### FAMILY MATTERS

Mutual Divorce

Contested Divorce

Contested Child Custody

### CIVIL AND COMMERCIAL

Monetary claim

breach of contract

Defamation

### PROBATE OF ESTATE

Grant of Probate or Grant of Letters of adminstration

Resealing Grant of Probate or Letters of Administration

Drafting Wills & Trust Deeds

### Our history

Kalpana & Partners is a boutique legal firm in Johor Bahru providing a broad spectrum of legal services to cater to your diverse individual and corporate needs.

Our services cover a wide range of areas including Family Law matters, Probate and Estate Administration, Insolvency, Corporate &Commercial Law, Civil Disputes, Construction Disputes, Litigation and Mediation.

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what we are doing

## Our Services

01 FAMILY MATTERS 02 CIVIL AND COMMERCIAL 03 PROBATE AND ADMINISTRATION OF ESTATE

### FAMILY MATTERS

- Mutual Divorce

  Where both parties are agreeable to settle their marital issues amicably and intend to dissolve the marriage and settle the issues of custody, care and control, access and division of matrimonial assets without resorting to litigation.

  We will assist you to file for a Mutual Joint Divorce application and extract the consent order. We have a fixed fee arrangement for 100% uncontested divorce matters,

  We also offer the following services (among others):-

- Contested Divorce (including High Net worth)

  We will help you obtain divorce by conducting the trial. We will help you to fight for the division of assets, properties, and custody of the children. We will help you obtain divorce by conducting the trial. We will help you to fight for the division of assets, properties, and custody of the children.

- Contested Child Custody

  We will advise you on the law and remedies available and fight for the custody, control and care of the child/children accordingly.

- Adultery

  We will advise you on your rights and remedies available and with sufficient evidence you can cite the adulterous party in the divorce petition and seek for compensation / damages.

- Nullity

  This is an application to declare the marriage null and void in the event of:-

  - Either the husband or the wife refuses to consummate the marriage; or
  - The wife was pregnant with a child due to a third party which the husband was not aware of at the time of marriage; or
  - Either party was suffering from a venereal disease; or
  - Either party was incapable of consummating the marriage.
- Mediation

  We also offer mediation services for couples who wish to resolve their dissimilarities in a friendly environment.

- Other services:-
  - Deed of Separation
  - Variation of Orders
  - Personal Protection Orders
  - Adoption
  - Judicial Separation

### CIVIL AND COMMERCIAL

- Monetary Claims

  We will advise and prepare the necessary to enable you to recover your money from the other party or to defend a claim by the other party against you, as the case maybe.

- Breach of Contract

  We will give advice whether your contract has been breached, the remedies available to you both according to your contract and the law. We will inaugurate the necessary proceedings for you to obtain remedies and justice under the law.

  We also arrange and conduct without prejudice meetings between you and the other parties to talk, negotiate and explore the possibility of a friendly settlement. This may save both parties’ time, costs and relationship.

- Company Matters

  We will evaluate the situation and advise you whether there has been a breach of fiduciary duty and what are the remedies available to you as an individual or as a Company against the other parties. We also arrange and conduct without prejudice meetings between you and the other parties to negotiate and explore the possibility of an amicable out of court settlement.

- Agreements (Simple & Complex)

  We will guide and prepare both simple and multifarious agreements to protect your interest and rights. We also arrange and conduct without prejudice meetings between you and the other parties to negotiate the terms of the Agreement.

- Employment Issues (e.g. Constructive dismissal / Unfair Termination of Employment)

  If you are the Employer, will advise you on whether your employee has been acting in breach of the employment contract and the employment law in Malaysia. We will conduct and commence the necessary proceedings to protect the confidentiality of your company information and clients.

  If you are the Employee, we will advise you whether your employer has acted in breach of the employment contract and the employment law in Malaysia. We will assess the situation and advise you whether your employment has been unfairly terminated and whether there is any outstanding monies your employer owes you under your employment contract or under the law.

