Insights — Legal Analysis

The Insights section publishes legal analysis, case notes, and practice guides on Indian law matters across the firm's practice areas — NRI property and succession, commercial arbitration, Kerala property law, estate planning, corporate law, and intellectual property. Content covers leading Supreme Court judgments with practical relevance to ongoing matters, practice guides for NRIs and OCI cardholders managing India assets from abroad, and statutory analysis on developments under Indian law.

All content is published for informational purposes only and does not constitute legal advice. The Bar Council of India does not permit advocates to advertise or solicit work — the Insights section is an informational resource, not a promotional publication. For specific advice on any matter, the office should be contacted directly.

Practice areas covered: NRI & Property  ·  Estate & Succession  ·  Arbitration  ·  Disputes  ·  Corporate & IP  ·  About the author  ·  Last reviewed: June 2026

Insights

Legal guides on NRI property law, corporate law, arbitration and estate matters in Kerala and India. Published by Luke & Luka — The Law Office, Kakkanad, Kochi.

The Bar Council of India does not permit advocates to solicit work or advertise. All articles on this page are published for informational purposes only and do not constitute legal advice or solicitation.

NRI Property, Estate & Succession

NRI Property Law

Selling Property in Kerala as an NRI — Complete Legal Guide

Power of Attorney, TDS at Section 195, capital gains, FEMA repatriation and step-by-step process for NRI property sale.

 NRI Property Law

Power of Attorney for NRIs — Kerala Property and Estate Matters

Consulate PoA, apostille PoA, specific vs general PoA, adjudication, registration and common mistakes.

 NRI Property Law

NRI Property Encroachment in Kerala — Legal Options and Remedies

Injunctions, civil suits, FIR, adverse possession risk and how to protect Kerala property from abroad.

 NRI Law & FEMA

FEMA Compliance for NRI Property Transactions in Kerala

What NRIs can buy, sell and repatriate — Form 15CA, 15CB, USD 1 million limit and compliance errors.

 NRI Law

OCI Card Holders — Property Rights and Restrictions in India

What OCI holders can and cannot buy, agricultural land restriction, inheritance and FEMA rules.

 NRI Estate Law

Probate in Kerala — A Guide for NRIs and OCI Holders

Court process, jurisdiction, documents, timeline and how NRIs participate through PoA.

 NRI Estate Law

Legal Heirship Certificate in Kerala — How NRIs Obtain It

Who issues it, application process, documents and difference from succession certificate.

 NRI Property Law

Buying Property in Kerala as an NRI or OCI Card Holder

Due diligence, title verification, FEMA payment rules, registration and common mistakes.

 NRI Property Law

US Power of Attorney — Validity and Use for Kerala Property

New York statutory PoA, apostille requirements, adjudication in Kerala and limitations on use.

 NRI Estate Planning

US Health Care Proxy and Indian Living Will — What NRIs Need to Know

How they differ, validity in India and how to execute an Indian Advance Medical Directive.

 NRI Property Law

Gift Deed for NRIs — Transferring Kerala Property to Family

Gift deed requirements, stamp duty in Kerala, FEMA rules for gifts by NRI and tax implications.

 NRI Estate Planning

Multi-Country NRI Estate — Managing Assets in India and Abroad

Separate Wills, Indian succession law, international probate, repatriation and multi-jurisdiction planning.

 NRI Estate Planning

NRI Estate — India and UAE Assets

Indian succession law, UAE inheritance rules, how Wills in each country interact and repatriation planning for NRI families.

 NRI Property Law — UAE

UAE Notarisation for Indian Property Documents

Indian consulate attestation process for UAE-resident NRIs — property and estate documents.

 NRI Estate Law

Succession Certificate in Kerala — How NRIs Obtain It

When it is needed, court process, documents, NRI participation through PoA and difference from probate.

Corporate, Commercial & Employment Law

Corporate Law

Startup Agreements in India — What Founders Must Have at Formation

Co-founders agreement, IP assignment, vesting, Articles of Association and NDAs at formation.

