Legal Questions Answered (409 Real Questions) — Marriage, Divorce, Property, Rent, Police, Documents & More

Before you read: these answers are general information about Indian law, written carefully and reviewed on the date above. Laws, rules and fees change, and every case turns on its own facts. For your own matter, talk to our team; for court work, find an advocate — the advocate’s fee is agreed and paid between you and the advocate directly. Questions about our own services, prices and timelines are answered on our service FAQ page.

Marriage, court marriage and registration

37 questions

What is the legal age for marriage in India?

Twenty-one for a man and eighteen for a woman. The Prohibition of Child Marriage Act, 2006 sets these ages for everyone, whatever their religion, and the same ages appear in the Hindu Marriage Act and the Special Marriage Act. A marriage in which either party is under age is a child marriage: it is voidable at the option of the party who was a child, and the adults who arrange or perform it can be prosecuted. Registrars and Marriage Officers check age proof, so an under-age application will be refused. See our court marriage page for the full list of conditions.

Can cousins marry each other in India?

For Hindus, generally not, unless a custom of the community permits it. The Hindu Marriage Act prohibits marriage between persons within the degrees of prohibited relationship and between sapindas — broadly, relatives within three generations on the mother’s side and five on the father’s side — unless a valid custom allows it. The Special Marriage Act has its own list of prohibited relationships. Muslim personal law permits marriage between first cousins. Because the answer depends on the exact relationship and on custom, speak to us before booking a ceremony or giving notice.

Does a live-in relationship have legal protection in India?

Some. Two adults living together without marriage commit no offence, and courts have recognised the right to do so. A woman in a “relationship in the nature of marriage” can seek protection, residence and maintenance under the Protection of Women from Domestic Violence Act, and children born of a long live-in relationship have been treated as legitimate for many purposes. But a live-in partner does not automatically inherit, and the protections depend on the facts. A written live-in agreement helps record what the partners intend about money and property.

How can I download my Delhi marriage certificate online?

If your marriage was registered through the Delhi government’s online system, the certificate can usually be downloaded from the same revenue department portal using your application or registration number, after the Sub-Divisional Magistrate has approved it. A downloaded certificate carries a verification feature and is accepted for most purposes. Older certificates issued on paper may have to be obtained as a certified copy from the office that registered the marriage. Our Delhi marriage registration guide explains the online process.

We married in another state. Do we have to register again in Delhi?

No. A marriage validly registered in any state is valid across India, and the certificate from that state is sufficient proof everywhere. You do not need to register the same marriage again in Delhi. If the marriage was solemnised elsewhere but never registered, you can register it where the rules allow — usually where it was solemnised, and in some cases where either spouse lives. We check which office will accept your application before you travel.

What documents prove a marriage if there is no certificate?

Courts and offices accept a range of evidence: photographs and videos of the ceremony, the wedding invitation card, a certificate from the temple, gurudwara, church or other place of marriage, affidavits of relatives and witnesses who attended, joint bank accounts, joint property or rent documents, children’s birth certificates naming both parents, and records showing the couple lived together as husband and wife. Registering the marriage now, even years later, turns all of that into one certificate. See our marriage registration page.

Can a marriage be registered if one partner is not present in India?

Not in the usual way. Both spouses normally have to appear in person before the registrar or Marriage Officer, with witnesses, to sign the register and confirm consent. A power of attorney cannot be used to marry or to register a marriage on someone’s behalf. If one partner is abroad, plan the registration during a visit to India, or consider marriage under the Foreign Marriage Act at an Indian mission. Our NRI marriage page explains the options.

Is a marriage performed at home or in a hotel valid?

It can be. For Hindus, what makes a marriage valid is performing the customary rites and ceremonies of either party, not the place. A marriage with the proper rites at home, in a hotel or at a banquet hall is as valid as one in a temple. Under the Special Marriage Act, the marriage can be solemnised at the Marriage Officer’s office or, on payment of extra fees, at another place within reasonable distance. In every case, register the marriage afterwards so that you have a certificate.

What happens if a marriage is declared void?

A void marriage is treated as if it never existed in law, so neither party has the rights of a spouse, such as inheritance from the other. But the law protects children: children of a void or annulled marriage are treated as legitimate under the Hindu Marriage Act and the Special Marriage Act, and are entitled to inherit the property of their parents. Maintenance may still be claimed in some circumstances. Whether a marriage is void is decided by a court; speak to an advocate before acting on the assumption that it is.

Can a Hindu marry a non-Hindu without converting?

Yes, under the Special Marriage Act, 1954. It allows any two persons, whatever their religion, to marry by a civil ceremony before a Marriage Officer, without either converting. Both keep their own religion. The Act requires thirty days’ residence in the district and thirty days’ notice, and three witnesses at solemnisation. Several states now have laws regulating religious conversion, which is another reason couples prefer the civil route. Our court marriage guide explains each step.

Is a Hindu marriage valid if the saptapadi was not performed?

It depends on the customs of the parties. The Hindu Marriage Act says a Hindu marriage may be solemnised according to the customary rites and ceremonies of either party, and that where those rites include the saptapadi, the marriage becomes complete when the seventh step is taken. Where the community’s custom recognises a different ceremony, such as the Anand Karaj for Sikhs or a customary form in some regions, that ceremony is enough. A registration certificate does not cure a marriage at which no valid ceremony took place, so the ceremony itself matters.

Is same-sex marriage legally recognised in India?

Not at present. In October 2023, the Supreme Court declined to read a right to marry for same-sex couples into the Special Marriage Act, holding that the change was for Parliament. The court recognised that queer persons have the right to choose a partner and cohabit without harassment, and the government set up a committee to look at practical entitlements such as joint accounts and nominations. A transgender person in a relationship with a person of the opposite gender can marry under existing marriage laws.

Can a widow or widower remarry, and do they lose any rights?

Yes, both can remarry freely; Hindu law has permitted widow remarriage for more than a century. A widow’s share inherited from her late husband does not generally go back on remarriage under the present Hindu Succession Act. Pensions and some government benefits payable to a widow may have their own rules about remarriage, so check the scheme. For a smooth registration, keep the death certificate of the former spouse ready.

How soon can a divorced person remarry?

For Hindus, once the divorce decree is final: either no appeal has been filed within the time allowed, or any appeal has been dismissed. Remarrying during a pending appeal risks the second marriage being questioned. For a mutual consent divorce, where neither side intends to appeal, parties often wait for the appeal period to pass for safety. Muslim women observe the iddat period under personal law. Keep a certified copy of the final decree for the registrar.

Can a child marriage be cancelled later?

Yes. A child marriage is voidable at the option of the party who was a child at the time. That person can file a petition to annul it at any time before completing two years after attaining majority. The court can order maintenance for the girl and custody and maintenance of children. Some child marriages, such as those involving trafficking or force, are void from the start. Child marriage is also a punishable offence for those who perform or arrange it.

Does marrying into another caste change a person’s caste status?

No. The Supreme Court has held that caste is determined by birth and does not change by marriage. A woman from a general category who marries a man from a Scheduled Caste does not become entitled to reservation benefits meant for that caste. Children’s caste status is decided on the facts, including their upbringing. Inter-caste couples may, however, be eligible for incentive schemes meant to encourage such marriages.

Can relatives act as witnesses to a marriage?

Generally, yes. Witnesses need to be adults of sound mind who were present at the ceremony or the solemnisation and who carry valid identity proof. Parents, siblings, cousins and friends all commonly act as witnesses. Some offices prefer at least one witness who is not a close relative, and the Special Marriage Act requires three. Witnesses sign the register and may be asked to confirm their presence, so choose people who will be available on the date.

Can a marriage be registered after one spouse has died?

Registration normally requires both spouses to appear and sign, so a marriage cannot be registered in the usual way after one spouse’s death. The surviving spouse can still prove the marriage by other evidence — photographs, invitation cards, witnesses, joint documents, children’s birth certificates — and courts can declare the marriage for purposes such as inheritance or pension. This is one of the strongest reasons to register a marriage soon after the ceremony.

Is a marriage abroad by an Indian couple valid in India?

Generally, yes, if it was valid under the law of the country where it took place and did not break Indian rules on age, capacity and prohibited relationships. Indian couples abroad can also marry before an Indian consular officer under the Foreign Marriage Act. Keep the foreign marriage certificate, apostilled or attested as required, so that Indian authorities can accept it.

Can parents file a police case against an adult daughter who married by choice?

Parents sometimes file missing-person or kidnapping complaints when an adult daughter marries against their wishes. If she is an adult and married of her own free will, no offence is committed, and the police cannot force her to return home. Courts regularly hear habeas corpus petitions in such cases, record the woman’s statement, and let her go with her husband if she wishes. Couples who fear such complaints should keep proof of age and the marriage certificate with them, and can seek police protection. Our court marriage guide explains the protection available to couples.

Is demanding dowry after the wedding also an offence?

Yes. The Dowry Prohibition Act punishes demanding dowry, directly or indirectly, from the parents, relatives or guardians of a bride or bridegroom, whether the demand is made before, at or after the marriage. Giving and taking dowry are also offences. Harassment connected with dowry demands can amount to cruelty under the Bharatiya Nyaya Sanhita, and a death within seven years of marriage in suspicious circumstances linked to dowry harassment is treated as dowry death. Keep messages and record dates of demands. See our guide to dowry death and cruelty.

Can we marry if we are both from different states and live in Delhi on rent?

Yes. Your home states do not matter; what matters is the route. For registration of a Hindu marriage in Delhi, the marriage should be solemnised in Delhi or at least one of you should be resident within the registrar’s area as the rules require, with a rent agreement usually accepted as proof. For a Special Marriage Act marriage, at least one of you must have lived in the Delhi district for thirty days before notice. Our Delhi court marriage guide explains the residence proof accepted.

Is an online or video marriage valid in India?

Generally not. Indian marriage laws require the parties to be present for the ceremony or the solemnisation, and registrars require both spouses to appear with witnesses. Some courts have allowed parties who were separated by distance to register an already solemnised marriage by video in exceptional cases, but a marriage conducted entirely over a video call is not an established form of valid marriage.

What is the difference between a marriage certificate from a temple and from the government?

A temple, gurudwara, church or mosque may issue a certificate that a ceremony took place, which is good evidence of the ceremony. The government marriage certificate is issued by the registrar after registration under the applicable law and the state’s rules. Authorities such as the passport office, embassies and banks usually ask for the government certificate. Our Arya Samaj marriage page explains how both are obtained.

Can a Sikh marriage be registered under the Anand Marriage Act?

Yes. Sikh marriages solemnised by the Anand Karaj ceremony are recognised under the Anand Marriage Act, and the 2012 amendment provides for their registration under state rules. Where a state has not framed rules, Sikh marriages have commonly been registered under the Hindu Marriage Act or the state’s compulsory registration order. Delhi registers such marriages through the same revenue department process.

Can a Christian couple marry in court?

Christian marriages are usually solemnised in church under the Indian Christian Marriage Act by a licensed minister, or before a Marriage Registrar under that Act. A Christian couple, or a couple where one partner is Christian, can also marry under the Special Marriage Act by a civil ceremony. The church marriage register entry is the primary proof of a church marriage, and it can then be registered under the Delhi compulsory registration order.

How is a Muslim marriage (nikah) registered in Delhi?

A nikah is a contract under Muslim personal law, recorded in a nikahnama signed by the parties, witnesses and the qazi. Under the Delhi compulsory registration order, the marriage can be registered with the Sub-Divisional Magistrate on the basis of the nikahnama, identity and age documents and witnesses. A Muslim couple can also register the marriage under the Special Marriage Act if they meet its conditions.

Can we choose the Special Marriage Act even if we are both Hindus?

Yes. The Special Marriage Act is open to any two people, including two Hindus who prefer a civil marriage without religious rites. But note that a Hindu couple marrying under it continues to be governed by Hindu succession law, and the Act’s thirty-day notice applies. Many Hindu couples choose it for privacy or simplicity. Our Special Marriage Act page explains the effects.

Do both of us need an Aadhaar card for marriage registration?

Aadhaar is the most commonly used identity and address proof, but it is not the only document accepted. Passports, voter identity cards, driving licences and other government-issued documents are generally accepted for identity, and a birth certificate or school certificate for age. For foreign nationals, the passport is used. Check the current list of documents for the office concerned.

What if our names are spelt differently in our documents at marriage registration?

Differences in spelling between Aadhaar, school certificates and other documents are common and often delay registration. Where the differences are minor, a declaration or affidavit that the names refer to the same person usually resolves it. Correcting the main records before applying avoids problems later, because the marriage certificate will be used for passports and visas. See our one and same person affidavit guide.

Can a marriage be registered if the bride or groom has been married before?

Yes, if the earlier marriage has legally ended by divorce or the death of the former spouse. The registrar will ask for the final divorce decree, with proof that the appeal period has passed, or the death certificate. An affidavit of marital status is usually taken. Registration of a marriage where an earlier marriage subsists will be refused, and the marriage would be void.

Does the Special Marriage Act notice list our address publicly?

The notice includes names, ages, occupations and addresses of the parties and is displayed in the Marriage Officer’s office, and a copy is sent to the district of permanent residence where required. This is intended to allow objections, but it can expose couples facing opposition. Practice about publication, including online display, varies. If privacy matters for your safety, discuss it with us before giving notice.

What should we check before booking a marriage ceremony service?

Check that the organisation is genuine and reachable, that the ceremony will be performed by a qualified priest or officiant with proper records, that original age and identity documents will be verified, and that registration with the government registrar is arranged, not just a private certificate. Be wary of promises of instant certificates without appearance, or of a same-day Special Marriage Act marriage, which the law does not allow.

Can a divorced woman’s children take their stepfather’s surname?

