Part 18:Eight(8), Nine(9) & Ten(10) figure earning Entrepreneurs & Investors_Seven Heavens Legal_Asset Protection_Curious case of UP & Enemy property!
This part of the client-education series is for all the people still in denial about the increasing danger to their 'Assets' and 'Immovable Property' in India.
Disclaimer: To begin with, we would like to issue a disclaimer that the present PANDEMIC has robbed people of their legal and long-running livelihoods, destroyed lives of migrant labour and businesses dependent on Migrant labour and is continuing to wreak havoc upon the Indian Economy. In such a precarious situation, we do not want to indulge in any 'right' / 'wrong' debate, but just want to make the reader aware of the recent trends that may affect his / her home or housing in the near future AND why the reader needs to seriously consider coming to Seven Heavens Legal for a customized "Asset Protection Plan" and "Plan B".
Uttar Pradesh off lately: While we whole-heartedly support, assist and work in our traditional law firm capacity to bring Eight (8), Nine (9) and Ten (10) figure earning entrepreneurs into India, we have been shocked at the mis-reporting, half-reporting and ill-reporting by a certain section of Media in relation to the notorious Gangster / Mafia head from the Indian state of Uttar Pradesh, Vikas Dubey.
This is the same state in India, which through an Ordinance (a non-democratically promulgated law by the Cabinet / executive, similar to the 1970's Emergency for the uninitiated), known as "Uttar Pradesh Public Health and Epidemic Disease Control Ordinance, 2020" has increased the Jail term for the 'intentional spreading' of infectious disease / COVID-19 to a 'Life Term'. Under the federal Indian Penal Code,
Section 269 prescribes six-month imprisonment and/or fine for those who spread dangerous infection because of negligence; and
Section 270 grants a two-year term for those who malignantly spreading infection.
Now, while we at Seven Heavens Legal chose to not comment on the difficulty, impracticality and communal nature of the Uttar Pradesh Public Health and Epidemic Disease Control Ordinance, 2020, wherein its drafters, quite simply state the following, without any consideration to basic principles of drafting Criminal laws, or much less even the principle of drafting as clearly and unambigiously as possible in matters of Rigourous imprisonment or imprisonment for life under the trio of Section 24, 25 and 26 of the said ordinance, we were baffled by the recent media (mis)reporting in the case of Gangster Vikas Dubey.
Where the real news was:
Which conveniently restricted to only the ANI tweet by a majority of media houses as:
Other instance of not following / verifying Due Process in India: This is not the first occasion where 'Immovable Assets' have been demolished without due process. One of our competitor's client and non-believer in our Sage Advice, to not deal in Precious Stones / Precious Metals, etc., Diamantaire Nirav Modi's house to was put to ground in a perhaps more 'show-bizz' manner, by controlled explosives, without him being ever even apprehended, let aside upon completion of a fair and complete judicial trial. Such was the hurry in detonating, that the Enforcement Directorate had not even moved all valuables to be auctioned.
While, if found guilty by a judicial trial, we at Seven Heavens Legal would be more than vocal for the strictest punishment to such Gangsters / Thugs, but we are ardent believers in "Due Process" and natural justice. Thus, we believe that such "Trigger-happy" tendencies only go to erode the belief of a common man, that his assets are safe in India and that they would be let aside, atleast till the time of the completion of his Trial / Appeal by the local authorities.
Dark Knight Rises - The Seven Heavens Legal version: To all the Kanpur / Alibaug local authority fans, we just have this Artwork inspired from the Dark Knight Rises:
Like 'Abbey b#$%dike, "Yeah" ya "Hurray" bolke chillanei sey pehle dekh toh lo, galat ghar demolish kar diya tumharei ladko nei!'
The people who find happiness in things like the ones mentioned by Ms. Kyle, are the one who envy all rich people and their Assets. Normalization of lack of due process in actions against criminal and more power to such destructive and illegal tendencies can only lead to misuse and abuse of such "UNCHECKED" actions. Why have a judiciary to begin with, if Jungle Raj is a preferable solution. Such Jungle Raj also leads to a lack of trust related to "SAFETY BY THE STATE" to any and every Asset located in India.
AUCTION as per modified definition of Enemy: The latest development in this regards was the Indian Governments plans to generate One Lakh Crores out of sale of "Enemy" (which by a 2017 amendment means - anyone whose ancestors had taken Chinese or Pakistani Citizenship, irrespective of whether his heirs are Indian citizens or not) property and irrespective of whether we are at War with Pakistan and / or China or not, confiscated by the government and under the custody of a custodian appointed by the Government, having the powers of Civil Court in peace time.
All of the above moves and measures create great doubt and suspicion in Public mind, if investing in Indian Real Estate. Furthermore, it presents an existential question on the safety of Assets in India. Therefore, it is important to have a robust asset protection plan in place at the earliest, and to have a plan B.
Thus, unlike your CA, or your traditional Tier 1 or Tier 2 law firm, we have thorough experiences, personal and professional, to understand the key to, sure, substantial and lasting success in business / investments even in case of a pandemic such as the present one.
Customized Asset Protection Plans and other services at Seven Heavens Legal, in addition to traditional If you want to know more about customized "Asset Protection Plans" for yourself and your family, or have a problem at hand that you would like us to address, we would request you to consider our services as a traditional full-service law firm as well as for 'Going Offshore', 'Legally reducing your Tax to Zero or near Zero', 'providing you a helping hand with Creation of Wealth and Financial Freedom' by:
- Evaluating your existing business and business model;
- Evaluating existing tax exposure, opportunities and future taxation risks;
- Suggesting you with an appropriate, legal and prudential immigration plan (to be an NRI / not be taxed in India for your global income, and effectively help you avoid the ever increasing / broadening definition of Digital tax, etc. across the globe);
- Offshore Structure Creation - Preparing a robust Asset Protection Plan;
- Offshore tax - Accounting and Auditing;
- Offshore Trademark Registration;
- Some assistance, if required with, Offshore Merchant Account opening;
- Offshore Trust and Foundation service;
- Offshore serviced office;
- Address many other 'customized' needs, to help you create more wealth, with the freedom to retain that money for you, your future / family and your business by paying zero, or limited tax.