 Corporate Law

Partnership Deed in Kerala — Why It Matters and What It Must Contain

Capital, profit sharing, authority, retirement, death provisions, registration and dispute resolution.

 Corporate Law

LLP vs Private Limited Company — Choosing the Right Structure in India

Liability, capital, investment, taxation, compliance and exit compared for Indian founders.

 Corporate Law

Shareholders Agreement — Key Clauses Every Founder Must Understand

Anti-dilution, liquidation preference, drag-along, tag-along, ROFR and reserved matters.

 Corporate Law

Non-Disclosure Agreement in India — Drafting and Enforcement

Enforceability under Indian law, defining confidential information, duration, breach remedies.

 Corporate Law

ESOP Structuring for Indian Startups — Companies Act Compliance

Section 62(1)(b), eligibility, vesting schedules, tax treatment and pool size management.

 Corporate Law

Joint Venture Agreement India — Key Provisions and Dispute Prevention

Incorporated vs contractual JV, governance, deadlock resolution, IP ownership and exit.

 Technology Law

DPDPA 2023 — What Kerala Businesses Must Do Now

Consent requirements, data principal rights, SDF obligations and penalties up to Rs. 250 crore.

 Technology Law

SaaS Agreements Under Indian Law — Drafting and Risk

License, IP ownership, SLA, data handling, liability caps, termination and DPDPA compliance.

 Commercial Law

Franchise Agreement Disputes in India — Legal Remedies and Prevention

Territory breach, royalty disputes, termination, IP misuse and arbitration for franchise disputes.

 Employment Law

Employment Agreements in India — Key Clauses and Enforceability

IP assignment, non-compete (Section 27 problem), confidentiality and termination clauses.

 Corporate Disputes

Oppression and Mismanagement — Shareholder Remedies Under Companies Act 2013

Sections 241-244, NCLT buyout orders, interim relief and petition vs arbitration strategy.

 Corporate Law

Winding Up a Company in India — Voluntary and Compulsory Dissolution

Strike-off, NCLT winding up, creditor settlement and director obligations on dissolution.

 Corporate Law

Director Liability in Indian Companies — Personal Risk and Protection

When directors are personally liable — TDS, GST, PF defaults, fraudulent trading and guarantees.

 Corporate Law

General Counsel Retainer for Kerala SMEs — What It Covers

GCaaS retainer scope, fee structures and when a Kerala business needs ongoing legal counsel.

 NRI Property Law

Partition Suit and Ancestral Property Disputes for NRIs in Kerala

How partition suits work, mediation and arbitration as alternatives and NRI participation through PoA.

Enquire About a Legal Matter

The office advises NRIs, OCI holders and businesses on property, estate, corporate and dispute matters in Kerala and across India.

luka@lukeandluka.in +91 96057 61330 Monday – Friday, 9:30 AM – 5:30 PM IST

Insights

Leading Judgments

Principles that shape Indian commercial, property, arbitration, and private law — analysed for practice relevance.

Arbitration2023(2023) SCC OnLine SC 1666

In Re: Interplay — Arbitration & Stamp Act

Non-stamping of a contract does not void the arbitration clause; the defect is curable before the arbitral tribunal.

Read analysis →Five-Judge Constitution Bench
Arbitration2012(2012) 9 SCC 552

BALCO v. Kaiser Aluminium

Part I of the Arbitration Act 1996 applies exclusively to arbitrations seated in India; foreign-seated arbitrations are governed only by Part II.

Read analysis →Five-Judge Constitution Bench
Estate & Succession2020(2020) 9 SCC 1

Vineeta Sharma v. Rakesh Sharma

A daughter\'s right as a Hindu coparcener exists from birth and does not depend on the father being alive on the date of the 2005 amendment.

Read analysis →Three-Judge Bench
Property2012(2012) 1 SCC 656

Suraj Lamp v. State of Haryana

A General Power of Attorney, Sale Agreement, and Will combination does not transfer title to immovable property in India.