A child’s surname can be changed with the consent of the guardian, through an affidavit, newspaper publication and gazette notification, followed by applications to the school and other offices. Where the biological father is alive and has rights, disputes about the child’s name are decided by courts in the child’s interest. A name change does not by itself create adoption or inheritance rights; a formal adoption is needed for that.

Is a marriage certificate needed for a spouse visa?

Almost always. Embassies ask for a government-issued marriage certificate, often apostilled or attested, along with photographs and other evidence that the marriage is genuine. A temple or religious certificate alone is rarely enough. Register the marriage early if a visa application is planned. Our visa affidavit guide explains other documents embassies commonly ask for.

Can a court marriage be done on a weekend?

Solemnisation and registration by the Marriage Officer or registrar take place on the office’s working days and hours, which usually exclude Sundays and public holidays. A religious ceremony can be performed on any day and registered later on a working day. Plan dates with the office’s calendar and your witnesses’ availability in mind.

Can a marriage be registered in a district other than where we live in Delhi?

For registration of a Hindu marriage in Delhi, the application is generally made to the Sub-Divisional Magistrate for the area where the marriage was solemnised or, as the rules allow, where either spouse resides. For the Special Marriage Act, notice must be given in the district where one of you has lived for thirty days. Choosing the right office at the start avoids rejection.

Divorce, maintenance and family disputes

32 questions

Can I get a divorce if my spouse does not agree?

Yes, by filing a contested petition on a ground the law recognises. Under the Hindu Marriage Act these include cruelty, adultery, desertion for two years, conversion, serious mental disorder and others. The spouse cannot block the divorce simply by refusing, but must be served and heard, and the case takes longer than a mutual divorce. The Supreme Court has also held that it can dissolve a marriage that has irretrievably broken down, using its special powers, in appropriate cases. A contested divorce is court work for your advocate; you can find an advocate through our directory.

Who pays maintenance, and how is it calculated?

Courts order maintenance for a wife, children or parents who cannot maintain themselves, payable by the person with the means and the duty to support them. There is no fixed formula; courts look at the income and assets of both sides, the standard of living, the needs of the claimant and the children, and other obligations. The Supreme Court has required both sides to file affidavits disclosing their income and assets. Maintenance can be claimed under the BNSS, the Hindu Adoptions and Maintenance Act, the Domestic Violence Act and in divorce proceedings. See our BNSS section 144 guide.

Who gets custody of a child after divorce?

The court decides on the basis of the child’s welfare, which is the paramount consideration, not the rights of either parent. For Hindus, the law provides that custody of a child under five should ordinarily be with the mother. Courts consider the child’s age, wishes if old enough, schooling, stability and each parent’s ability to care. The parent without custody is usually given visitation rights. Parents can also agree on custody in a mutual divorce, and courts generally accept a reasonable agreement.

Can a wife live in her husband’s house after a dispute?

Very often she can. A married woman who faces domestic violence has a statutory right not to be thrown out of the home she shared with her husband, even when the house is not in her name. The magistrate can restrain the husband and his relatives from dispossessing her, direct them not to disturb her possession, or order the husband to arrange alternative accommodation of the same standard. The home need not belong to the husband; a house of his parents where the couple lived together can qualify. The right protects her residence; it does not make her an owner. See our domestic violence law guide.

Is triple talaq valid in India?

No. The Supreme Court declared instant triple talaq (talaq-e-biddat) unconstitutional in 2017, and the Muslim Women (Protection of Rights on Marriage) Act, 2019 made pronouncing it void and a punishable offence. A Muslim woman to whom it is pronounced is entitled to subsistence allowance for herself and her children and to custody of minor children. Other forms of divorce under Muslim personal law continue to be recognised, subject to their conditions.

What is the CAW Cell and when should I approach it?

The Crime Against Women Cell of the Delhi Police deals with complaints of cruelty, dowry harassment and marital disputes, and often tries counselling and mediation between the parties before a case is registered. Many matrimonial disputes are settled there. Where the complaint discloses an offence and settlement fails, an FIR can be registered. Our guide to the Delhi CAW Cell explains the process, what to expect at the first meeting and what documents to take.

What can a husband do if he faces a false dowry or cruelty case?

Stay calm and act through the law. Do not contact the complainant in a way that could be seen as pressure. Collect evidence of the real facts — messages, emails, bank records, witnesses. Where arrest is feared, an advocate can seek anticipatory bail, and the Supreme Court has directed that arrests in such cases should not be automatic. Proceedings that are clearly false can be challenged before the High Court. Our guides to section 85 BNS and anticipatory bail explain the law.

Can a divorce case be filed online or heard by video?

Courts across India now allow electronic filing in many categories, and family courts frequently hold hearings, counselling and mediation sessions by video conference, particularly where one party lives abroad or in another city. In a mutual divorce, courts have allowed parties to appear by video in appropriate cases. Practice differs between courts and judges, so your advocate will tell you what the particular family court permits.

Do we need an affidavit for a mutual consent divorce?

Yes. The joint petition is supported by affidavits of both parties, and the settlement terms — alimony, return of articles, custody, withdrawal of other cases — are usually recorded in writing and verified. The court also records the statements of both parties at each motion. We prepare the divorce affidavits and settlement documents; the petition is filed and argued by an advocate you engage directly.

Is a settlement signed before the police or a mediator binding?

A written settlement between the parties is a contract and is binding on them, and settlements reached in court-annexed mediation or before a Lok Adalat carry additional weight. But some consequences — divorce, withdrawal of a criminal case, custody — still need orders of the court. Settlements should be carefully drafted, list every pending case and every payment with dates, and be placed before the court concerned. A family settlement agreement is the usual document for property.

What is restitution of conjugal rights?

It is a petition by a spouse asking the court to direct the other spouse, who has withdrawn from the marriage without reasonable excuse, to resume living together. It is available under the Hindu Marriage Act and the Special Marriage Act. A decree cannot be physically enforced, but if it is not obeyed for a year, either party can seek divorce on that ground. The remedy is sometimes used strategically, and whether to file it is a decision to take with your advocate.

Can a working wife still claim maintenance?

Yes, in appropriate cases. The question is not whether she earns at all, but whether her income is enough to maintain herself at the standard she was used to in the marriage. Courts compare the incomes and assets of both spouses and the needs of any children. A small or irregular income does not automatically defeat a claim, while a substantial independent income may reduce or rule it out.

Can a husband claim maintenance from his wife?

Under the Hindu Marriage Act, yes. Either spouse who has no independent income sufficient for support can claim interim maintenance during proceedings and permanent alimony on a decree, against the other spouse who has means. The maintenance provision in the criminal procedure law, by contrast, applies to a wife, children and parents, not to a husband claiming from a wife. Courts look at earning capacity as well as actual income.

Is a divorce granted by a community or religious body valid?

For Hindus, generally not, unless a divorce by that customary method is recognised for the community and proved. A marriage under the Hindu Marriage Act or the Special Marriage Act is ordinarily dissolved only by a decree of a court. A paper signed before a panchayat or community elders, without a court decree, can leave both parties still legally married, and remarrying on its strength risks a bigamy charge.

What happens to a joint home loan after divorce?

The loan remains the joint liability of both borrowers towards the bank, whatever the spouses agree between themselves. If one spouse is to keep the house and pay the loan, the bank must agree to release the other from the loan, and the property transfer between spouses must be documented properly. Settlement agreements should deal with the loan, the title and the EMI payments in clear terms.

Is the husband’s family liable to maintain a separated wife?

Generally, the duty of maintenance is the husband’s. His parents and relatives are not ordinarily liable to maintain his wife from their own property, though her right to reside in the shared household can extend to a house owned by them where the couple lived. A Hindu widow may claim maintenance from her father-in-law in some circumstances out of property he inherited from her husband’s family.

Can a Hindu couple adopt a son if they already have one?

Not under the Hindu Adoptions and Maintenance Act. A Hindu cannot adopt a son if they already have a Hindu son, grandson or great-grandson living, and cannot adopt a daughter if they have a Hindu daughter or son’s daughter living. These restrictions do not apply to adoption under the Juvenile Justice Act through the central adoption authority, which is open to people of all religions and has its own eligibility rules on age, marital stability and health. Our adoption deed guide compares the two routes.

Can a single woman or a single man adopt a child?

A single woman can adopt a child of either gender. A single man can adopt, but under the adoption regulations framed under the Juvenile Justice Act, he is not eligible to adopt a girl child. Hindu law also permits adoption by a single Hindu woman or man, with restrictions on a man adopting a daughter based on the age difference. Prospective parents must meet age and financial criteria, and the process involves a home study and a court or district magistrate order.

Does selling a minor child’s share in property need court permission?

Yes, for Hindus. The natural guardian of a Hindu minor cannot sell, mortgage or gift the minor’s immovable property, or lease it for more than a specified period, without the previous permission of the court, and the court grants permission only for the minor’s necessity or evident advantage. A sale without permission can be set aside by the minor. Buyers of family property where a minor has a share should insist on seeing the court’s order.

Can a divorce be filed in the city where the wife now lives?

Under the Hindu Marriage Act, a divorce petition can be filed where the marriage was solemnised, where the respondent lives, where the couple last lived together, or, where the wife is the petitioner, where she is residing on the date of filing. The Supreme Court also frequently transfers cases filed by husbands to the court where the wife lives, for her convenience.

How much alimony is usually given in a divorce?

There is no fixed percentage. Courts decide permanent alimony by looking at the income, assets and liabilities of both spouses, the duration of the marriage, the standard of living, the conduct of the parties, and the needs of any children. In mutual divorces, the parties negotiate a figure, often a one-time settlement. The Supreme Court has laid down factors to guide these decisions, and full disclosure of income and assets is required.

Is a one-time settlement better than monthly maintenance?

It depends. A one-time settlement gives certainty and a clean break, avoids enforcement problems if payments stop, and is common in mutual divorces. Monthly maintenance adjusts more easily to changes in circumstances and suits cases where the paying spouse has income but no capital. Tax, the security of the payment and the needs of children all matter. Record whichever is agreed clearly in the settlement.

Can a court order a husband to pay the wife’s legal expenses?

Yes. Under the Hindu Marriage Act and similar laws, a spouse without sufficient independent income can ask the court for litigation expenses as well as interim maintenance during the proceedings, payable by the other spouse. The court decides the amount considering both parties’ means.

What happens to children’s schooling expenses after divorce?

Courts treat children’s education as part of maintenance, and orders often specify school fees and related expenses separately, payable directly to the school or reimbursed. In settlements, parents usually record who pays what, until what age, and how major decisions about schooling are made. Clarity about higher education costs avoids later disputes.

Can a divorced wife live in the matrimonial home?

After divorce, the right to reside in the shared household under the Domestic Violence Act may continue in some circumstances, but generally a divorced wife’s housing is dealt with through maintenance and settlement terms. Where the house is jointly owned, ownership rights continue after divorce. Settlements should say clearly who keeps the home and on what terms.

Can mutual divorce be withdrawn after the first motion?

Yes. Either spouse can withdraw consent before the court passes the decree, and the Supreme Court has held that the court cannot grant a mutual consent divorce if one party withdraws consent before the second motion. Where one party has received money under a settlement and then withdraws, the court may pass orders to address the unfairness, but it cannot force the divorce.

Is it necessary to live separately under different roofs for a mutual divorce?

Living separately means not living together as husband and wife, which courts have held can sometimes be satisfied even under the same roof if the parties have no marital relationship. In practice, separate residences for at least a year are the usual evidence. The court will ask the parties to confirm the period of separation.

What is judicial separation?

Judicial separation is a court decree allowing spouses to live apart without dissolving the marriage. They remain married and cannot remarry, but are no longer obliged to cohabit. It is sought where divorce is not wanted, for example for religious or family reasons, or as a step before divorce. If the couple does not resume cohabitation for a year after the decree, either can seek divorce on that ground.

Does adultery still matter in divorce cases?

Adultery is no longer a crime since the Supreme Court’s 2018 decision, but it remains a ground for divorce under the Hindu Marriage Act and other marriage laws, and can affect maintenance in some circumstances. Proof usually rests on circumstantial evidence. Personal privacy considerations limit how evidence can be gathered.

Can grandparents apply for visitation of their grandchildren?

Courts deciding custody and visitation look at the child’s welfare, and they have in several cases allowed grandparents to meet grandchildren where this is in the child’s interest, particularly after a parent has died or where grandparents were closely involved in the child’s upbringing. The application is usually made in the custody proceedings.

Is a divorce by mutual consent possible if the husband is abroad?

Yes. The husband can sign the petition and affidavits abroad before an Indian mission or a notary with apostille, and courts in many cases allow the recording of statements by video conference. Some courts still require personal appearance at least once. An advocate in the court concerned will advise on its practice.

Can property be divided in the divorce itself?

Divorce courts decide maintenance, alimony, custody and return of stridhan, and can pass orders on property presented at the time of marriage belonging jointly to both spouses. Division of other jointly owned property, such as a flat bought together, is usually dealt with in the settlement agreement or in separate civil proceedings for partition.

Affidavits, notary and stamp paper

16 questions

What happens if someone makes a false affidavit?

Making a false statement in an affidavit is a serious matter. Knowingly stating something false on oath amounts to giving false evidence, which the Bharatiya Nyaya Sanhita punishes with imprisonment that can extend to seven years where it is made for a judicial proceeding, and to three years in other cases. The document can also be used against the person in civil proceedings. Never sign an affidavit you have not read, or that contains anything you are not sure is true.

Can an affidavit be made online without visiting a notary?

Drafting can be done online, but in general the person making the affidavit must sign it in the presence of the notary or oath commissioner, who verifies identity and administers the oath. Indian law has not yet adopted a general system of remote online notarisation. We prepare the affidavit online, arrange the e-stamp and schedule a short visit, or arrange notarisation at a convenient place, so that you spend as little time as possible.

