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India

We work with successful families and regional/multinational companies from across a wide range of sectors and throughout the area. We represent residents of the region, as well as expatriates from the subcontinent around the world.  We fully understand the legal, regulatory and cultural backdrop, and our India team includes lawyers who have lived and practiced in India. 
 
With capabilities including wealth and estate planning, tax planning, immigration, dispute resolution, real estate and corporate advice, our India group members in Singapore, London, Italy, Hong Kong and the US help clients grow their achievements and protect what is important to them and ensure clients benefit from our experience and our extensive international network.

Nigel Sprunt:

So welcome to you both. We're here to talk about India. A thriving, dynamic economy throws up lots of different issues. Legal issues. So, first of all, I suppose why Withers for India?


Ruby Dalal:

Withers has been acting for Indian clients for generations. So we have a very deep cultural understanding and extensive experience in the market.


Nigel Sprunt:

Okay. And the firm is known for dealing with successful people and families. I'm guessing that's true of the sort of clients that we are representing, in India and across the world.


Ruby Dalal:

Absolutely. A family sits at the heart of most Indian businesses, and so we're perfectly positioned to be able to advise those clients, both in their personal need and their business needs, to make sure the two are aligned.


Nigel Sprunt:

Okay. Claire, we do a lot of things, for our clients. Could you sort of give us a flavor of the sort of things that we do for them?


Claire Harris:

So from a tax and structuring perspective, we are acting for families, promoters of businesses, family offices in relation to how should they hold their assets globally. With a particular eye on the kind of the tax implications of the different jurisdictions where people are based or where they have assets. And we're looking at estate planning and succession planning in terms of how to pass those assets on to the next generation, but also on the corporate side, corporate structuring, business structuring and fund structuring.


Nigel Sprunt:

Yeah, it's pretty comprehensive. I suppose on a daily basis, what's the sort of things that both of you are actually dealing with?


Claire Harris:

Well, it sounds a little bit geeky, but I advise quite a bit in terms of the double tax treaties between the UK and India. Trying to make sure that at the very least, people are not double taxed in relation to income or, on their assets more generally. I also do quite a bit of work in terms of structuring property purchases in the UK.< So how can people buy property in the UK in the most tax efficient way possible, given that the funds are coming from outside of the UK, often.


Ruby Dalal:

This is an area that we work very closely together. So I help a lot of our NRI clients in terms of their commercial real estate investments and the management and acquisition of those investments.


Nigel Sprunt:

Yeah, I mean, it's a pretty comprehensive list. Are there other areas that we should be talking about?


Ruby Dalal:

Absolutely, absolutely. Our wider India group help our Indian clients across all services, whether it be acquiring a second home overseas, their immigration requirements, cross-border M&A, inbound and outbound investment and of course, litigation, arbitration. It's a very wide list.


Nigel Sprunt:

Okay. Well, what I would say is, if I was watching the video, I'd be like, well, how do you tailor that for the needs of our Indian clients? Can you help us with that?


Claire Harris:

Yeah, absolutely. What I would say is that all of the members of our India group have got a really good understanding of the legal, the cultural, the tax background in terms of India and understanding how the local laws will impact the type of advice that we're giving, particularly from an Indian perspective, there are regulatory constraints from India, in particular, that impact the way that we give our advice. And we're working really frequently with local lawyers in order to structure the best outcome for our clients. Also, all of our clients are so globally mobile these days. It really helps to be able to really provide that kind of joined up approach across our regions.


Nigel Sprunt:

And you talk about that globally mobile, and one of the things that I think we can offer is having people on the ground to help. I mean, we are a truly global Indian team. Is that not right?


Ruby Dalal:

Absolutely. Our India team spans across all of our international offices from US, Europe to APAC. We are regularly traveling out to India, strengthening our network with our local partners and also of course, meeting the clients.


Nigel Sprunt:

Yeah. Well, I'm very jealous that you two get out to India so often. It just remains for me to thank you both for giving us a flavour, just a flavour, but a flavour of the sort of stuff that we do for our Indian clients, both in India and around the world. Thank you.


Claire Harris:

Thanks very much.

A global perspective

How our India team can help around the world.

Track record

State Bank of India loan facility

Advising State Bank of India in a £300 million loan facility for the acquisition of The Old War Office, 57 Whitehall, London. The landmark property, located in the heart of Westminster, was acquired by The Hinduja Group in partnership with Spanish development company Obrascon Huarte Lain Desarrollos. The site has been converted into a luxury hotel.

ICC arbitration under share purchase agreement

Representing Japanese company in ICC arbitration in Singapore under share purchase agreement governed by Indian law.

Complex UK immigration and nationality applications

We advised an Indian citizen senior professional on retaining indefinite leave to remain in the UK following extensive absences due to COVID-19, and applied successfully to naturalise our client as a British citizen despite absences from the UK which far exceeded statutory limits. The application dealt with loss of Indian citizenship and timing of an Overseas Indian Citizen application, split families, job transfers to India and the US and a minor child applying to register as a British citizen.

Sports charity

Advising an international family on their philanthropic giving, including the establishment of a new sports charity to develop grassroots football in India and other countries. This has included creating and registering the new English charitable company, advising on engagement with an international NGO and existing Indian charities to ensure compliance with the Indian Foreign Contribution Regulation Act (FCRA), advising on the terms of relevant agreements, and on trademark registration and other brand protection mechanisms.

Nestlé v. Doe

Representing an amici curiae brief in support of Respondents in Nestlé v. Doe, a case in which the United States Supreme Court examined aiding-and-abetting liability of US companies and parent companies in relation to extraterritorial breaches of human rights relating to the use of child labour and human trafficking.

Lead tax advisor in over 20 transactions

in various asset classes, private equity, real estate, and alternative investments, from Singapore into Australia, Hong Kong, India, Japan, Korea, and New Zealand.

Government of India Jadhav Case

Advised the Government of India on the Jadhav Case (India v Pakistan) before the International Court of Justice (ICJ).

Government of India Rhingya refugees

Advised the Government of India on the petition filed in the Supreme Court regarding the Rhingya refugees.

Indian and Pakistan clients' wills

Advising a number of clients who are domiciled in India and Pakistan on the structure of their wills to maximise the possibility of tax treaties with the UK applying on death. This can protect UK assets from charges to UK inheritance tax notwithstanding the clients being UK deemed domiciled through long term residence.

Succession and trust planning

Assisting an ultra-high net worth family whose members are based in Hong Kong, India and the Philippines, and most of whom have overseas connections and assets, including in the UK, on succession and trust planning with a view to achieving efficient governance and global taxation.

Experience

Our team

Ruby Dalal

Ruby Dalal

Partner | London

Ruby Dalal

Partner | London

Commercial real estate

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Claire Harris

Claire Harris

Partner | London

Claire Harris

Partner | London

Private client and tax

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Nicolette Bostock

Nicolette Bostock

Partner | London

Nicolette Bostock

Partner | London

Immigration

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Jennifer Laurine Canavan

Jennifer Laurine Canavan

Partner | New Haven

Jennifer Laurine Canavan

Partner | New Haven

Private client and tax

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Stacy Choong

Stacy Choong

Partner | Singapore

Stacy Choong

Partner | Singapore

Private client and tax

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Pardeep Khosa

Pardeep Khosa

Partner | Singapore

Pardeep Khosa

Partner | Singapore

Litigation and Arbitration

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Gary Beh

Gary Beh

Partner | Singapore

Gary Beh

Partner | Singapore

Corporate

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David M Holland

David M Holland

Partner | London

David M Holland

Partner | London

Real estate

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Insight

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