Read analysis →Two-Judge Bench
Arbitration2020(2020) 20 SCC 760

Perkins Eastman v. HSCC

A person disqualified under Section 12(5) of the Arbitration Act cannot appoint an arbitrator, whether directly or through a nominee.

Read analysis →Two-Judge Bench
Arbitration2023(2023) SCC OnLine SC 1634

Cox & Kings v. SAP India

A non-signatory member of a corporate group can be bound by an arbitration agreement if its conduct demonstrates implied consent — not merely corporate relationship.

Read analysis →Five-Judge Constitution Bench
Data Protection & IP2017(2017) 10 SCC 1

K.S. Puttaswamy v. Union of India

Privacy — including informational privacy, decisional autonomy, and bodily integrity — is a fundamental right protected under Article 21 of the Indian Constitution.

Read analysis →Nine-Judge Constitution Bench
Arbitration2021(2021) 2 SCC 1

Vidya Drolia v. Durga Trading

A dispute is non-arbitrable only if it falls within four defined categories; courts at the Section 11 stage must limit inquiry to a prima facie examination of arbitrability.

Read analysis →Three-Judge Bench
Cheque Bounce & Recovery2010(2010) 11 SCC 441

Rangappa v. Sri Mohan

The Sections 118 and 139 presumptions require the accused to disprove a legally enforceable debt — not merely question the amount or purpose of the cheque.

Read analysis →Two-Judge Bench
Estate & Succession2018(2018) 5 SCC 1

Common Cause v. Union of India

A person of sound mind may execute an Advance Medical Directive (Living Will) to refuse life-sustaining medical treatment in a future state of incapacity.

Read analysis →Five-Judge Constitution Bench
Arbitration2019(2019) 20 SCC 674

BGS SGS Soma JV v. NHPC

Where an arbitration clause designates a venue with no other jurisdictional clause, that venue is ordinarily the juridical seat, conferring exclusive court jurisdiction.

Read analysis →Three-Judge Bench
Estate & Succession1959AIR 1959 SC 443

H. Venkatachala Iyengar v. B.N. Thimmajamma

A Will must be proved by the propounder to have been duly executed and free from suspicious circumstances; mere attestation is insufficient if doubt surrounds the Will.

Read analysis →Three-Judge Bench
Corporate & Insolvency2018(2018) 1 SCC 407

Innoventive Industries v. ICICI Bank

The IBC\'s non-obstante clause (Section 238) gives it overriding effect over all prior legislation — state or central — that conflicts with its provisions.

Read analysis →Three-Judge Bench
Cheque Bounce & Recovery2019(2019) 4 SCC 197

Bir Singh v. Mukesh Kumar

Signing and delivering a blank cheque creates the same statutory presumption of a legally enforceable debt as a fully completed cheque.

Read analysis →Two-Judge Bench
Evidence & Procedure2020(2020) 7 SCC 1

Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal

Electronic records are inadmissible in evidence without a Section 65B certificate from the person in charge of the computer — oral evidence is not a substitute.

Read analysis →Three-Judge Bench
Corporate & Insolvency2019(2019) 4 SCC 17

Swiss Ribbons v. Union of India

The IBC\'s differentiation between financial and operational creditors is constitutionally valid — it reflects a rational basis, not arbitrary discrimination.

Read analysis →Two-Judge Bench
Arbitration2017(2017) 7 SCC 678

Indus Mobile Distribution v. Datawind Innovations

Once the juridical seat is fixed, courts of the seat have exclusive jurisdiction for all arbitration-related proceedings; courts elsewhere — even where the cause of action arose — are ousted.

Read analysis →Three-Judge Bench
Arbitration2021(2021) 7 SCC 1

PASL Wind Solutions v. GE Power Conversion India

Two Indian companies may designate a foreign seat — such as Zurich — and the resulting arbitral award is a New York Convention foreign award enforceable in India under Part II.