What is self-attestation, and do I still need a gazetted officer’s attestation?

Self-attestation means signing a photocopy of your own document to certify that it is a true copy. The central government has encouraged departments to accept self-attested copies and self-declarations instead of attestation by gazetted officers or notaries, and most departments now do. Some offices, universities and foreign authorities still ask for notarised or officially attested copies. Check the specific office’s instructions; where attestation for use abroad is needed, see our apostille guide.

Can an affidavit be written in Hindi?

Yes. An affidavit can be made in Hindi, English or any language the person understands, provided the person making it understands its contents. Where the office that will receive it works in English, a translation may be needed, and for use abroad a certified translation is usually required. Our legal translation guide explains certified translations.

Is a notarised document the same as a registered document?

No. Notarisation confirms that the person signed before the notary and that the notary verified their identity. Registration under the Registration Act is a formal recording of the document by the Sub-Registrar, and is compulsory for certain documents relating to immovable property, such as sale deeds and leases for more than a year. A notarised sale agreement or gift deed does not transfer property. Our sale deed guide explains which documents must be registered.

Does an agreement written on plain paper have any legal value?

Yes, it can be a valid contract, but if the document is chargeable with stamp duty and is not stamped, it cannot be admitted in evidence or acted upon until the duty and a penalty are paid. That can mean paying up to several times the original duty. Getting the stamp right at the start is far cheaper. Our e-stamp guide explains how under-stamped documents are cured.

Is a thumb impression valid in place of a signature?

Yes. Indian law treats a mark, including a thumb impression, made by a person who cannot write as a signature. For important documents, the thumb impression should be attested by witnesses who can confirm the identity of the person and that the document was read over and explained to them. Registration offices capture thumb impressions as a matter of routine for registered documents.

Who can sign as a witness to an agreement?

Any adult of sound mind who is not a party to the agreement and who actually saw the parties sign. For wills, the witnesses should not be beneficiaries, because a gift to an attesting witness can fail. Witnesses should write their full name, address and the date. For documents likely to be disputed later, choose witnesses who will be available and willing to confirm the signing.

Can I use a scanned or photocopied affidavit?

Usually not as the original. Most offices ask for the original signed and stamped affidavit, and some will accept a copy only when it is attested or accompanied by the original for verification. For online applications, a scanned copy is uploaded, but the original may be called for at verification. Keep the original safe and make copies before submitting it anywhere.

How can I get a certified copy of a registered property document in Delhi?

By applying to the Sub-Registrar’s office where the document was registered, with details of the document — registration number, book, volume and date — and the prescribed fee. Delhi has made several registration services available online, including search and applications for certified copies in many cases. A certified copy is admissible as evidence of the registered document and is often used when originals are lost or for verification before a purchase.

What is a digital signature certificate and who needs one?

A digital signature certificate is an electronic key issued by a licensed certifying authority that lets a person sign documents electronically with legal validity. It is required for filing with the Registrar of Companies, for some GST and income tax filings, for e-tendering, and for signing certain government forms. Company directors and authorised signatories commonly need a Class 3 certificate. It is linked to the person’s identity, so never share it or its password.

What is an undertaking, and how is it different from an affidavit?

An undertaking is a written promise to do or not do something, often given to an institution, an employer or a court, such as a promise to produce a document later. An affidavit is a sworn statement of facts. An undertaking given to a court can be enforced through contempt proceedings. Some offices ask for an undertaking on stamp paper and notarised, which makes it look like an affidavit, but its purpose is different.

Can a minor make an affidavit?

Generally, affidavits are made by adults. Where facts about a minor must be stated, the parent or guardian makes the affidavit on the minor’s behalf, stating their relationship. Older minors sometimes swear affidavits in court proceedings with the court’s permission. For school and passport purposes, parents’ affidavits and declarations are used.

Does an affidavit need a photograph?

Not as a legal requirement, but many offices, such as passport authorities and some universities, ask for a photograph affixed and attested on specific affidavits, particularly those about identity and name. Check the office’s format. Where a photograph is required, the notary usually signs across it.

What is an indemnity bond and why do banks ask for it?

An indemnity bond is a promise to compensate the other party for any loss it suffers because it acted on your request, for example by issuing a duplicate document, releasing money to heirs without a succession certificate, or transferring shares. Banks and companies ask for it to protect themselves if a rival claimant appears. Our indemnity bond guide explains its contents and stamp duty.

Can an affidavit be corrected after it is notarised?

No. Once an affidavit has been signed and notarised, it should not be altered by hand. If there is a mistake, make a fresh affidavit. Handwritten corrections on a notarised affidavit can make it unacceptable and can raise questions about tampering.

Rent agreements and tenants

19 questions

What can a landlord do if a tenant refuses to vacate?

The landlord must use the law, not force. Cutting off water or electricity, changing locks or removing the tenant’s belongings can expose the landlord to criminal complaints. The usual steps are a written notice terminating the tenancy, followed by an eviction case before the appropriate court or rent authority, depending on the rent law that applies to the premises. A clear, properly stamped agreement with a fixed term and notice clause makes the case much stronger. See our leave and licence guide.

Can a landlord increase the rent in the middle of an agreement?

Not unless the agreement allows it. The rent fixed in the agreement binds both parties for its term. Most agreements provide for an increase on renewal, often a fixed percentage. A landlord who wants a higher rent mid-term can only negotiate; if the tenant does not agree, the landlord can decline to renew at the end of the term, giving the notice the agreement requires.

Do I need the landlord’s PAN to claim HRA?

If the rent you pay exceeds one lakh rupees in a financial year, employers generally ask for the landlord’s PAN to allow the house rent allowance exemption, along with rent receipts and, often, a copy of the rent agreement. If the landlord has no PAN, a declaration from the landlord is usually required. Tax rules changed with the new Income-tax Act from April 2026, so confirm the current requirement with your employer or chartered accountant.

Can a rent agreement be made online and signed electronically?

Rent agreements can be drafted online, e-stamped and signed with a valid electronic signature, and electronically signed agreements are recognised under the Information Technology Act. Where the agreement must be registered, registration still follows the Sub-Registrar’s procedure. Many landlords and tenants still prefer physical signatures with witnesses. We prepare the agreement online and arrange signing in the way that suits both parties.

Can a landlord enter the rented house without the tenant’s permission?

Generally, no. Once a tenant is in possession, the landlord should enter only as the agreement allows, usually on reasonable notice for inspection or repairs, or with the tenant’s consent. Entering without permission, removing belongings or changing locks can amount to criminal trespass and give the tenant civil remedies. A clear inspection clause avoids disputes.

Who pays for repairs in a rented house?

The agreement decides. Where it is silent, the general law places major repairs and structural defects on the landlord and minor, day-to-day upkeep on the tenant, who must return the premises in the same condition subject to normal wear and tear. Agreements usually list specific items — plumbing, electrical fittings, painting, appliances — to avoid argument.

Can a tenant sub-let the premises?

Only if the agreement allows it. Most rent agreements and leave and licence agreements prohibit sub-letting or sharing without the landlord’s written consent, and unauthorised sub-letting is a common ground for eviction under rent laws. If you want to share the premises with a flatmate or run a paying guest arrangement, get written permission. Our paying guest agreement guide covers PG arrangements.

What happens to my tenancy if the landlord sells the house?

A sale does not end a valid tenancy by itself. The buyer steps into the landlord’s position and is bound by the existing lease for its remaining term, and the tenant pays rent to the new owner once informed of the transfer. The deposit should be transferred to or settled with the buyer. A tenant who receives notice of a sale should ask for written confirmation of where rent is to be paid.

Can the landlord keep the deposit for painting and cleaning?

Only to the extent the agreement allows and the charges are reasonable. Normal wear and tear from ordinary use is not damage, and a deposit is not a fee for routine repainting unless the agreement clearly says so. Deductions should be for unpaid rent, unpaid bills and damage beyond wear and tear, supported by evidence. Photographs taken at the start and end of the tenancy settle most disputes.

Can a tenant be evicted for not paying rent?

Yes, non-payment of rent is one of the standard grounds for eviction under rent laws and a breach of any lease or leave and licence agreement. The landlord must still follow the legal procedure — notice, and then an application or suit before the appropriate authority or court — and cannot throw the tenant out personally. Under some rent laws, a tenant who deposits the arrears within the time allowed may avoid eviction on that ground. Keep a record of every rent payment.

Do I have to inform anyone when I rent my flat to a foreign national?

Yes. Indian law requires persons providing accommodation to foreign nationals to report their stay to the registration authorities within the prescribed time, generally through the online Form C system. Delhi Police also requires tenant verification. Failure to report can lead to penalties. Check that the foreign tenant holds a valid visa and passport, keep copies, and report changes when the tenant leaves.

Is a rent agreement valid if only the tenant has signed it?

An agreement should be signed by both landlord and tenant, and preferably by two witnesses. A document signed by only one party is at best evidence of that party’s acceptance, and may not bind the other. Offices that accept rent agreements as proof of address usually check the landlord’s signature too.

Can a landlord refuse to give a rent receipt?

A tenant is entitled to a receipt for rent paid, and some rent laws require landlords to give one. Paying by bank transfer or UPI creates an automatic record. If a landlord refuses receipts for cash payments, send a written request and keep your own record; for tax purposes, a written declaration signed by the landlord is often accepted.

What is a lock-in period in a rent agreement?

It is a period during which neither party, or only one, can end the agreement without paying a penalty, commonly the first few months. If the tenant leaves during the lock-in, the agreement usually requires rent for the remaining lock-in months. Check the lock-in period and its consequences carefully before signing, especially if your job may move.

Can a tenant stop paying rent if the landlord does not do repairs?

Stopping rent is risky, because non-payment is itself a ground for eviction. The safer course is to give written notice of the needed repairs, keep evidence, and where the agreement or the rent law allows, carry out essential repairs and adjust the cost against rent after notice. Discuss it with the landlord in writing first.

Can a landlord cut electricity or water to force a tenant out?

No. Cutting off essential supplies to force a tenant out is prohibited under rent laws and can lead to penalties, and courts treat it as harassment. The landlord must follow the legal process for eviction. A tenant facing this can complain to the rent authority or the police and approach the court.

How much notice must a tenant give before leaving?

Whatever the agreement says, commonly one month. If the agreement is silent, the general law provides for notice, depending on the type of tenancy. Give notice in writing, keep proof of delivery, and fix a date for inspection and return of the deposit.

Can a tenant make changes or renovations in the house?

Only with the landlord’s permission, preferably in writing. Structural changes, new fittings and painting in unusual colours can lead to disputes about restoration at the end of the tenancy and deductions from the deposit. Record in writing who pays for the changes and whether they can be removed when the tenant leaves.

Is a rent agreement needed for a shop?

Yes, for any premises. For commercial premises, a lease is often longer than eleven months and must then be registered, and it should deal with the permitted business use, licences, signage, maintenance charges, fit-out and a longer lock-in. Our lease agreement guide covers commercial leases.

Property, wills and inheritance

32 questions

Does a nominee become the owner of a bank account or shares?

Not necessarily. A nominee is the person the bank, insurer or company will pay or transfer to, which gives the institution a discharge, but the nominee generally holds the money or shares for the benefit of the legal heirs, who inherit according to the will or the law of succession. The Supreme Court confirmed this for shares in 2023. Life insurance has its own rules for certain beneficial nominees. If you want a particular person to inherit, make a will rather than relying on nomination alone.

Do daughters have an equal share in ancestral property?

Yes, for Hindus. Since the 2005 amendment to the Hindu Succession Act, a daughter is a coparcener by birth in a Hindu joint family, with the same rights and liabilities as a son. In 2020 the Supreme Court held that this applies whether or not the father was alive on the date of the amendment. A married daughter has the same rights. Her share can be given up only by her own choice, for example through a relinquishment deed, and not by pressure from others.

Who inherits a Hindu man’s property if he dies without a will?

Under the Hindu Succession Act, his self-acquired property goes first to his Class I heirs — principally his widow, his children, and his mother — who take equal shares, with the children of a predeceased son or daughter taking their parent’s share. If there are no Class I heirs, it passes to Class II heirs, such as his father and siblings. Different rules apply to a Hindu woman’s property, to ancestral property and to people of other religions. A family settlement often helps heirs divide property without dispute.

Is it compulsory to register a will?

No. The law does not require a will to be registered; an unregistered will is valid if it is in writing, signed by the person making it and attested by two witnesses who saw the signature. Registration is still advisable, because a registered will is kept safely by the Sub-Registrar and is harder to challenge as forged. Our Delhi will registration guide explains the procedure.

Is probate of a will required in Delhi?

Generally, not compulsory. The Indian Succession Act makes probate mandatory mainly for wills made by certain persons in, or relating to immovable property in, the former presidency towns of Mumbai, Kolkata and Chennai. In Delhi, heirs usually act on the will directly, though a bank, housing society or authority may still ask for probate or a succession certificate before transferring an asset, especially where the will is disputed. Our will drafting guide explains how to make a will that is easy to act on.

Is property bought on a GPA and agreement to sell legally mine?

Not fully. The Supreme Court held in 2011 that a transfer of immovable property through a general power of attorney, agreement to sell and will does not convey title; ownership passes only through a registered conveyance deed. Such documents may still give some rights, such as a claim under the agreement, but the buyer does not become the owner. Many people who bought this way regularise the position by getting a registered sale deed. See our power of attorney guide.

How can I check whether a property has a clear title before buying?

By examining the chain of title documents for at least the last thirty years, checking the records of the Sub-Registrar for encumbrances, verifying mutation and property tax records, checking for pending litigation, confirming approvals and sanctions for the building, and publishing a public notice inviting objections. For flats, check the builder’s RERA registration. Our title verification guide and public notice guide set out each step.

