It is a document that is issued by a law firm or a registered legal practitioner. It consists of a detailed legal analysis and conclusion of the issue at hand. The contents serve as a guide for the party to enter into a transaction or plan further legal action.
Purpose of a Legal Opinion
Providing legal information – When entering into a transaction, it is of utmost importance that it is legally valid so that it cannot be challenged later and no damages are suffered by the parties involved. A legal opinion helps in ensuring that such transactions are in compliance with the law of the land. It also provides the legal requirements for the transaction which must be fulfilled.
Providing advice for resolution – The legal remedies that can be resorted to in order to solve the issue is provided in detail in the legal opinion. This is very useful when deciding future course of action regarding the issue and allows the persons to become aware of their rights.
Foreign Legal Opinion
In the times of globalization transactions are carried out in different jurisdictions. In such situations it is sometimes mandatory to get a certified legal opinion from a lawyer or a law firm of a foreign jurisdiction that can certify that such a transaction will be valid under the laws of the particular country. For example, the inheritance laws for an Indian who is domiciled in a foreign state can be ambiguous which can lead to confusion when the will is executed. In such a scenario, it is better to seek a professional legal opinion to prevent potential complications from arising later on.
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When to go for a Legal Opinion?
The instances listed below include some but not all circumstances in which legal opinion is useful. If you feel that you need a legal opinion on a subject not mentioned below, do contact us and we will guide you accordingly after consulting with our team of experts. Some of the issues do not need a formal legal opinion and legal advice can solve the same.
- Cross Border Transactions
In the modern times, there are several cross-border transactions (i.e. transactions between two countries or two states which have a different set of laws). In such transactions, it is not always clear if the transaction is valid as per the law of both the places. In addition to this, even if a transaction is valid, there can be doubts about its implementation. In such a scenario, legal opinion is extremely useful as it can help the parties to proceed forward with the transaction accordingly. The transactions may involve a huge sum of money compared to which the fee for a legal opinion is minimal. However, if anything goes wrong in the transaction, it could lead to heavy losses for both the parties. Therefore, it is suggested to go for legal opinion particularly when entering into cross-border transactions.
- Succession of Property after death
In case an Indian citizen is domiciled abroad and dies on foreign land, the laws governing the succession of their property can vary as per the Indian law and the law of the country they reside in. This is an example of conflict of laws, where different jurisdictions have a different set of rules for the same cause. Legal opinion helps in resolving such issues and can also be produced before the necessary authorities to claim the property.
- Filing of taxes
When an individual or an entity is filing taxes, there is a possibility that certain doubts may arise as to which category of income the taxes should be filed under or what are the deductions that can be made. A legal opinion will provide you with a classification of your income under different heads and also provide you with the deductions you can avail. If there is more than one way to file the taxes, the opinion will include all the possible ways you can file it and also recommend the best way. For such an opinion a tax lawyer and a Chartered Opinion work together to frame the opinion to ensure that the client can obtain maximum benefit from the same.
- Entering into contracts
When entering a new contract, a legal opinion can be sought to understand the terms of the contract and their implications. The language mentioned in a contract can be ambiguous and can be interpreted in a way that is disadvantageous to one of the parties to the contract. A legal opinion can help avoid this by explaining the possible implications of the contract and providing suggestions as to what course of action can be taken.
How can a law firm assist you with Legal Opinions?
A Law Firm has a team of skilled legal professionals adept at drafting legal opinions. For example, at NRI Legal Consultants, our team specializes in cross border issues and transactions. The opinion goes through an internal review process to ensure there are no errors. It can be sought on a variety of matters like transfer of property, divorce litigation, registration of a foreign company in India, inheritance etc.
Getting justice for our clients is our priority. As they say, “Justice delayed is Justice denied”, Our approach has always been to help our clients to sort out their disputes in a timely manner and amicably.
We are a team of Attorneys, Chartered Accountants and Property Managers, each of whom is an expert in its own field so as to satisfactorily assist you in your property or legal matters.
Our Team of experts strive to provide best possible solution & earn the trust of our clients by sending them legal updates regarding their cases/ transactions in the form of a monthly legal report.
From Our Clients
I am trying my best to put gratitude in words for Mr. Jaspreet Benipal. They way he helped me / guided me for my case in India (having some foreign court connection) is really commendable. He has not only saved my time but money too. My lawyer had been misguiding me since last 2 years but when I consulted NRI Legal Consultants, Mr. Benipal advised me the best way which worked in court. Thank you Jaspreet Benipal ji and team NRI Legal Consultants for all the help. I would recommend people to use your expertise in their legal matters. Sometimes, only a second opinion matters.
If you are an NRI, I highly recommend calling Jaspreet to discuss your legal matters. He is direct and clear in his communication unlike the many other lawyers I talked to India. I felt Japreet was genuine in has advice and very knowledge about the judicial system in India. I suggest don’t waste your time with the other Lawyers that over-promise and under-deliver just to collect fees in India, give NRI Legal Consultants a try.
Excellent service! The team is really knowledgeable, courteous and efficient. Also, they’re helping who cannot afford a lawyer, which is in contrast to other law firms in India as they are genuinely trying to provide legal assistance to everyone. So, don’t hesitate to contact them for any kind of legal assistance. Thank you!
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We Provide a legal consultation relating to all your NRI related enquiries in India. This consultation includes a proper review of your legal- enquire/case and a phone call with one of our Attorneys. Our team believes that it is very important to understand our clients before they engage us as their attorneys.