Read analysis →Three-Judge Bench
Arbitration2019(2019) 15 SCC 131

Ssangyong Engineering v. NHAI

Post-2015, an arbitral award can be set aside for patent illegality only if the illegality is so perverse that no reasonable person could arrive at the same conclusion — minor errors survive.

Read analysis →Two-Judge Bench
Data Protection & IP2015(2015) 5 SCC 1

Shreya Singhal v. Union of India

Section 66A of the IT Act 2000 is unconstitutional as it infringes the right to free speech and expression without meeting the test of reasonable restriction.

Read analysis →Two-Judge Bench
Property2019(2019) 7 SCC 705

Dr. S. Kumar v. S. Ramalingam

Under Section 48 of the Transfer of Property Act, a person cannot transfer a greater interest than they possess — the earlier transfer governs.

Read analysis →Two-Judge Bench
Contract & Property2015(2015) 4 SCC 136

Kailash Nath Associates v. DDA

Section 74 does not allow automatic forfeiture of the full sum named in a contract — the claimant must prove actual loss suffered, and courts award only reasonable compensation.

Read analysis →Three-Judge Bench
Arbitration2015(2015) 3 SCC 49

Associate Builders v. Delhi Development Authority

Courts reviewing arbitral awards under Section 34 act with restraint — an award is set aside only for specific, defined grounds, not because the court disagrees with the arbitrator\'s findings.

Read analysis →Two-Judge Bench
Estate & Succession2008(2008) 4 SCC 300

Krishna Kumar Birla v. Rajendra Singh Lodha

To lodge a caveat against probate, the caveator must demonstrate a real legal interest in the estate that would be adversely affected by the grant — not mere family relationship.

Read analysis →Two-Judge Bench
NRI Legal Services1991(1991) 3 SCC 451

Y. Narasimha Rao v. Y. Venkata Lakshmi

A foreign court decree — including a divorce or property order — is not conclusive in India if the foreign court lacked competent jurisdiction under Indian law or applied the wrong personal law.

Read analysis →Three-Judge Bench
Estate & Succession2003(2003) 6 SCC 611

John Vallamattom v. Union of India

Section 118 of the Indian Succession Act, which required a 12-month waiting period for Christians\' charitable bequests, was struck down as discriminatory and unconstitutional.

Read analysis →Five-Judge Constitution Bench
Intellectual Property2013(2013) 6 SCC 1

Novartis AG v. Union of India

Section 3(d) of the Patents Act prevents the grant of a patent to a new form of a known substance unless it demonstrates significantly enhanced therapeutic efficacy.

Read analysis →Two-Judge Bench
Intellectual Property2008(2008) 1 SCC 1

Eastern Book Company v. D.B. Modak

Copyright in compilations protects creative selection, arrangement, and expression — not underlying facts or public records. The "modicum of creativity" standard applies.

Read analysis →Three-Judge Bench
Arbitration2003(2003) 5 SCC 705

ONGC Ltd. v. Saw Pipes Ltd.

An arbitral award that is patently illegal or contrary to the fundamental policy of Indian law can be challenged under Section 34 — though subsequent amendments have narrowed this ground.

Read analysis →Two-Judge Bench
Arbitration2022(2022) 1 SCC 209

Amazon.com NV Investment Holdings v. Future Retail

An Emergency Arbitrator (EA) appointed under institutional arbitration rules has the same powers as a constituted tribunal to grant interim measures; the EA\'s order is enforceable under Section 17(2).

Read analysis →Three-Judge Bench
Arbitration2017(2017) 8 SCC 377

TRF Ltd. v. Energo Engineering Projects

Ineligibility to act as arbitrator under Section 12(5) also disqualifies that person from nominating an arbitrator — the taint attaches to the nomination power.

Read analysis →Two-Judge Bench
Corporate & Insolvency2018(2018) 1 SCC 353

Mobilox Innovations v. Kirusa Software

An operational creditor\'s Section 9 application under the IBC must be rejected if the corporate debtor raises a genuine pre-existing dispute about the debt.