Can a father give his property to only one child?

His self-acquired property, yes. An owner can give self-acquired property to anyone by a registered gift deed during his lifetime, or leave it to anyone by a will. Ancestral or joint family property is different, because the children may have rights in it by birth. Parents who divide property unequally should record their reasons and make the documents carefully, because such decisions are often challenged after their death.

Can a Muslim leave all his property to anyone he likes by will?

Not entirely. Under Muslim personal law, a person can bequeath only up to one-third of his estate by will, after funeral expenses and debts, and a bequest to an heir needs the consent of the other heirs. The remaining two-thirds pass by the rules of inheritance. A gift made during lifetime, called hiba, is not subject to the one-third limit if made validly. A Muslim who marries under the Special Marriage Act is governed by the Indian Succession Act instead.

Can a daughter-in-law claim ownership of her in-laws’ house?

Not as owner of their self-acquired property during their lifetime. A daughter-in-law has no right of ownership in property owned by her husband’s parents. She may, however, have a right to reside in the shared household under the Domestic Violence Act, which courts have held can include an in-laws’ house where the couple lived. Her husband’s share in joint family property, and what she inherits from him, are separate questions.

Is stamp duty lower when property is bought in a woman’s name in Delhi?

Yes. Delhi charges a lower rate of stamp duty on conveyances where the buyer is a woman than where the buyer is a man, with an intermediate rate for joint ownership by a man and a woman. Many families register property in the name of a woman member, or jointly, partly for this reason. Rates are revised from time to time, so confirm the current rate before paying. Our sale deed guide explains stamp duty and registration.

What is adverse possession?

It is a rule under which a person who has been in open, continuous and hostile possession of someone else’s land for the period fixed by law can, in some circumstances, defeat the owner’s claim to recover it. For private land the period is generally twelve years, and for government land longer. Occasional use, permissive use by a tenant or licensee, or secret possession does not count. Owners of vacant plots should keep an eye on them and act promptly against encroachment.

Can a co-owner sell his share without the others’ consent?

A co-owner can generally transfer his undivided share, but the buyer gets only that undivided share, not a specific portion, and may have to seek partition to separate it. For a family dwelling house, the law gives other family members a right to buy out a stranger who acquires a share and seeks partition. Disputes among co-owners are usually best settled by a partition deed.

What is the difference between freehold and leasehold property in Delhi?

Freehold property is owned outright. Leasehold property, common in DDA and older government-allotted colonies, is held on a long lease from the authority, and certain transactions may need the lessor’s permission or payment of charges. Many leasehold properties in Delhi can be converted to freehold by applying to the authority and paying conversion charges. Always check which one a property is before buying, because it affects the documents and the cost.

Is a registered agreement to sell the same as a sale deed?

No. An agreement to sell is a promise to sell in the future on agreed terms; it does not transfer ownership. Ownership passes only through a sale deed executed and registered by the seller. A registered agreement does strengthen the buyer’s position if the seller later refuses to complete, and may protect a buyer in possession. Our sale agreement guide explains the difference.

Can elderly parents evict a son or daughter from their house?

In some circumstances, yes. The Maintenance and Welfare of Parents and Senior Citizens Act gives senior citizens a right to maintenance and protection, and maintenance tribunals and courts have ordered children who ill-treat parents to vacate a house belonging to the parents. The Supreme Court has held that eviction can be ordered where it is necessary to protect the senior citizen, while balancing the rights of others living there, such as a daughter-in-law. Parents facing harassment should approach the tribunal of their district with evidence.

Can a property be sold if the original title documents are lost?

Yes, but with extra care. The seller should lodge a police report of the loss, obtain certified copies of the registered documents from the Sub-Registrar, publish a public notice inviting claims, and give the buyer an indemnity. Banks lending to the buyer will have their own requirements. A buyer should verify the chain of title from the certified copies and check that the original documents were not deposited with a lender. See our indemnity bond guide and public notice guide.

Should I buy a property on which the seller still has a home loan?

It is common and can be done safely, but the loan must be cleared as part of the transaction. The usual route is for the buyer or the buyer’s bank to pay the seller’s lender directly to close the loan, the lender to release the original documents and issue a closure and no-dues letter, and any registered mortgage to be released. Never pay the full price to the seller while the original documents are still with the bank.

How do heirs transfer a flat in a cooperative housing society after the owner’s death?

The society’s bye-laws and the state cooperative law decide the procedure. Usually the nominee registered with the society applies for transfer of the share and occupancy right, with the death certificate and documents, and other heirs’ rights in the flat are protected under the law of succession. Where there is no nomination, the society asks for a will, a succession document or consent of all heirs. Societies often require indemnity bonds. A family settlement avoids disputes between heirs.

Can I buy a property on an agreement to sell and get it registered later?

An agreement to sell creates a right to have the sale completed, but not ownership. Until the sale deed is executed and registered, the seller remains the owner, may create charges or sell to someone else, and the buyer’s remedy is a suit for specific performance. Registering the agreement itself, and completing the sale within a short time, protect the buyer. Our sale agreement guide explains the risks.

What is a builder floor, and what should I check before buying one in Delhi?

A builder floor is a single floor in a multi-storey residential building built on a private plot, usually under a collaboration between the plot owner and a builder. Before buying, check the sanctioned building plan and completion certificate, the chain of title of the plot, the collaboration agreement, the share in the land and the roof or terrace rights, and whether the floor is separately registered. Our joint development guide explains collaborations.

What documents does a buyer need at the time of property registration in Delhi?

The sale deed on the correct stamp duty, identity and address proof of buyer, seller and witnesses, PAN cards, photographs, proof of payment, the previous title documents, mutation and property tax records, and in many cases a no-objection or conversion document from the authority. Appointments are booked online. Our sale deed guide lists each document.

Is it safe to buy property through a power of attorney holder?

It can be, but check carefully. Verify that the power of attorney is genuine, registered where required, specifically authorises sale, and has not been revoked; that the owner is alive, since a power of attorney ends on the principal’s death; and, where possible, speak to the owner directly. Payment is best made to the owner’s account. Our power of attorney guide explains the checks.

Can a daughter claim a share in property sold by her father before 2005?

Generally not. The Supreme Court has held that partitions and dispositions of coparcenary property made before 20 December 2004 are protected, and the daughter’s coparcenary right does not reopen them. Oral partitions and sham transactions are looked at carefully, however. For property still held by the family, her equal right applies.

What is an encumbrance, and how can I check it?

An encumbrance is a charge or claim on property, such as a mortgage, a lien, a lease or a court attachment. Checking for encumbrances means searching the Sub-Registrar’s records for registered transactions, checking with banks for mortgages where possible, and looking for pending litigation. Some states issue encumbrance certificates; in Delhi, a search of registration records is the usual method.

How is property tax paid for a house in Delhi?

Property tax in Delhi is paid to the Municipal Corporation of Delhi or the relevant local body, usually online, on the basis of the unit area method and the colony category. Paying on time avoids penalties, and early payment sometimes gets a rebate. Property tax receipts are important evidence of possession, though not of ownership, and are asked for in mutation and sale.

Can a tenant claim ownership after living in a house for many years?

No. A tenant’s possession is with the owner’s permission, so it can never become adverse possession however long it lasts, as long as the tenant continues to be a tenant. The tenant has only the rights given by the rent agreement and the rent law. Owners should still keep written agreements and rent receipts.

Can I claim my share if my brother has sold ancestral property without my consent?

If you have a share in the property, a sale by your brother cannot bind your share without your consent, unless he was the karta acting for legal necessity in a joint Hindu family. You can file a suit for partition and a declaration that the sale does not affect your share, within the limitation period. Act quickly and collect documents showing the family’s title.

What is a sale deed’s registration fee in Delhi, apart from stamp duty?

In addition to stamp duty, a registration fee is payable on documents such as sale deeds, generally a percentage of the value subject to rules, together with small pasting and handling charges. Mutation fees are paid separately to the municipal body. Ask for a complete cost estimate, including stamp duty, registration fee and incidental charges, before finalising the price.

Can a property be sold without the wife’s consent?

If the property is solely in the husband’s name and is his self-acquired property, he can generally sell it without her consent, though she may have a right of residence in the matrimonial home under the Domestic Violence Act that can affect a sale in some circumstances. If the property is jointly owned, both owners must sign. Buyers usually prefer the consent of the spouse where the house is the family home.

Can a registered sale deed be cancelled?

Not by one party simply changing their mind. A registered sale deed can be set aside by a civil court on grounds such as fraud, misrepresentation, lack of consideration or lack of capacity, in a suit filed within the limitation period. A cancellation deed executed unilaterally by the seller does not undo a completed sale. Our cancellation deed guide explains the limits.

What is a lal dora property in Delhi?

Lal dora refers to the abadi or inhabited area of old villages, historically outside the regular revenue and building regulations, where properties often lack registered title documents and approved plans. Buying such property needs extra care about title, possession, family claims and bank finance, which is often unavailable. Government schemes to survey and document such areas have been introduced; check the current status for the village.

Certificates and government documents

16 questions

How can a name be added to a birth certificate issued without a name?

Many birth certificates are issued before the child is named. The name can be added later by applying to the registrar with the parents’ declaration and identity documents; in Delhi the application is made to the municipal registrar. The rules allow a long period for adding the name, but it is easier done early, before school admission. Once a name is entered, changing it is more difficult.

How do I correct my date of birth in official records?

It depends on the record. Aadhaar allows limited date of birth corrections with documentary proof. School and board records need an application to the school or board, often within a time limit. Passport changes need supporting documents such as a birth certificate. A date of birth affidavit is often required to explain the discrepancy. Start with the record from which the others derive, usually the birth certificate or school certificate.

What is the difference between apostille and embassy attestation?

An apostille is a single certificate, issued in India by the Ministry of External Affairs, that makes a public document valid in all countries that are party to the Hague Apostille Convention. Countries that are not party to the convention require attestation, usually by the Ministry of External Affairs followed by that country’s embassy. Documents often need state-level authentication before either. Our apostille guide explains which applies to your destination.

How do I get an income certificate in Delhi?

An income certificate is issued by the Delhi revenue department through its online e-district services, on an application with identity and address proof and evidence of family income, such as salary slips, income tax returns or a self-declaration. It is needed for scholarships, fee concessions, EWS benefits and government schemes. The certificate is issued after verification by the revenue office. An income affidavit is sometimes also required.

What is a death certificate needed for, and how is it obtained?

A death certificate is needed for almost everything that follows a death: claiming insurance, pension and bank deposits, transferring property, mutation, succession certificates and closing accounts. Deaths should be registered with the local registrar within the time allowed, usually by the hospital for a hospital death and by the family for a death at home. Delayed registration needs additional documents. Our Delhi death certificate guide explains the process.

What can I do if I lose an important document?

First, report the loss. In Delhi, a lost report can be lodged online with the Delhi Police for most documents, which gives you a report number. Then apply to the issuing authority for a duplicate, usually with the lost report, an affidavit about the loss, identity proof and sometimes a newspaper advertisement for property documents or certificates. For original property documents, a certified copy from the Sub-Registrar is often the practical replacement.

Is a disability certificate issued online?

Yes. The Unique Disability ID system issues disability certificates and UDID cards after assessment by a medical board at a designated government hospital. The application is made online, and the applicant is then called for assessment. The certificate is needed for reservations, concessions, pensions and other benefits under disability law. Our disability certificate guide explains the steps.

What is a domicile or residence certificate used for?

It shows that a person ordinarily resides in a particular state, and is used for admissions and scholarships reserved for residents, some state government jobs and schemes. In Delhi, residence certificates are issued through the revenue department’s online services on proof of residence for the required period. Requirements vary between states, so check the specific notification for the admission or scheme.

Are documents in DigiLocker as valid as the originals?

Yes, for documents issued into DigiLocker by the issuing authority. The rules under the Information Technology Act treat documents shared through DigiLocker by the issuer as legally at par with the original physical documents, and many departments, universities, transport authorities and the police accept them. A scanned copy that you upload yourself is only a copy, however. Where an office insists on seeing the original, carry it, but you can point out that issued DigiLocker documents are recognised.

How do I get a police character certificate for a job?

Many employers, particularly for government and security-related jobs, ask for a character or conduct certificate confirming that the police have no adverse record against the applicant. In Delhi, character certificates and verification requests can be applied for through the Delhi Police citizen services portal. For jobs or residence abroad, the relevant document is a police clearance certificate through the passport authorities. Allow time, because verification is done by the local police station.

How is a caste certificate obtained in Delhi?

Caste certificates for Scheduled Castes, Scheduled Tribes and Other Backward Classes are issued by the Delhi revenue department through its online services, after verification. Applicants usually need proof of residence, and proof of the caste of the father or a close paternal relative, often a caste certificate issued to them. For a migrant from another state, the certificate is generally issued on the basis of the certificate from the state of origin, and benefits may be limited to central lists. Check the current requirements before applying.

What is a non-creamy layer certificate?

It is a certificate showing that an OBC candidate does not belong to the creamy layer, which makes the candidate eligible for OBC reservation in central government jobs and admissions. The test looks at the status and income of the parents, broadly excluding families whose income from sources other than salary and agricultural land exceeds the prescribed limit over the preceding three years, and families of certain senior officials. The certificate is issued by the revenue authorities and must usually be recent, often issued for the relevant financial year.

Is a birth certificate issued by a hospital enough?

A hospital discharge summary or birth record is evidence of birth, but it is not the birth certificate. The birth certificate is issued by the registrar of births and deaths of the local body after registration, which hospitals usually initiate for births there. Make sure the birth is actually registered and collect the registrar’s certificate.

How do I get a death certificate if death occurred at home?

