One of the best Advocates & Lawyers in Noida - Advocate Samar Singh Kachwaha

Advocate Samar Singh Kachwaha

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LawRatoSector 15A, Noida
LawRato15 years Experience
Practice Areas
Anticipatory Bail, Arbitration, Civil, Criminal, International Law, NCLT, Property, RERA, Succession Certificate, Supreme Court, Wills / Trusts
Language(s) Spoken: English, Hindi
Advocate Samar Singh Kachwaha has been practicing and handling cases independently with a result oriented approach, both professionally and ethically and has now acquired excellent professional experience in providing legal consultancy and advisory services.

Advocate Samar provides services in various fields of Civil Matters, Arbitration Matters, Commercial Matters, Property Matters, International Law related Matters, Supreme Court and drafting and vetting of various agreements and documents.

He is on panel of Union of India at the Supreme Court.

Advocate Samar enrolled with the Bar Council of Delhi in 2009. He is a member of the Delhi High Court Bar Association.

Enrollment Number : D/2681/2009
  • Delhi High Court
  • District Court, Patiala House
  • District Court, Saket
  • Supreme Court Of India

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Questions Answered by Advocate Samar Singh Kachwaha

Q: Jurisdiction of International Commercial Arbitration seated in India

I had a query regarding the jurisdiction in an arbitration between a company based in India and in Sri Lanka with the dispute resolution clause stating that all disputes shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre in accordance with the Arbitration Rules of the Singapore International Arbitration Centre. The seat of the arbitration shall be New Delhi. However, the Contract shall be governed by the laws of India. Therefore, in a dispute relating to this contract what will be the jurisdiction? The contentions herein are, relating to breach of contract, payment of damages, joinder of a party in dispute and biased arbitrator. Will it be Delhi High Court or SIAC and under which law?

Advocate Samar Singh Kachwaha answered
The dispute shall be resolved by Arbitration, with the venue being New Delhi. Within the parameters of the Arbitration and Conciliation Act, 1996, the High Court of Delhi shall have jurisdiction. Thus for interim relief (section 9) or appointment of arbitrator (section 11) or to challenge the award (section 34), the Delhi High Court can be approached. Otherwise it is the SIAC arbitral tribunal seated at New Delhi which shall finally decide the dispute.

Q: Rights of daughter in ancestral property

Is a married daughter eligible for a share in dead father's property? It's a ancestral property passed on from grandfather

Advocate Samar Singh Kachwaha answered
A lot depends on whether or not the property in question can be described as a HUF property. If yes, then provided your father in law was alive in the year 2005, your children do have a right in the property, which you can agitate on their behalf. If it is not a HUF property, then your wife shall have a share, subject to any will your father in law may have left. However in the latter case, your children would not have an inherent or independent right to the property. Detailed advise can be given on a perusal of the relevant documents.

Q: How to divide property after intestate parents

My father died in February of 2017. He has a house in . He did not write a will. Only on regular paper he has indicated that the property be divided into 5 units (as he had 5 siblings). But 2 siblings are also expired. What is the procedure for selling the property and dividing the proceeds into the families of the 5 siblings?

Advocate Samar Singh Kachwaha answered
If parties are in agreement that the property is to be divided amongst 5 siblings (or their families) then the regular piece of paper on which your father wrote the same can be treated as a will and probated by consent of parties. The property can be divided once letters of administration are issued by the court. If parties do not consent, then the property may be divided amongst the class 1 legal heirs of your father, as it may then be considered as a case of interstate succession.

Q: How to enforce vested interests in property

Respected sir, I am  and my concern it that my maternal grandfather was died in 1999 without making any will but my maternal grandmother was died in 2010 so I want to know that my mother can ask for her share from her brothers or not the property is in Delhi

Advocate Samar Singh Kachwaha answered
If your maternal grandfather died intestate (without making a will), then his property would devolve equally upon his Class 1 legal heirs, which includes your mother. If your maternal grandmother died interstate, then her share of the property would also devolve equally upon her Class 1 legal heirs, which again included your mother. She can file a partition suit to claim her share in the properties.

Q: Can a person be adopted if elder than the person who is adopting

I work in Embassy of Poland. I wish to adopt a lady as mother who is elder than me. She taught me for three years. She is from Poland. I don't know, what should i do? If you could suggest me the way, I'll be very thankful. Warm Regards! Jay Atri

Advocate Samar Singh Kachwaha answered
You cannot adopt a foreigner (or even a non-Hindu.) Usually an application for being appointed a guardian is filed in such cases, however the grounds for such appointment shall have to be made out. Also there shall be an added complication on account of the lady not being amade Indian citizen. First Indian citizenship may have to be applied for, depending on the full facts of the case.

Frequently Asked Questions about Advocate Samar Singh Kachwaha

Can Advocate Samar Singh Kachwaha represent me in court?

Yes, Advocate Samar Singh Kachwaha can represent you in court. The lawyer is trained to present your case in the most effective way possible.

What should I bring to my initial consultation with Advocate Samar Singh Kachwaha?

When you meet with Advocate Samar Singh Kachwaha for an initial consultation, it is important to bring any relevant documents or information with you. This may include documents related to your legal issue, such as contracts or court orders, as well as any other relevant information, such as a list of questions or concerns you have about your case.

How do I prepare for my initial consultation with Advocate Samar Singh Kachwaha?

Before your initial consultation with Advocate Samar Singh Kachwaha, it can be helpful to think about the specific legal issue you are facing and any questions or concerns you have about your case. You should also gather any relevant documents or information that you think may be helpful in understanding your situation.

What should I expect during my initial consultation with Advocate Samar Singh Kachwaha?

During your initial consultation with Advocate Samar Singh Kachwaha, you can expect to discuss the specific legal issue you are facing and the details of your situation. Lawyer will ask you questions to get a better understanding of your case and will provide you with information about your legal options and any potential outcomes.

How do I communicate with Advocate Samar Singh Kachwaha?

It is important to communicate with Advocate Samar Singh Kachwaha regularly to stay updated on the progress of your case and to discuss any new developments or concerns you may have. You can communicate with the lawyer through phone calls, emails, or in-person meetings.

How much does it cost to hire Advocate Samar Singh Kachwaha?

The cost of hiring Advocate Samar Singh Kachwaha can vary widely. Some lawyers charge hourly rates, while others charge a flat fee for their services. Some also offer free initial consultations to discuss your case. Kindly contact the lawyer directly to enquire about the fee.