Read analysis →Two-Judge Bench
Corporate & Insolvency2020(2020) 8 SCC 531

Committee of Creditors of Essar Steel v. Satish Kumar Gupta

The CoC\'s commercial judgment on a resolution plan is final — courts and the NCLT cannot substitute their view for the collective wisdom of creditors.

Read analysis →Three-Judge Bench
Arbitration2025(2025) SCC OnLine SC (forthcoming)

Gayatri Balasamy v. ISG Novasoft Technologies

Courts may under Section 34(4) remit an award to the tribunal to cure specific defects — but cannot themselves modify the substantive outcome of the award.

Read analysis →Five-Judge Constitution Bench
Estate & Succession2018(2018) 3 SCC 343

Danamma @ Suman Surpur v. Amar

A daughter born before the Hindu Succession Act 1956 also acquires coparcenary rights under the 2005 amendment — the right is by birth, not by the date of the daughter\'s birth.

Read analysis →Two-Judge Bench
Corporate & Insolvency2005(2005) 1 SCC 212

Dale & Carrington Invt. v. P.K. Prathapan

Directors owe fiduciary duties to shareholders and cannot use their position to allot shares to themselves to consolidate control at the expense of minority rights.

Read analysis →Two-Judge Bench
Data Protection & IP1978AIR 1978 SC 597

Maneka Gandhi v. Union of India

Article 21\'s "procedure established by law" must itself be reasonable and comply with principles of natural justice — an unjust procedure does not satisfy the constitutional standard.

Read analysis →Seven-Judge Bench
Cheque Bounce & Recovery1995AIR 1995 SC 922

Consumer Education and Research Society v. Union of India

The Consumer Protection Act creates a cheap, speedy, and simple remedy additional to existing legal rights — it must be construed in favour of consumers.

Read analysis →Two-Judge Bench
Arbitration2014(2014) 9 SCC 263

ONGC v. Western Geco International

An arbitral award may be set aside as contrary to public policy if it is Wednesbury unreasonable or violates principles of natural justice — part of the fundamental policy of Indian law.

Read analysis →Three-Judge Bench
Contract & Property2018Act No. 18 of 2018

Specific Relief (Amendment) Act, 2018 — Legislative Framework

As of 2018, courts must grant specific performance of contracts as the primary remedy — the discretion to award only damages has been substantially removed.

Read analysis →Legislative Amendment — Judicial Interpretation
Arbitration2008(2008) 3 SCC 56

Satyam Computer Services v. Upaid Systems

Fraud allegations against a contract do not automatically displace an arbitration clause — the arbitration agreement, being separable, survives unless the fraud goes to the arbitration clause itself.

Read analysis →Two-Judge Bench
Contract & Property1988AIR 1988 SC 1222

U.P. Cooperative Federation v. Singh Consultants (Bank Guarantee)

An unconditional and irrevocable bank guarantee is independent of the underlying contract — it must be paid on demand without the bank examining the merits of the dispute.

Read analysis →Two-Judge Bench
NRI Legal Services2017(2017) 9 SCC 1

Shayara Bano v. Union of India

Instantaneous triple talaq is manifestly arbitrary and violates Article 14 — it is not an essential religious practice and is therefore not protected by Article 25.

Read analysis →Five-Judge Constitution Bench
Evidence & Procedure2008(2008) 17 SCC 491

Bachhaj Nahar v. Nilufar Begum

In a civil suit, relief can only be granted on grounds pleaded. A party who fails to plead a cause of action or relief cannot have it granted by the court, however meritorious.

Read analysis →Two-Judge Bench
Data Protection & IP2018(2019) 1 SCC 1

Justice K.S. Puttaswamy v. Union of India (Aadhaar)

Aadhaar is constitutional for state welfare delivery — but mandatory commercial Aadhaar linking violates the right to privacy under Article 21.

Read analysis →Five-Judge Constitution Bench

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These analyses are for general legal information. For advice on how a specific judgment affects your matter, contact the office.

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