The family should report the death to the local registrar within the time allowed, usually within twenty-one days, with proof such as a doctor’s certificate of the cause of death, identity documents and the cremation or burial ground receipt. Delayed registration needs additional documents and an order in some cases. See our Delhi death certificate guide.

What is a no objection certificate (NOC) and who issues it?

An NOC is a document by which a person or authority states that it has no objection to something — a parent to a minor’s travel, an employer to an employee’s higher studies, a society to a flat sale, a co-owner to a transfer. Some NOCs are issued by government authorities, others are given by private persons as affidavits. Our NOC affidavit guide explains the private kind.

What is a family member or survivor certificate?

It is a certificate issued by the revenue authorities listing the surviving family members of a deceased person, used for claims such as pension, compensation, government dues and transfer of connections. The name and procedure differ between states. Applicants usually need the death certificate, proof of relationship and affidavits, and the office conducts a verification.

Police, FIR and criminal cases

33 questions

What should I do immediately after an online or UPI fraud?

Act within minutes, not days. Call the national cyber fraud helpline 1930 and report on the national cyber crime portal, which can trigger a freeze of the money trail. Inform your bank at once and ask it to block the card or account. Under RBI rules, a customer’s liability for an unauthorised electronic transaction can be nil if the customer reports it within three working days and was not negligent. Keep screenshots, transaction references and phone numbers.

Can the police arrest a woman at night?

Ordinarily, no. The Bharatiya Nagarik Suraksha Sanhita provides that, except in exceptional circumstances, no woman shall be arrested after sunset and before sunrise, and where such an arrest is necessary, a woman police officer must obtain the prior permission of the magistrate. The arrest of a woman should also be made by, or in the presence of, a woman police officer. These safeguards apply to every arrest, whatever the offence.

I received a police notice to join the investigation. Must I go?

If the notice is issued under the provisions allowing the police to require a person’s appearance, you should comply, because failure can have consequences, including arrest in some cases. Where the offence is punishable with less than seven years, the Supreme Court and the BNSS require the police to issue a notice of appearance rather than arrest automatically. Take a copy of the notice, go at the stated time, and take an advocate’s advice beforehand if you fear arrest.

Can a criminal complaint be filed directly before a magistrate?

Yes. A person can file a complaint before a magistrate, who can examine the complainant and witnesses and issue process against the accused, or direct the police to investigate. This is used where the police have refused to act or where the offence is of a kind usually prosecuted on complaint, such as cheque dishonour or defamation. Complaints are prepared with an advocate. Our cheque bounce guide explains one common example.

What happens if I ignore a court summons?

Ignoring a summons is a mistake. In a criminal case, the court can issue a bailable warrant and then a non-bailable warrant, and may declare the person a proclaimed person with further consequences. In a civil case, the court can proceed and decide the case without hearing you. If you cannot attend on the date, ask an advocate to appear and seek exemption or a fresh date.

Is criminal intimidation over phone or WhatsApp an offence?

Yes. Threatening a person with injury to their person, reputation or property, with intent to alarm them or make them do something, is criminal intimidation under section 351 of the Bharatiya Nyaya Sanhita, whatever the medium. Threats sent anonymously attract a higher punishment. Save the messages, call records and screenshots before reporting. Our guide to section 351 BNS explains the offence.

What is cheating under the new criminal law?

Cheating means deceiving a person, fraudulently or dishonestly, into delivering property or doing something they would not otherwise do, causing them harm. It is now section 318 of the Bharatiya Nyaya Sanhita, which replaced section 420 of the IPC. A mere breach of contract is not cheating; the dishonest intention must exist at the start. Our section 318 BNS guide explains the difference, which decides many cases.

Can an FIR be cancelled if the parties settle?

Only through the proper route. For compoundable offences, the parties can settle before the court and the case ends. For non-compoundable offences, the High Court can quash the FIR and proceedings in appropriate cases, particularly where the dispute is essentially private, such as a matrimonial or commercial dispute, and has been genuinely settled. Serious offences against society are generally not quashed on settlement. Our guide to quashing an FIR explains the tests.

What is electronic evidence, and how is it proved in court?

Messages, emails, call recordings, CCTV footage, social media posts and other digital records are electronic evidence. Under the Bharatiya Sakshya Adhiniyam, they are admissible, but proving them usually requires a certificate in the prescribed form about the device or system from which they came. Preserve the original device and do not edit files. Our guide to section 63 BSA explains the certificate.

Am I entitled to a copy of the FIR?

Yes. The informant is entitled to a free copy of the FIR as soon as it is recorded. The Supreme Court has also directed that FIRs be uploaded on police websites, usually within a day, except in sensitive cases such as sexual offences, and an accused person can apply for a copy. In Delhi, FIRs can be searched on the Delhi Police website by police station and date.

Can the police recover money in a civil dispute?

No. A dispute about money owed, a failed business deal or a breach of contract is a civil matter, and the police cannot act as a recovery agency. The police can act only where the facts disclose an offence, such as cheating or criminal breach of trust, where dishonest intention existed. Using a false criminal complaint to pressure someone in a civil dispute can backfire. A legal notice and a civil suit, or a cheque dishonour case, are the proper routes.

What is the difference between police custody and judicial custody?

Police custody, or police remand, means the accused is kept by the police for investigation, and it can be ordered by a magistrate only for a limited total period. Judicial custody means the accused is kept in jail under the court’s authority, and the police can question the accused there only with the court’s permission. Bail can be sought during either. The new BNSS allows the police custody period to be taken in parts during the early stage of investigation.

What is a look-out circular?

A look-out circular is an instruction issued by authorities to immigration posts to watch for, and in some cases stop, a person from leaving or entering India, usually in connection with a criminal investigation or large financial default. A person affected by one can ask the issuing authority for reasons and challenge it before the High Court, which has quashed circulars issued without proper basis.

Can I withdraw a complaint I gave to the police?

It depends on what has happened to it. If only a complaint was given and no FIR registered, you can write to the police withdrawing it. Once an FIR is registered for a cognizable offence, the investigation belongs to the state, and the informant cannot end it by withdrawing; the police may file a closure report, or the matter can be compounded or quashed as the law allows.

How can I block my stolen or lost mobile phone?

After lodging a police or online lost report, you can request blocking of the phone’s IMEI through the Central Equipment Identity Register on the government’s Sanchar Saathi portal. A blocked phone cannot be used on any Indian network, and if it is found, it can be unblocked. Also ask your telecom operator to block the SIM and issue a duplicate, and change passwords of accounts that were logged in on the phone.

Will I get into trouble if I take an accident victim to hospital?

No. The Motor Vehicles Act protects a Good Samaritan who in good faith helps an accident victim, such as by taking them to hospital: such a person is not liable for any civil or criminal action, need not disclose identity, and cannot be detained at the hospital. Hospitals must not refuse emergency treatment or demand payment first. Helping quickly, especially in the first hour, can save a life.

What compensation is available after a road accident?

Victims or their families can file a claim before the Motor Accident Claims Tribunal against the driver, owner and insurer, for medical expenses, loss of income, pain and suffering, and in death cases, loss of dependency. In hit-and-run cases, where the vehicle is not traced, a government scheme pays fixed compensation for death and grievous injury. A scheme for cashless treatment of road accident victims up to a limit has also been introduced. Keep the FIR, medical records and bills.

How can I contest a traffic e-challan?

An e-challan can be paid online, or contested if you believe it is wrong. Many challans are sent to virtual courts, where you can view the challan and either pay or contest it online. Challans are also settled in Lok Adalats held periodically, sometimes at reduced amounts. Keep evidence, such as photographs or proof that the vehicle was elsewhere, if you intend to contest. Ignoring a challan can lead to the case going to court.

Can I be prosecuted for a crime committed by a family member?

Criminal liability is personal. You are not guilty of an offence simply because a relative committed it, unless you took part in it, abetted it or conspired in it. Courts have repeatedly warned against the practice of naming all relatives of a husband in matrimonial complaints without specific allegations against each, and have quashed proceedings against relatives where no specific role was alleged.

What is a non-cognizable report (NCR)?

When information about a non-cognizable offence, such as a minor hurt or a simple insult, is given to the police, they record it in a register and give the informant a copy, often called an NCR. The police cannot investigate a non-cognizable offence without a magistrate’s order. The informant can approach the magistrate to take the matter forward. An NCR is also a useful record if the matter escalates later.

Can the police seize my phone?

The police can seize a phone or other device as evidence during investigation, following the legal procedure, recording the seizure in a memo and, under the new BNSS, with audio-video recording of searches in many cases. You are entitled to a copy of the seizure memo. Courts have also considered the privacy of personal data on devices. If a phone is kept unnecessarily long, you can apply to the court for its release.

Is it an offence to insult someone on social media?

Insulting or abusive posts can amount to defamation, criminal intimidation or, for posts insulting the modesty of a woman or promoting enmity between groups, other offences under the Bharatiya Nyaya Sanhita. The earlier offence of sending offensive messages under section 66A of the IT Act was struck down by the Supreme Court in 2015 and cannot be used. Report abusive content to the platform and preserve evidence.

Can the police detain someone without arrest?

Police may ask a person to accompany them for questioning, but holding someone against their will is custody, and custody requires arrest according to the law, with the grounds communicated and production before a magistrate within twenty-four hours. Illegal detention can be challenged by a habeas corpus petition. Relatives should note the time, place and names of officers involved.

What should I do if someone threatens to file a false case against me?

Keep calm and preserve evidence of the threat — messages, recordings, witnesses. You can make a written complaint to the police about the threat, and send a copy to senior officers. If you fear arrest in a specific case, an advocate can seek anticipatory bail. Extortion by threatening to accuse someone of an offence is itself an offence under the Bharatiya Nyaya Sanhita.

Can a complaint be filed against a police officer?

Yes. Complaints about misconduct can be made to senior officers, to the Police Complaints Authority set up in many states including Delhi, to the human rights commissions, or to the magistrate. Serious misconduct amounting to an offence can be the subject of a criminal complaint. Keep a record of dates, names and badge numbers.

What is plea bargaining?

Plea bargaining allows an accused to plead guilty in exchange for a lesser punishment, for offences punishable with imprisonment of up to seven years, subject to exclusions such as offences against women and children and socio-economic offences. It requires a mutually satisfactory disposition with the victim and the prosecution, supervised by the court. A first-time offender may receive a reduced sentence.

What is a closure report, and can the complainant oppose it?

When the police find no evidence to proceed, they file a final report, sometimes called a closure report, before the magistrate. The magistrate must notify the informant, who can file a protest petition opposing closure. The magistrate can accept the report, order further investigation, or take cognizance on the material available.

Can a foreign national be arrested in India?

Yes, foreign nationals are subject to Indian criminal law like anyone else. On arrest, they have the same rights as citizens, and the authorities should inform the consulate of their country if the person wishes. Foreign nationals may face conditions such as surrender of passports during bail. Immigration-related offences have their own procedures.

What happens after the police file a chargesheet?

The court examines the chargesheet, takes cognizance of the offences, and issues process to the accused if not already in custody. Copies of the chargesheet and documents are supplied to the accused, charges are framed, and the trial begins with the prosecution’s evidence. An accused can seek discharge at the charge stage if the material does not disclose an offence.

Can the police refuse to accept a complaint in writing?

The police must receive information about a cognizable offence and record it; for other complaints, they should acknowledge receipt. If the station refuses to take a written complaint, send it by post or email to the station house officer and the Superintendent of Police, keep proof of dispatch, and use online complaint facilities where available.

Can I get a copy of CCTV footage for my complaint?

CCTV footage held by private owners, such as shops or housing societies, can be requested, and the police can seize it during investigation. Footage is often overwritten within days, so ask the owner to preserve it immediately and inform the police of its existence. Public authorities may provide footage under their policies or on a court’s direction.

What happens if a witness turns hostile?

A hostile witness is one who departs from their earlier statement and does not support the side that called them. The prosecution can cross-examine such a witness with the court’s permission, and courts can still rely on parts of the testimony that are credible. Witness protection schemes exist for witnesses facing threats.

Is filing a false FIR an offence?

Yes. Giving false information to the police, or falsely charging someone with an offence with intent to cause injury, are offences under the Bharatiya Nyaya Sanhita, and a person against whom a false case is filed can also sue for malicious prosecution. Courts have imposed costs and directed action against people found to have filed false complaints.

Consumers, banks, loans and money

30 questions

What can I do if my bank does not resolve my complaint?

First complain to the bank in writing and keep the reference number. If the bank rejects the complaint, does not reply within thirty days, or the reply is unsatisfactory, you can complain to the RBI Ombudsman under the Integrated Ombudsman Scheme through the RBI’s online complaint system. The service is free. The same scheme covers many non-banking finance companies and digital payment providers.

Can recovery agents call or visit at any time?

No. RBI rules for banks and regulated lenders require recovery agents to behave decently, prohibit threats, abuse and harassment, and restrict calls to the hours between eight in the morning and seven in the evening. Lenders are responsible for their agents. If agents harass you, complain in writing to the lender, then to the RBI Ombudsman, and to the police if there are threats. Repossession of vehicles must also follow the lawful process in the loan agreement.

A builder has delayed my flat. What are my options?

If the project is registered under the Real Estate (Regulation and Development) Act, you can complain to the state RERA authority. Where the builder fails to give possession by the agreed date, the Act allows a buyer to withdraw and claim a refund with interest, or to stay in the project and receive interest for every month of delay. Consumer commissions also hear such complaints. Our builder-buyer agreement guide explains your rights.

Is it safe to give a blank signed cheque as security?

It is risky. A signed cheque can be filled in and presented, and if it bounces, the holder may start criminal proceedings for dishonour, leaving you to prove that no debt was due. If a lender insists on a security cheque, write on the documents what it is for, keep copies, and record the loan terms in a written loan agreement. Never hand over a signed blank cheque to someone you do not trust.

