virulent and Incurable Disease: in the form of leprosy.
6. Venerable Disease in Communicable form.
7. The renunciation of the world or entered any religious order.
8. Not heard being alive for a period of seven years or more.

Additional Grounds for Dissolution of the Marriage by the Wife
Under the act, the wife is entitled to seek divorce from her husband on the following grounds:
1. Where the husband has another living wife from his previous subsisting marriage, before the commencement of the act.
2. Post the marriage, the husband was found guilty of rape, sodomy or bestiality.
3. Where the wife was awarded an order or decree for maintenance under section 18 of the Hindu Adoption and Maintenance Act, 1956 or under section 125 of the Code of Criminal Procedure, 1975, by the court, in spite of the fact that she was living apart from her husband even before the passage of such decree or order. The conjugal relations between the parties failed to resume within one year or more, even after the passage of this order.
4. The marriage was performed before the attainment of 15 years of age by the wife, and on completion of 15 years and not before 18 years of age, the wife rejected the marriage Under the Hindu Marriage Act, 1955, a divorce petition can be filed by the parties only after the passage of one year from the marriage date.

The Irretrievable breakdown of Marriage
The Marriage Laws (Amendment) Bill, 2010 incorporated another ground for seeking divorce, namely the ‘Irretrievable breakdown of marriage’ under the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954. As the term suggests, it leads to a situation whereby, either or both the parties to the marriage fine it impossible to peacefully cohabit with each other, due to personality’s clashes, differences in opinion and have lived separately from each other for a long period of time and are no longer too eager to further carry on their matrimonial relationship.

Section 13B in the Hindu Marriage Act, 1955
*13B DIVORCE BY MUTUAL CONSENT —

(1) Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976 (68 of 1976)*, on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.

(2) On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree.]

(i) The period of 6 to 18 months provided in section 13B is a period of interregnum which is intended to give time and opportunity to the parties to reflect on their move. In this transitional period the parties or either of them may have second thoughts; Suman v. Surendra Kumar, AIR 2003 Raj 155.

(ii) The period of living separately for one year must be immediately preceding the presentation of petition. The expression ‘living separately’ connotes not living like husband and wife. It has no reference to the place of living. The parties may live under the same roof and yet they may not be living as husband and wife. The parties should have no desire to perform marital obligations; Sureshta Devi v. Om Prakash, AIR 1992 SC 1904.

(iii) The period of six to eighteen months time is given in divorce by mutual consent as to give time and opportunity to the parties to reflect on their move and seek advice from relations and friends. Mutual consent should continue till the divorce decree is passed. The court should be satisfied about the bona fides and consent of the parties. If there is no consent at the time of enquiry the court gets no jurisdiction to make a decree for divorce. If the court is held to have the power to make a decree solely based on the initial petition, it negates the whole idea of mutuality. There can be unilateral withdrawal of consent. Held, that since consent of the wife was obtained by fraud and wife was not willing to consent, there could be unilateral withdrawal, of consent; Sureshta Devi v. Om Prakash, AIR 1992 SC 1904.

*PROCEDURE FOR MUTUAL CONSENT DIVORCE
Mutual Consent Divorce was brought by the India Parliament vide Amendment in the year 1976 in the Hindu Marriage Act.
As per law, duration/time of obtaining mutual consent divorce is six months. Although, parties have option of filing the second motion petition any time between six months and eighteen months from the date of the filing of the Mutual Consent Divorce Petition.
As a mutual consent divorce lawyers, we “VED LEGAL” provide platform to parties to discuss these issues in calm atmosphere and reach to their own solutions. We provide different options using our vast experience in the field to resolve issues affecting the chances of settlement.
Petition for mutual consent divorce can be filed at any of the following place:-

• Place where marriage had taken place
• Place where husband and wife last resided together.
• Place where wife is residing at the time of filing of the Petition

Once petition for divorce by mutual consent is filed, parties presence are required in the Court for recording of the statement. In the event one of the party is unable to come, such party can appear through power of attorney. Such power of attorney preferably should be a family member of the spouse. Once statement is recorded, it is commonly called First Motion has been granted.
After passing of first motion, parties are called upon to wait for six months period before moving Petition for second motion. This period is extendible unto eighteen months. This six months period in mutual consent divorce is generally called cooling-off period. Six months period are given to parties to think over their relationship again. It is given for reconciliation.
After six months period, if parties have been unable to resolve their differences, they will have to appear in the Court again. Statement of parties would be recorded again.

During the period of six months i.e. before moving second motion, both parties have liberty to withdraw their consent for divorce.
After this Court passes an order dissolving the marriage by granting decree of divorce and thereby marriage stands dissolved.

