Khaitan & Co

Firm Overview: 
Founded in 1911, Khaitan & Co is a top tier heritage Indian firm of lawyers and trusted advisers to leading business houses, multinational corporations, global investors, financial institutions, governments and international law firms. The firm is uniquely positioned with over 700 professionals and around 175 partners equipped with diverse skills and experience on high profile and path breaking engagements, and offices pan-India (Bengaluru, Chennai, Kolkata, Mumbai, and New Delhi). The firm opened its first international office in Singapore this year.

The firm’s centennial presence has been an enriching journey right from its origin with founder, Mr. Debi Prasad Khaitan who was one of seven members of the Constituent Assembly who framed the Constitution of India in 1949 to date – as an internationally recognised law firm and an ideal employer. The firm closely collaborates with an established network of international law firms to support cross-jurisdictional needs of domestic and foreign clients.

Private Client Practice:
The firm has a recognised and well-established private client practice group, which comprises professionals with strong expertise pertaining to trusts, taxation, wills and other testamentary instruments, obtaining probates, approvals from regulators, advice pertaining to corporate and securities laws and court related dispute resolution.

The firm's private client practice group advises a range of national and international clients including promoters of major corporates, global Indian families, HNIs, trustees, banks and financial institutions with respect to their private client needs and family office requirements.

The firm's Partners (listed below) have been consistently named as leading lawyers in their practice areas.

• Mr. Pradip Kumar Khaitan
• Mr. Haigreve Khaitan
• Mr. Rajiv Khaitan
• Ms. Bijal Ajinkya
• Mr. Anuj Shah
• Mr. Harsh Parikh
• Ms. Aditi Sharma
• Ms. Shabnam Shaikh

The team is spread across the firm's various offices and draws upon expertise in other areas of practice, including corporate, real estate, tax, exchange control, securities law, banking & finance/insolvency, intellectual property, and litigation depending on the client’s requirements.

The firm's team members are regular speakers at both international and domestic fora on estate planning, succession and asset protection issues and regularly contribute to several esteemed publications on matters of estate planning and asset protection.

The Firm's Approach:
Given its centurion presence, the firm has been a trusted advisor to dynastic family businesses ably representing founder-entrepreneurs as well as their businesses. Technology, knowledge management and systematic learning programs have been key drivers for innovation. The primary focus is to assist clients in creating a succession framework balancing  diverse family needs and strategic business goals.

The firm has therefore adopted an approach whereby it first understands the client needs and based on their requirements and special circumstances provides strategic advice to cater to each unique situation. Having advised clients with respect to their global assets and families, the firm understands international jurisprudence and laws. This encompasses working as a team with offshore private client lawyers to resolve any conflict between the laws of different jurisdictions. Being well connected with wealth advisors, private client lawyers and trustees, it enables a smooth execution of the succession plan in a time and cost-efficient manner. The firm focuses on forging strong client connects anchored in trust, mutual respect and understanding.

As family advisors, the firm's private client practice group blends the family vision, philosophy and strategy to create a succession plan compliant from a legal, regulatory and tax perspective. It draws from its rich experience to proactively highlight and resolve unidentified issues, thus preventing crises. The firm's integrated approach to draw upon the expertise from other practice areas helps clients find a solution to their varied issues. The firm combines its knowledge, skill, experience, and relationships to provide comprehensive advice from structuring to implementation. The firm has and continues to adopt a ‘complementary approach’ with the client’s in-house or external trusted advisors.

The Firm's Experience: 

• General advice on succession, asset protection and estate planning
• Tax and regulatory advice for the global Indian family
• Structuring and reorganisation of family business ownership and management
• Representing clients before Regulators for UHNI promoters with listed enterprises
• Advising and drafting Family Constitutions, Family Charters, Family Settlements
• Strategising resolution of family disputes
• Advice relating to structuring of trusts, both in India and offshore
• Multi-jurisdictional tax planning for private clients and their family businesses
• Structuring acquisitions of international real estate, brokerage accounts, overseas insurance policy (jumbo life, PPLI)
• Citizenship and residency planning
• Advice on issues arising out of specific laws, such as forced heirship rules, community property rules, etc
• Drafting of wills, trust deeds and other such testamentary documents
• Advice with respect to pre-nuptial agreements and spousal trusts; and
• Project management for transmission of assets – India and offshore