How do I recover money I lent to a friend or relative?

Start with a written demand, preferably a legal notice, setting out the amount, the date it was lent and the date it was due. If there is a cheque that has bounced, the cheque dishonour route may be available. Otherwise, a civil suit for recovery can be filed, and for amounts supported by written acknowledgement, a summary suit may be possible. Evidence is everything: bank transfers, messages and any written note of the loan. Recovery cases must be filed within the limitation period, generally three years.

What is an insurance ombudsman?

The insurance ombudsman is a free forum for complaints by policyholders against insurance companies, such as rejection of claims, delay or disputes about the policy terms, up to a monetary limit. You must first complain to the insurer and wait for its reply or for the time allowed to pass. The complaint must be filed within the time limit after the insurer’s final reply. Our insurance claim services help prepare the documents for the claim or the complaint.

Is a promissory note still useful for a personal loan?

It can be, as written evidence that money was lent and is repayable, but a promissory note alone often leaves questions about interest, repayment dates and what happens on default. It must also be correctly stamped to be relied on. A loan agreement signed by both parties, with the money paid by bank transfer, is stronger evidence and avoids arguments later.

My health insurance claim was rejected for a pre-existing disease. What can I do?

Check the policy’s waiting period and the moratorium rule. Under the insurance regulator’s rules, once a policy has run continuously for the moratorium period, now sixty months, the insurer cannot contest a claim on grounds of non-disclosure or misrepresentation except for established fraud. Ask for the rejection reason in writing, complain to the insurer’s grievance officer, and then to the insurance ombudsman or a consumer commission.

What refund am I entitled to if my flight is cancelled?

Under the aviation regulator’s rules, when an airline cancels a flight, passengers are generally entitled to a full refund or an alternative flight, and in some cases compensation, depending on how much notice was given and the reason for cancellation. Refunds for card payments are expected within a short time. If the airline does not respond, complain on the government’s air passenger grievance platform and, if needed, to a consumer commission.

Is an online marketplace responsible for a fake product sold by a seller?

Marketplaces have duties under the consumer protection rules for e-commerce: to display seller details, run a grievance system and act on complaints, and they can be liable where they do not meet those duties or where they are more than a mere intermediary. The seller remains primarily responsible for the product. Complain to the platform first, keep the order and delivery records, and then approach a consumer commission against both.

Are online loan apps legal?

Only if the lender is regulated by the RBI, such as a bank or registered non-banking finance company, or the app is a partner of one. Many harmful apps are not. Before borrowing, check the lender’s name and registration, read the key fact statement showing the real annual interest rate, and never grant access to your contacts and photos. Harassment by illegal apps can be reported to the RBI’s Sachet portal and the cyber crime portal.

Can a bank freeze my account without telling me?

Banks can freeze or put a lien on an account on the instructions of investigating agencies, often in cyber fraud cases where money is traced through the account, and sometimes on a court or tax order. The account holder should ask the bank in writing which authority ordered the freeze and the reference number, then approach that authority with an explanation and documents. Courts have held that freezes should be limited to the disputed amount where possible.

How can I correct a mistake in my credit report?

Raise a dispute with the credit information company, such as through its website, and with the lender that reported the wrong information. Under RBI rules, the complaint must be resolved within a set period, and customers are entitled to compensation for delay beyond it. Keep proof of loan closure and payments. A clean credit report matters for every future loan, so check it at least once a year.

A course, gym or service refuses to refund my fee. What can I do?

Read the terms you accepted, but know that a one-sided term forfeiting all fees regardless of circumstances can be challenged as an unfair contract term or unfair trade practice under consumer law. Ask for a refund in writing, giving reasons, then send a legal notice, and if needed file a consumer complaint. Consumer commissions have ordered refunds where services were not provided or institutions refused refunds unreasonably.

Is GST charged on legal services?

Legal services provided by an advocate or a firm of advocates to an individual are generally exempt from GST. When provided to a business entity above the prescribed turnover, the business pays GST under the reverse charge. Documentation and consultancy services by businesses that are not advocates, such as document preparation, are ordinarily taxable at the applicable rate. Confirm the treatment for your situation with a chartered accountant.

Can I file a complaint about medical negligence?

Yes. A patient or family can complain to a consumer commission for deficiency in service, file a civil suit for damages, or complain to the medical council about professional misconduct; criminal liability arises only for gross negligence. Consumer commissions often rely on expert opinion. Obtain the complete medical records, which hospitals are expected to provide on request, and keep bills and prescriptions. Medical negligence cases turn on detailed facts, so take advice early.

Can I get compensation for a delayed train?

Railways refund the fare in certain cases, such as when a train is delayed beyond the specified hours and the passenger does not travel, subject to filing a TDR. Consumer commissions have also awarded compensation to passengers for unexplained long delays that caused losses. Keep your ticket, file the TDR online in time, and keep evidence of the losses you suffered.

What can I do if a courier loses my parcel?

Complain to the courier in writing with the tracking number and proof of value. Couriers often limit liability in their terms unless the parcel was declared and insured, but a consumer commission can examine whether such limits are fair. For valuable items, declare the value and take insurance when sending. Keep the booking receipt.

Can an electricity bill be challenged?

Yes. Complain to the distribution company first; each has a consumer grievance redressal forum, and above it an ombudsman under the electricity law. In Delhi, the Consumer Grievance Redressal Forum and the electricity ombudsman hear disputes about wrong bills, meter faults and disconnections. Pay the undisputed part to avoid disconnection while the complaint is heard.

What can I do if a telecom company overcharges me?

Complain to the operator’s customer care, then to its appellate authority, following the telecom regulator’s complaint process. Keep the complaint numbers. If unresolved, a consumer complaint is available. Unauthorised value-added services and unwanted charges are common subjects of complaint.

Is a warranty the same as a guarantee?

In everyday use, a warranty is usually a promise to repair or replace a product if it develops defects within a period, while a guarantee sometimes promises replacement or refund. Legally, the terms of the document matter. Consumer law also protects buyers against defective goods beyond the written warranty in some cases. Keep invoices and the warranty card.

Can I cancel a purchase made at my doorstep or online?

Consumer rules for e-commerce require sellers to state return, refund and cancellation policies clearly, and to honour them. There is no general legal cooling-off period for all purchases in India, so the policy at the time of purchase matters. Misleading claims about refunds are unfair trade practices.

How do I report a fake or misleading advertisement?

Complaints about misleading advertisements can be made to the Central Consumer Protection Authority, which can order the advertisement withdrawn and impose penalties, and to the Advertising Standards Council of India, a self-regulatory body. Health-related claims may also be regulated under drug and food laws. Keep a screenshot or copy of the advertisement.

What are my rights if a builder refuses to give the sale deed after full payment?

You can complain to the RERA authority for a registered project, seek specific performance through the courts, or approach a consumer commission for deficiency in service. RERA also requires promoters to execute the conveyance deed within the specified time after completion. Keep payment receipts, the allotment letter and correspondence. Our builder-buyer agreement guide explains your rights.

What is the Banking Ombudsman’s time limit for complaints?

Under the Integrated Ombudsman Scheme, a complaint can generally be made after the bank has rejected the complaint, not replied within thirty days, or given an unsatisfactory reply, and must be filed within one year of the bank’s reply, or within one year and thirty days of the complaint if no reply was received. It is filed online through the RBI’s complaint portal.

Can I file a consumer complaint without a lawyer?

Yes. Consumer commissions are designed so that consumers can file and argue their own complaints, and many do, particularly through the online e-Daakhil portal. The complaint should state the facts, the deficiency or unfair practice, the relief sought and attach the evidence. For complex or high-value claims, professional help is useful.

What is an unfair contract term under consumer law?

The Consumer Protection Act treats as unfair a contract term that causes significant change in the rights of the consumer, such as excessive security deposits, disproportionate penalties for breach, refusal to accept early repayment with penalty, one-sided termination without cause, or assignment that harms the consumer. The State and National Commissions can declare such terms null and void.

Can I get my money back if a hospital overcharged me?

Ask for an itemised bill and compare it with the estimate and any package rates agreed. Complain in writing to the hospital, then to the state health authorities if there is a price regulation for the service, to the insurer where insurance is involved, and to a consumer commission for deficiency in service. Keep all bills and receipts.

What can I do about unwanted marketing calls?

Register your number on the national do-not-disturb registry through your telecom operator or the regulator’s app, which blocks commercial calls and messages in the categories you choose. Report violations through the same app or your operator. Businesses making unsolicited calls to registered numbers face penalties under the telecom regulator’s rules.

Is it legal for a shop to refuse to accept coins or a particular note?

Coins and banknotes issued by the RBI that are legal tender must generally be accepted, and the RBI has clarified that all denominations of coins in circulation are legal tender. Refusing them without reason is not permitted. Damaged or soiled notes can be exchanged at banks under the RBI’s note refund rules.

Business, startups and registrations

24 questions

Which is better for a small business: proprietorship, LLP or private limited company?

A sole proprietorship is the simplest and cheapest, but the owner is personally liable for all business debts. A partnership firm is similar for two or more people. An LLP gives limited liability with moderate compliance. A private limited company gives limited liability, is easiest to raise investment in and give stock options from, but has the highest compliance. The right choice depends on liability, tax, funding plans and how many people are involved; our partnership deed guide compares firms and LLPs.

When is GST registration compulsory?

Generally, when aggregate turnover in a financial year exceeds the threshold: forty lakh rupees for suppliers of goods in most states, and twenty lakh rupees for suppliers of services, with lower thresholds in some special category states. Registration is compulsory regardless of turnover for certain businesses, such as those making inter-state supplies of goods, e-commerce sellers in many cases and those liable under reverse charge. Voluntary registration is allowed. Confirm your position with a chartered accountant before starting.

Is Udyam (MSME) registration free, and what are the benefits?

Yes. Udyam registration is free on the government’s official portal, using Aadhaar and PAN, and no agent fee is needed. It gives access to schemes for micro, small and medium enterprises, priority lending, and the protection of the law against delayed payment by buyers, which can entitle a registered micro or small supplier to interest on late payments. Beware of websites that charge for registration while looking official.

What is the difference between TM and the R symbol?

The TM symbol can be used by anyone claiming a mark as their trademark, including while an application is pending. The R symbol means the mark is registered under the Trade Marks Act, and using it for an unregistered mark is an offence. Registration usually takes many months, longer if there is an objection or opposition. Our IP notice guide and trademark services explain protection of brand names.

What annual compliance does a private limited company have?

Every company must hold board meetings and an annual general meeting where required, maintain statutory registers, have its accounts audited, file its financial statements and annual return with the Registrar of Companies within the time allowed, file income tax returns and, where registered, GST returns. Directors must keep their KYC details updated as the rules require. Late filings attract heavy additional fees and can lead to disqualification of directors. A board resolution guide explains one part of this.

Do I need an NDA before sharing a business idea?

If you are sharing information that is genuinely confidential — a product plan, client list, source code or pricing — a non-disclosure agreement is sensible and inexpensive. It will not protect a general idea that the other party already knew or could develop independently, and investors often refuse to sign NDAs at an early stage. Our NDA guide explains what an NDA can and cannot protect in India.

What legal documents does a new startup need?

Typically: incorporation documents; a co-founder agreement with vesting and IP assignment; employment or consultancy agreements for the team; NDAs; website terms and a privacy policy under the DPDP Act; customer contracts or subscription terms; and, when investors arrive, a shareholders agreement. Getting the IP assigned to the company early is the item most often missed.

Does a food business need an FSSAI licence?

Yes, every food business operator needs either FSSAI registration or a licence. Small operators below the prescribed turnover need basic registration; larger businesses need a state or central licence depending on size and activity. Home kitchens and cloud kitchens selling through apps are also covered. The registration or licence number must be displayed on premises, packaging and online listings.

Can I run a business from my residential house in Delhi?

Some activities are permitted in residential premises under Delhi’s master plan and mixed-use policy, particularly professional activities and certain small shops on notified streets, subject to conditions and charges. Manufacturing and some commercial uses are not. You may also need a trade licence and other registrations. Check the rules for your street and activity before starting. Our trade licence guide explains the licensing side.

A client is not paying my invoice. What can I do?

Send a clear written reminder with the invoice, then a legal notice. If you are registered as a micro or small enterprise and the buyer is a business, you may be able to claim interest on delayed payment and approach the MSME Facilitation Council. For larger unpaid amounts, a civil suit, or a commercial suit after pre-institution mediation, is the route. A written contract makes every step easier; our freelance agreement guide explains the payment clauses to include.

Do I need a separate bank account for my business?

For a company or LLP, yes, the business must have its own account in its name. For a sole proprietorship, it is not legally compulsory, but a current account in the business name keeps records clean for tax, GST and loans. Banks usually ask for GST registration, Udyam registration or a shop and establishment licence to open a current account for a proprietorship.

Can I register a brand name that someone else is already using?

Probably not, if the other person’s use is earlier and the goods or services are similar. Indian trademark law protects prior users even of unregistered marks, and a later application can be opposed or the registration cancelled. Before choosing a name, search the trademark registry and the market, including online sellers and domain names. Choosing a distinctive, invented name is the safest route.

Do I need a lawyer to register a company?

No. Company incorporation is done online with the Ministry of Corporate Affairs, and professionals such as company secretaries and chartered accountants usually handle the filing. What does benefit from careful drafting are the documents around incorporation: the articles of association, a co-founder agreement, and agreements assigning intellectual property to the company.

Do I need GST registration to sell on Amazon or Flipkart?

Sellers of goods on e-commerce marketplaces have generally needed GST registration regardless of turnover, though exemptions have been introduced for small intra-state sellers in some cases. Rules change, so check the current position before listing. Marketplaces also collect tax at source from sellers’ payouts.