*DIVORCE LAWS

vary from religion to religion in a country with a rich cultural diversity like India. Hindus(which includes Sikh, Jain, Budh) are governed by Hindu Marriage Act,1955. Christians are governed by Indian Divorce Act-1869 & The Indian Christian Marriage Act,1872. Muslims are governed by Personnel laws of Divorce and also the Dissolution of Marriage Act,1939 & The Muslim Women(Protection of Rights on Divorce) Act,1986. Similarly, Parsis are governed by The Parsi Marriage & Divorce Act-1936. And there is also a secular law called Special Marriage Act,1954. A cursory reading of the entire gamut of Indian Laws regarding Divorce makes it clear broadly that the Divorce can be obtained by two ways:

1. Divorce by Mutual Consent

Mutual Consent Divorce is a simple way of coming out of the marriage and dissolves it legally. An important requirement is the mutual consent of the husband & wife. There are two aspects on which Husband & Wife are required to reach a consensus. One is the alimony or maintenance issues. As per Law, there is no minimum or maximum limit of maintenance. It could be any figure or no figure. Next important consideration is the Child Custody. This can also be worked out effectively between the parties. Child Custody in Mutual Consent Divorce can be shared or joint or exclusive depending upon the understanding of the spouses. Duration of Divorce in Mutual Consent varies from one month to six months or more from States to States and as per the High Court directions.

2. Contested Divorce

As the name suggests, you will have to contest it. Indian laws, in general, recognizes cruelty (Physical & Mental), Desertion (Period varies from 2 to 3 years), Unsoundness of mind( of Incurable form), Impotency, renouncing the world, etc. The aggrieved party has to take one of the above grounds for divorce and will have to file the case in the Court of appropriate jurisdiction. Party which files the case has to prove the case with the support of evidence and documents. On successfully proving the case, divorce will be granted and divorce decree will be drawn up accordingly.

ANNULMENT OF MARRIAGE:

Marriage in India can also be dissolved by means of Annulment. Procedure for annulment is same as that of Divorce except that the grounds for annulment are different than that of divorce. Grounds for annulment are fraud, pregnancy of wife by a person other than the husband, impotency prior to the marriage and subsist even at the time of filing the case. Once an annulment is granted by the Indian Court, the status of the parties remains as it was prior to the marriage.

VOID MARRIAGE:

There are certain forms of marriages which are null and void despite the performance /solemnization of the same. Marriage is void under following circumstances:-

a) neither party has a spouse living at the time of the marriage

b) the parties are not within the degrees of prohibited relationship, unless the custom or usage governing each of them permits of a marriage between the two;

c) the parties are not sapindas of each other unless the custom or usage governing each of them permits of a marriage between the two.

The time duration for obtaining divorce varies from case to case & place to place. Generally speaking, contested divorce proceedings take approximately 18 to 24 months. Mutual Consent Divorce varies from 4 weeks to 7 months and more. In Delhi, Mutual Consent Divorce is possible within two to four weeks. Generally speaking procedure for obtaining Divorce in all forms of law (based on religion) is same with only a mild variation.
For More information please contact us:

Consultants for Housing Co-operative Society in Pune
Ved Legal
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*DIVORCE BY MUTUAL CONSENT

Mutual Consent Divorce was brought by the India Parliament vide Amendment in the year 1976 in the Hindu Marriage Act.
Divorce by Mutual Consent means when both Husband and wife has agreed amicably amongst themselves that they cannot live together anymore and that the best solution is to Divorce, without putting forth any allegations against each other, in the court of law, than such a Divorce petition presented jointly before the honorably court, is known as mutual consent Divorce.

It is the quickest form of divorce in India. The Conditions required under Section 13B of the Hindu Marriage Act are as follows:
(i) Husband and wife have been living separately for a period of one year or more,
(ii) That they are unable to live together,
(iii) And that both husband and wife have mutually agreed that the marriage has totally collapsed, hence marriage should be dissolved.

As per law, duration/time of obtaining mutual consent divorce is six months. Although, parties have option of filing the second motion petition any time between six months and eighteen months from the date of the filing of the Mutual Consent Divorce Petition.

PETITION FOR MUTUAL CONSENT DIVORCE CAN BE FILED AT ANY OF THE FOLLOWING PLACE:-
• Place where marriage had taken place
• Place where husband and wife last resided together.
• Place where wife is residing at the time of filing of the Petition

Once petition for divorce by mutual consent is filed, party’s presences are required in the Court for recording of the statement. In the event one of the party is unable to come, such party can appear through power of attorney. Such power of attorney preferably should be a family member of the spouse. Once statement is recorded, it is commonly called First Motion has been granted.
After passing of first motion, parties are called upon to wait for six months period before moving Petition for second motion. This period is extendible unto eighteen months. This six months period in mutual consent divorce is generally called cooling-off period. Six months period are given to parties to think their relationship again. It is given for reconciliation.
After six months period, if parties have been unable to resolve their differences, they will have to appear in the Court again. Statement of parties would be recorded again.

During the period of six months i.e. before moving second motion, both parties have liberty to withdraw their consent for divorce.
After this Court passes an order dissolving the marriage by granting decree of divorce and thereby marriage stands dissolved.

ADVANTAGES OF MUTUAL DIVORCE
Divorce by Mutual consent saves time, money and energy for both, Leaves no room for unnecessary quarrel.

By |October 28th, 2017|Divorce by Mutual Consent|0 Comments