- Defamation

  Defamation is demarcated as the use of words or media to portray a person in a destructive light such that it affects their name. The information presented could be false, untrue and be exaggerated. A person, business or company can be sued for defamation on the grounds of destroying a person’s or organisation’s reputation, social standing and image.

  If you are defamed, we will advise you on the remedies available or if you are accused for defaming a person, business or organization, we will defend you.

- Arbitration

  We also provide arbitration services for parties who do not wish to pursue their matter in the Courts and who are bound to bring their disputes to arbitration as per their contracts.

- Mediation

  We also provide mediation services for parties who wish to resolve their differences in a friendly environment.

- Other services:-

  We also provide an in-depth dispute resolution and practical guidance when it comes to civil & general litigation interests such as:

  - Personal Injury
  - Contract Disputes
  - Properties & Land Disputes
  - Nuisance
  - Discharge from Bankruptcy
  - Medical & Dental Negligence
  - Tortious Claims

### PROBATE AND ADMINISTRATION OF ESTATE

- Grant of Letters of Administration

  When a person dies, he will leave behind monies in the bank, fixed-deposits, his properties and other things. He may or may not have made a Will. The family members of the decease i.e, the spouse, children or parents must engange a lawyer to obtain a Court Document known as Grant of Probate (if there is a Will) or Grant of Letters of Administration (if there is no Will).

- Resealing of Grant of Probate or Letters of Administration

  If you have already obtained a Grant of Probate or Grant of Letters of Administration in another Country and want to use that Court Document in Malaysia, that document must be resealed in Malaysian Courts.

- Estate Distribution

  Upon obtaining the Grant of Probate or Grant of Letters of Administration, we also will assist in distributing to the beneficiaries and obtain receipt for you. We will do all the work for you from A to Z and make sure you do not face any issues or problems.

  If there are houses or properties such as lands, we will transfer it to the beneficiaries’ name.

  If you require the property be sold, we will provide the required assistance for you, by appointing agents, doing the valuation, and after selling, distribute the proceeds of sale to the beneficiaries.

- What documents to being when seeing a Lawyer to obtain a Grant?
  - Death Certificate Extract;
  - Will (if there is one);
  - Identity Card of Trustee or Administrator; and
  - Identity Cards of all the Beneficiaries.
  - List of movable and immovable assets
- Drafting of Wills & Trust Deeds

  We will advise you of the procedures and prepare a Will for you. You need to provide us with information on your assets, what you own, who you wish to give to and how you want to divide so that we can prepare the Will for you.

  We can do it within 5 working days for you. If you want the Will prepared on an urgent basis on within a day,it can be done as a special service provided you have all the necessary information.

  We will also advise you on the safekeeping of your Will.

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## We are here to help you with

### Law questions / Attorney / Civil Rights & Attorney / Family Law

About Our Lawyer

#### Ms. KALPANA KUMARA

LLB (Hons) London, CLP

- PHONE: +019 245 5571
- E-MAIL: inquiry@kalpanapartners.com.my

### Education & Court Admission

Kalpana was admitted and enrolled as an advocate and solicitor of the High Court of Malaya in 2009. She completed her law degree at University of London (hons) in 2007 and obtained her Certificate in Legal Practice (CLP) in 2008. She is the founder and the managing partner of Kalpana & Partners.

During her early period of practice, Kalpana handled numerous contentious litigation matters including commercial & corporate litigation, banking litigation, construction litigation, debt recovery, bankruptcy and insolvency, employment, family and other general litigation matters.

Kalpana has extensive experience in all aspects of Matrimonial Law, including Contested & Uncontested Divorce and Mediation. Other areas include preparation of Deed of Separation and advising clients on other matrimonial issues such as Domestic Violence & Home Exclusion, Child’s Custody & Support, Matrimonial Assets Division and Maintenance.

She takes personal effort to ensure that her clients get her personal and specialised attention and goes beyond her obligations as her lawyer to aid her clients and ex-clients to get back on their feet by collaborating with relevant institutions like counselling and mediate centres for post-divorce recovery.

Her empathetic nature and extensive experience have gained her the trust and respect of many satisfied clients.

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