What is the difference between a trademark, copyright and patent?

A trademark protects a brand name, logo or slogan used for goods or services. Copyright protects original creative works such as writing, software, music, art and films, and arises automatically on creation, though registration helps prove it. A patent protects an invention that is new, inventive and industrially applicable, for twenty years, and must be applied for and granted. Businesses often need more than one.

How long does trademark registration take in India?

If there are no objections or oppositions, registration can be granted in several months to about a year or more; where objections or oppositions arise, it can take much longer. The applicant can use the TM symbol and has priority from the filing date. Choosing a distinctive mark and searching before filing reduces delay. Registration lasts ten years and can be renewed indefinitely.

Can I register a company at my home address?

Yes. A company’s registered office can be a residential address, with proof of address and a no-objection from the owner if the owner is someone else. Whether business activity can actually be carried on at home depends on local land use rules. Many startups start with a home address as registered office.

Do I need a current account for a proprietorship?

Banks usually require a proprietorship to open a current account in the business name, supported by at least two proofs of the business’s existence, such as GST registration, Udyam registration, a shop and establishment certificate or a trade licence. A current account keeps business and personal finances separate, which helps with tax and loans.

What happens if a company does not file annual returns?

The company and its officers face heavy additional fees for late filing and penalties. If a company fails to file financial statements or annual returns for three continuous financial years, its directors can be disqualified for five years, and the Registrar can strike the company off the register. Revival requires an application and cost. Dormant companies can apply for dormant status or voluntary closure.

How do I close a private limited company?

A company with no business and no liabilities can apply to the Registrar for its name to be struck off, after closing bank accounts and clearing dues, with consent of shareholders. Companies with assets and liabilities are wound up through voluntary liquidation under the insolvency law. The simple route requires all filings to be brought up to date first.

Is a partnership deed needed for two friends starting a business?

Legally, a partnership can exist without a written deed, but a written, stamped deed is strongly advisable. It records capital contributions, profit sharing, roles, what happens if one partner leaves or dies, and how disputes are resolved. Without it, the Partnership Act’s default rules, such as equal profit sharing, apply. Our partnership deed guide lists the clauses.

What is a non-compete clause in a business sale?

When a business is sold with its goodwill, the seller can agree not to carry on a similar business within reasonable local limits for a reasonable time, and such a clause is an exception to the rule against restraint of trade. It must be reasonable in area, period and scope. Our share purchase agreement guide explains how courts treat it.

Can a business collect customer data freely?

Under the Digital Personal Data Protection Act, a business can collect and use personal data only for lawful purposes with consent or for specified legitimate uses, must give a clear notice, keep data secure and delete it when no longer needed, and must respect individuals’ rights. Our DPDP privacy policy guide explains what small businesses need.

What is a Letter of Undertaking (LUT) for exporters?

An LUT allows exporters of goods and services to make zero-rated supplies without paying integrated GST upfront and claiming a refund later. It is filed online each financial year on the GST portal. Exporters without an LUT pay tax and claim refunds. Service exporters must also meet the conditions for a supply to count as an export.

Jobs, employers and workplace rights

20 questions

How soon must an employer settle my dues after I leave?

Under the Code on Wages, now in force, wages due to an employee who is removed, dismissed, retrenched or who resigns must be paid within two working days of leaving. Many employers take longer for full and final settlement, particularly for reimbursements and bonus, but unpaid salary itself should not be withheld for months. Ask in writing, keep a copy, and if dues remain unpaid, approach the labour authorities. Our labour complaint guide explains the next steps.

Can an employer keep my original certificates?

It should not. Employers sometimes keep original educational certificates as security for completing a bond or notice period, but this is widely regarded as unfair, and courts have ordered certificates to be returned. Offer copies for the employer’s records and produce originals for verification on the same day. If an employer refuses to return originals, send a written demand, and take legal advice if necessary.

Is a job bond enforceable in India?

Partly. A clause requiring an employee to repay a reasonable, genuine cost of training if they leave within an agreed period can be enforced, but a clause imposing a large penalty unrelated to any real loss, or preventing the employee from working elsewhere, is likely to be struck down. Courts look at whether the amount is a fair estimate of the employer’s loss. Our employment agreement guide discusses bonds and notice periods.

How do I complain about sexual harassment at work?

Every organisation with ten or more employees must have an Internal Committee under the POSH Act. A complaint should be made in writing to the Committee within three months of the incident, a period the Committee can extend by a further three months for good reason. Where the organisation has no committee, or the complaint is against the employer, it goes to the Local Committee of the district. Our POSH policy guide explains the process and the protections for the complainant.

Can an employer refuse to give an experience letter?

There is no general statutory right to an experience letter, but employers usually issue one, and a refusal without reason can be challenged, especially where the employer’s own policy or the appointment letter promises it. A service certificate may be required under some labour laws for certain workers. Request it in writing on your last day, and keep your salary slips, appointment letter and relieving email, which also prove your employment.

What notice period must I serve when I resign?

The period stated in your appointment letter or employment agreement, commonly one to three months. Many employers allow the notice period to be bought out by paying salary in lieu, or waive part of it. If you leave without serving notice, the employer may recover the salary for the shortfall, but it cannot hold back unrelated dues indefinitely. Check your contract before resigning.

Can a company deduct salary for losses I caused?

Only within the limits of wage law, which permits specified deductions, such as for damage to or loss of goods expressly entrusted to the employee, where the loss is directly attributable to the employee’s neglect or default, and after the employee has been given an opportunity to explain. Arbitrary deductions are not permitted. Ask for the deduction and its basis in writing.

Can an employer terminate me without any notice?

It depends on your contract and on whether you are a workman under labour law. Most appointment letters require notice or pay in lieu of notice. Dismissal for proven misconduct can be without notice, but usually only after an inquiry giving you a chance to respond. Workmen have added protection against retrenchment without notice and compensation. Our employment agreement guide explains these rules.

How long is paid maternity leave?

Women employees are entitled to up to twenty-six weeks of paid maternity leave for the first two children, and twelve weeks thereafter, with provision for adoptive and commissioning mothers. The employee must have worked for the employer for the minimum period prescribed. Dismissing a woman because of pregnancy or during maternity leave is prohibited. These rights are now carried in the Code on Social Security.

Is PF deduction compulsory for every employee?

Establishments covered by the provident fund law, generally those with twenty or more employees, must deduct and contribute PF for eligible employees. Employees whose wages exceed the wage ceiling at joining can be excluded in some cases, and employers often extend PF to all. Once a member, an employee continues to be covered when changing jobs. Check your salary slip and the EPFO portal to confirm contributions are actually being deposited.

What is the minimum wage in Delhi?

Delhi fixes minimum wages for unskilled, semi-skilled, skilled and other categories of workers, and revises them periodically to reflect price changes, usually twice a year. Employers must pay at least the notified rate, whatever the contract says. Check the latest notification of the Delhi labour department for the current figures, and keep salary slips as proof of what you are paid.

Can a company force me to resign instead of terminating me?

A resignation must be voluntary. Employers sometimes pressure employees to resign to avoid notice pay, retrenchment compensation or a record of termination. You are not obliged to sign a resignation you do not wish to give. If you are pressured, record what happened in writing, keep emails and messages, and take advice before signing anything. A resignation proved to have been forced can be challenged.

Is it legal for an employer to deduct PF from my salary without depositing it?

No. An employer who deducts the employee’s PF contribution from wages and does not deposit it with the EPFO commits a serious violation, which can amount to a criminal offence. Check your PF passbook on the EPFO portal regularly. If deposits are missing, complain to the EPFO through its grievance portal.

Can an employer change my job location after joining?

It depends on the appointment letter. Many contracts contain a transfer clause allowing the employer to transfer employees to other locations or group companies. Without such a clause, a transfer that fundamentally changes the terms may need consent. Transfers made to punish or harass can be challenged. Read the transfer clause before signing.

Is overtime pay compulsory?

For workers covered by factory and shops laws, work beyond the normal daily or weekly hours must be paid at twice the ordinary rate of wages, and limits on total overtime apply. Managerial and supervisory staff are often outside these provisions. Contracts cannot reduce statutory overtime rights for covered workers.

Do contract workers have the same rights as regular employees?

Contract workers employed through a contractor have statutory protections for wages, working hours, safety, PF and ESI, and the principal employer must ensure that wages are paid and facilities provided if the contractor fails. Their rights to permanent employment are more limited. The labour codes have restructured these rules.

What is ESI, and who is covered?

ESI is the employees’ state insurance scheme, which provides medical care and cash benefits during sickness, maternity, disablement and death due to employment injury. Covered establishments must register employees earning up to the wage ceiling and pay contributions. Employees can check their coverage through the ESIC portal.

Can I work for two companies at the same time?

It depends on your employment contracts. Many full-time contracts prohibit other employment or require permission, and working for a competitor or using the employer’s time or information can breach the contract and confidentiality duties. Freelance work outside working hours that does not compete or conflict is often permitted. Read your contract before taking a second job.

What is a relieving letter, and what if the employer refuses it?

A relieving letter confirms that you have been relieved from your duties after completing the exit formalities. New employers often ask for it. If an employer refuses it without reason, write asking for it, keep proof of your resignation and acceptance, and show the new employer other evidence such as the resignation acceptance email and final settlement. Persistent refusal can be taken up legally.

Can a company refuse to pay bonus?

Under the bonus law, now part of the Code on Wages, employees earning up to the wage ceiling in covered establishments are entitled to a minimum statutory bonus each year, subject to eligibility conditions such as minimum days worked. Performance bonuses above that depend on the contract and company policy.

NRIs and people living abroad

14 questions

Can an NRI buy property in India?

Non-resident Indians and Overseas Citizens of India can buy residential and commercial property in India under the foreign exchange rules, but generally not agricultural land, plantation property or farmhouses, which they can acquire only by inheritance. Payment must come through normal banking channels. The purchase follows the same registration process as for residents. Our title verification guide is essential reading before any purchase from abroad.

Can an NRI get documents made in India without travelling?

Many documents can be drafted, reviewed and finalised remotely, with signing done abroad before a notary or Indian mission and the originals sent by courier. Some processes, such as registration of a marriage or a sale deed, need personal presence or a registered power of attorney. We handle drafting and coordination for NRIs across time zones; see our NRI marriage page and the power of attorney guide for the two most common needs.

Do documents from abroad need to be translated for use in India?

Documents in a language other than English or Hindi are usually required to be translated by a certified translator, and foreign public documents often need an apostille or consular attestation before Indian authorities will accept them. Check what the specific office requires. Our legal translation guide explains certified translations.

Can a child travel abroad with only one parent?

Airlines and immigration authorities may ask for the consent of the other parent when a minor travels with only one parent or with someone else, and some countries require a notarised consent letter. The passport rules also have provisions for minors’ passports where one parent is not available. Our minor travel consent guide explains what to carry.

How can an NRI take money abroad from selling inherited property?

Sale proceeds are credited to the NRI’s NRO account, and funds from that account can be remitted abroad up to a specified limit per financial year, after payment of applicable taxes and on the basis of a chartered accountant’s certificate and the prescribed forms. Proof of inheritance and of the sale is needed. Tax on capital gains and withholding by the buyer should be planned before the sale.

Does an NRI need a PAN for property transactions?

Yes, in practice. A PAN is required for buying or selling property above the specified value, for filing income tax returns on Indian income, and for claiming refunds of tax deducted by the buyer. NRIs can apply for a PAN from abroad. Without one, tax may be deducted at a higher rate.

Can an NRI file for divorce in India while living abroad?

Yes. A divorce petition can be filed in the court of the place where the marriage was solemnised, where the couple last lived together, or where the respondent lives, and in some cases where the wife lives. Many steps can be handled by an advocate, and family courts increasingly allow appearance by video. Personal appearance may still be needed at certain stages, such as recording statements in a mutual divorce.

Can NRIs adopt a child from India?

Yes. Non-resident Indians, Overseas Citizens of India and foreign nationals can adopt children from India through the inter-country adoption process run by the central adoption authority, through an authorised agency in their country of residence. The process includes a home study, matching, and a court or district magistrate order, followed by immigration steps. Relative adoption follows a separate, simpler route.

Can an NRI open a bank account in India?

Yes. NRIs can open NRE accounts for foreign earnings, which are repatriable and whose interest is generally tax-free in India, and NRO accounts for income earned in India, such as rent or pension. FCNR deposits hold foreign currency. On becoming non-resident, existing resident savings accounts should be converted to NRO accounts.

Does an NRI need to file an income tax return in India?

An NRI with taxable income in India above the exemption limit, such as rent, interest on NRO deposits or capital gains, generally needs to file a return. Tax treaties may reduce double taxation. Refunds of excess tax deducted at source are also claimed through the return. Take advice from a chartered accountant familiar with NRI taxation.

Can an OCI cardholder work in India?

OCI cardholders can generally live and work in India without a separate visa, subject to certain restrictions, such as requiring special permission for research, journalism, missionary or mountaineering activities and for visiting protected areas. They cannot vote or hold certain public offices. The Ministry of Home Affairs updates the rules from time to time.

Can an NRI’s relative sell property on the NRI’s behalf?

Yes, through a properly executed power of attorney specifically authorising the sale, executed abroad before an Indian mission or a notary with apostille, stamped in India within the time allowed, and registered where required. The buyer will verify the power of attorney carefully. Sale proceeds should be credited to the NRI’s account. Our power of attorney guide explains it.

Can an NRI claim property from relatives who are occupying it?

Yes. Ownership does not depend on residence in India. An NRI can send a legal notice, file a suit for possession, partition or eviction, and appear through an advocate and by video in many courts. Long delays can create limitation problems, so act promptly. Keeping property tax paid and records updated helps prove possession and ownership.

