Legal Business

Sponsored Q&A: Cyril Amarchand Mangaldas

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Private client Cyril Amarchand Mangaldas

1. How does estate planning differ in India compared to other countries, especially in light of unique family structures and property laws?

Indian inheritance related laws are diverse and vary on a number of factors, such as the nature of the assets (movable or immovable), their location, and the personal law of an individual, which in turn is largely based on their religion. For instance, probate of a will is required only for individuals following a particular religion and if the immovable property is situated in a presidency town in India. Hindu succession law is also vastly different from Muslim or Christian succession law.

Legal Business

Sponsored Q&A: Cyril Amarchand Mangaldas

Posted on |
Employment Cyril Amarchand Mangaldas

1. What are the key employment laws and regulations in India that both employers and employees should be familiar with?

The most significant aspect of the Indian labour law regime pertains to the categorisation of workforce into workmen and non-workmen under the Industrial Disputes Act 1947 (IDA), with non-workmen, who are essentially senior managerial employees, not having the same statutory protections as workmen on matters relating to termination, dispute resolution, unfair labour practices, etc. Senior managerial employees are also often excluded from the scope of state-specific ‘shops and establishments’ legislations (LSEA), which are the key laws governing employees’ working conditions, such as working hours, leave, overtime, etc. The central and state governments can legislate on labour and employment matters in India often leading to complex interplay between over 50 and 200 legislations at the central and state levels respectively.