How can an NRI get a death certificate or legal heir document for a parent in India?

Through a relative in India, or through an advocate or agent under a power of attorney, applying to the registrar or revenue office with the necessary documents. Many certificates can also be applied for online. For documents to be used abroad, apostille them after issue.

Advocates, courts and free legal help

20 questions

What is a Lok Adalat, and is its decision final?

A Lok Adalat is a forum organised by legal services authorities where disputes, whether pending in court or not yet filed, are settled by agreement. An award of a Lok Adalat is treated as a decree of a civil court, is final and binding on the parties, and no appeal lies against it. Where a pending case is settled there, the court fee paid can be refunded. National Lok Adalats are held regularly for cheque bounce, motor accident, bank recovery and family matters.

Can I argue my own case without an advocate?

Yes. A party can appear and argue in person in most courts, and many people do so in consumer commissions and some family matters. Courts expect a party in person to follow procedure, and in complex civil, criminal or appellate matters, representation by an advocate is usually wiser. Our guide on whether you need a lawyer helps you decide.

How can I check the status of my court case online?

Through the eCourts services website or mobile app, using the case number, party name or the unique CNR number of the case. It shows the next date, the stage of the case and, in many courts, copies of orders. High Courts and the Supreme Court have their own websites. Keep the CNR number from your first order; it makes tracking much easier.

Is mediation compulsory before going to court?

For commercial disputes, the Commercial Courts Act requires pre-institution mediation before a suit is filed, unless urgent interim relief is sought. The Mediation Act, 2023 encourages mediation more widely, and courts frequently refer family, property and money disputes to mediation. Mediation is voluntary in outcome: nobody is forced to settle, but a mediated settlement signed by the parties is binding.

How much time does a civil case take in India?

It varies greatly with the court, the type of case and whether the other side contests. A simple uncontested matter can end in months; a contested property suit can take years, with appeals adding more. Commercial courts, summary suits, mediation and Lok Adalats are designed to be faster. Ask your advocate for a realistic estimate, and consider settlement routes early.

What is a caveat, and when should I file one?

A caveat is a notice filed in a court by a person who expects someone to file a case against them and seek an urgent order, asking the court not to pass any order without hearing them. Under the Code of Civil Procedure, a caveat remains in force for ninety days. It is useful where a person expects, for example, a suit for injunction over a property or a challenge to a decision.

What does an ex parte order mean?

An ex parte order is passed without hearing one side, usually because that side did not appear despite notice, or because urgent interim relief was needed. It is not the end of the matter: the absent party can usually apply to set it aside by showing sufficient cause for not appearing, or seek to vacate an interim order. Act quickly, because time limits apply.

How long do I have to file a civil case?

The Limitation Act fixes the time, which depends on the type of claim: for most money claims and suits on contracts, three years from when the cause of action arose; for recovery of possession of immovable property based on title, twelve years; and shorter periods for some appeals and applications. A case filed late can be dismissed even if it is otherwise strong, so do not wait.

Can a case be transferred to another court?

Yes, in appropriate circumstances. A higher court can transfer a case from one court to another where there is a reasonable apprehension that justice will not be done, or for the convenience of parties and witnesses. The Supreme Court frequently transfers matrimonial cases to a court convenient for the wife. A transfer petition must show a real reason, not a mere preference.

What is the difference between a civil case and a criminal case?

A civil case is a dispute between private parties about rights and obligations — property, money, contracts, family matters — and usually ends in an order for payment, possession, or declaration of rights. A criminal case is brought by the state against a person accused of an offence and can end in punishment, such as imprisonment or fine. The same facts can give rise to both, such as a dishonoured cheque, which can lead to a criminal complaint and a civil suit for recovery.

What is a stay order?

A stay order temporarily halts something — the operation of an order, a demolition, a sale, or proceedings in another court — until the court decides the matter or a specified date. It is granted where there is a strong case, a risk of irreparable harm and a balance of convenience in favour of the applicant. Stays can be conditional, such as on deposit of money, and can be vacated if circumstances change.

What is a summary suit?

A summary suit is a faster civil procedure available for recovering money on a negotiable instrument, such as a cheque or promissory note, or on a written contract for a fixed sum. The defendant must obtain the court’s leave to defend by showing a real defence; if leave is refused, the court can pass a decree quickly. It is useful where the debt is clearly documented.

What happens if the other side does not obey a court decree?

The winning party files an execution petition in the court that passed the decree. The court can attach and sell the judgment debtor’s property, attach salary or bank accounts, order delivery of possession, and in some cases order detention. Execution can take time, so identify the other side’s assets early and act promptly.

What is an affidavit of evidence?

In many civil and family cases, a witness’s examination-in-chief is filed as an affidavit instead of being given orally, and the witness then appears for cross-examination on it. It saves court time. The affidavit must contain only facts within the witness’s knowledge, and the witness must be able to stand by every statement in cross-examination.

What is an injunction?

An injunction is a court order directing a person to do or not to do something, such as not to sell a property, not to demolish a building, or not to use a trademark. Temporary injunctions last while the case is pending; permanent injunctions are part of the final decree. Disobeying an injunction can lead to attachment of property and detention.

Can a case be withdrawn after filing?

Generally, a plaintiff can withdraw a civil suit, but may need the court’s permission to file a fresh suit on the same cause. In criminal cases, withdrawal depends on the type of case: complaints in certain cases can be withdrawn by the complainant, compoundable offences can be compounded, and the prosecution can withdraw with the court’s consent.

What is a review and an appeal?

An appeal asks a higher court to reconsider the decision of a lower court. A review asks the same court to reconsider its own decision, on limited grounds such as an error apparent on the face of the record or discovery of new important evidence. Each has its own time limits, and missing them can close the option.

What is contempt of court?

Contempt of court includes wilful disobedience of a court order, and acts that scandalise the court or interfere with the administration of justice. Courts can punish contempt with fine or imprisonment. If you cannot comply with an order, apply to the court for more time or modification rather than ignoring it.

How are court fees calculated?

Court fees are fixed by state court fee laws and depend on the type of case and, in many civil cases, on the value of the claim or property. Some matters carry a fixed fee. Fees paid in a case settled at a Lok Adalat can be refunded. Your advocate will calculate the fee when filing.

Can an advocate refuse to return my case file?

Documents belonging to the client should be returned when the client asks, subject to the advocate’s right, in limited circumstances, to retain them until fees are settled. Professional conduct rules govern this. If there is a dispute, the client can approach the State Bar Council. Keep copies of important documents yourself.

Online safety, privacy and reputation

20 questions

Someone is defaming me online. What can I do?

Preserve evidence first: screenshots with the date and URL, and links to the posts. Report the content to the platform, which has grievance obligations under the IT rules. A legal notice often leads to removal. Defamation is both a civil wrong, for which damages can be claimed, and an offence under the Bharatiya Nyaya Sanhita, subject to exceptions such as truth for the public good and fair comment.

Someone has created a fake profile in my name. How do I get it removed?

Report the profile to the platform using its impersonation reporting process, with proof of identity. Platforms are required by the IT rules to act on complaints about impersonation, particularly where a person’s images are misused. If the profile is used for fraud or harassment, report it on the national cyber crime portal and to the police. Keep screenshots of the profile and any messages sent from it.

What rights do I have over my personal data under the DPDP Act?

The Digital Personal Data Protection Act gives individuals the right to be informed about the personal data a business holds and how it is used, to correct and complete it, to have it erased when it is no longer needed or when consent is withdrawn, to nominate someone to exercise these rights after death or incapacity, and to have grievances addressed. Complaints can eventually go to the Data Protection Board. Our DPDP guide explains these rights.

Is it legal to record a phone call without the other person knowing?

Recording a call you are part of is not in itself an offence in India, and such recordings have been admitted as evidence in some cases, subject to proof of authenticity and relevance. Courts have, however, treated secret recording of a spouse as a privacy question in some matrimonial cases, and recordings must not be used to harass or defame. Intercepting calls you are not part of is unlawful. Preserve the original file and device if you intend to rely on a recording.

Can I use someone else’s photo or content on my business page?

Not without permission, unless an exception applies. Photos, articles, videos and designs are protected by copyright, and using them commercially without a licence can lead to takedown notices and claims. Use your own content, licensed stock images, or content whose owner has given written permission. If someone copies your content, a copyright infringement notice is the usual first step.

How can I get an intimate photo or video of me removed from the internet?

Report it to the platform immediately. The IT rules require intermediaries to remove content that exposes a person’s private area or shows them in a sexual act, including morphed images, within twenty-four hours of a complaint by the person or someone on their behalf. Report it also on the national cyber crime portal, which has a separate category for such content. Keep evidence, but do not forward the content to anyone.

What should I do if my social media account is hacked?

Use the platform’s account recovery process at once, change passwords on your email and linked accounts, and turn on two-factor authentication. Warn your contacts not to respond to money requests from the account. If the account is being used for fraud or harassment, report it on the national cyber crime portal. Keep screenshots and the platform’s acknowledgement numbers.

Is it illegal to share someone’s private chat screenshots?

It can be. Sharing private messages can infringe a person’s privacy, and if the shared material is false or damaging to reputation, it may amount to defamation. Sharing intimate content, or content that insults the modesty of a woman, is a criminal offence. Screenshots can be produced as evidence in legal proceedings, but circulating them publicly is a different matter. Think carefully and take advice before sharing.

How do I report a fraudulent call or SMS?

Suspected fraud calls, SMS and WhatsApp messages can be reported on the Chakshu facility of the government’s Sanchar Saathi portal, which helps telecom authorities act against numbers used for fraud. Do not share OTPs, click links or install apps suggested by callers claiming to be from banks, courier companies, police or government agencies. If money has already been lost, call 1930 immediately.

Is using a VPN legal in India?

Using a VPN is not illegal in India. VPN service providers operating in India are, however, required by CERT-In’s directions to keep subscriber information and logs for a specified period, which led some providers to withdraw servers from India. Using a VPN to commit an offence, or to access content that is unlawful, remains an offence.

Can a company share my phone number with other businesses?

Not freely. Under the Digital Personal Data Protection Act, a business may process your personal data, including your phone number, only for purposes you consented to or for certain legitimate uses, and must tell you what it collects and why. Sharing it with others for their marketing needs a lawful basis. You can withdraw consent and ask for erasure. Unwanted commercial calls and messages can also be reported under the telecom regulator’s rules on unsolicited commercial communication.

What is a digital arrest scam?

Fraudsters call pretending to be police, customs, CBI or other officials, claim you are involved in a crime, keep you on a video call for hours saying you are under “digital arrest”, and demand money to clear your name. There is no such thing as digital arrest under Indian law, and genuine agencies do not demand money on calls. Disconnect, do not transfer money, and report immediately to 1930 or the cyber crime portal.

What should I do if I receive a fake court or police notice by email or WhatsApp?

Do not click links, pay money or share documents. Verify independently by contacting the court, police station or agency through official numbers, or checking the case on the eCourts portal. Genuine summons and notices follow the law’s procedure. Report fake notices on the cyber crime portal.

Can my employer monitor my work computer?

Generally, an employer can monitor devices and accounts it provides for work, subject to its policies and the data protection law, which requires notice and a lawful purpose. Employees should assume that work devices and email are not private. Monitoring of personal devices and accounts is far more restricted.

Is it legal to post photos of someone without consent?

It depends on the photo and the context. Posting photos taken in a public place is not automatically unlawful, but capturing or sharing images of a person’s private parts or private acts is a crime, and posts that defame, harass or insult a person can lead to civil and criminal liability. Photos of children and of people in vulnerable situations need special care.

How can I protect my WhatsApp and email from hacking?

Turn on two-step verification in WhatsApp and two-factor authentication in email, use a strong, unique password for each account, never share OTPs or verification codes, and avoid installing apps from links. Check the linked devices in WhatsApp regularly. Keep your phone’s software updated.

What is SIM swap fraud?

Fraudsters obtain a duplicate SIM for your mobile number, often by impersonating you at the operator, and then receive your OTPs to access bank accounts. If your phone suddenly loses network for a long time without reason, contact your operator and bank at once. Use app-based authentication where possible, and keep your bank informed of your correct number.

What is an OTP scam, and how can I avoid it?

Fraudsters trick people into sharing one-time passwords by pretending to be bank staff, delivery agents, electricity company officials or relatives in trouble. No genuine bank or company asks for an OTP on a call. Read OTP messages carefully, because they state what transaction they authorise. If you have shared one, call your bank and 1930 immediately.

Can I get money back after paying a fraudster by UPI?

Sometimes. Reporting immediately to 1930 and the cyber crime portal allows the money trail to be frozen before it is withdrawn, and money recovered can be returned through the court. Report to your bank too. Recovery becomes much harder after a few hours. Keep the transaction ID and the fraudster’s UPI ID and number.

Is it safe to share Aadhaar on WhatsApp for a job or rental?

Share only a masked Aadhaar, and only with someone you have verified, because a full Aadhaar with other documents can be misused for loans or SIM cards in your name. Write the purpose and date across the copy you share. Lock your Aadhaar biometrics and check its authentication history periodically.

Women’s rights and safety

19 questions

What is a Zero FIR and can a woman file one at any police station?

A woman who is a victim of an offence can report it at any police station, whatever the place where the offence happened. The police must record it and transfer it to the station that has jurisdiction. This is especially important in sexual offences, where delay can mean lost evidence. If a police station refuses, the complaint can be sent to the Superintendent of Police or submitted online, and refusal to record information about certain offences against women is itself punishable.

Can a woman record her statement at home instead of the police station?

In offences such as rape and other sexual offences, the law provides that the victim’s statement is to be recorded by a woman police officer, and where possible at the victim’s residence or a place of her choice, in the presence of her parents or a person she trusts. Where the victim is temporarily or permanently disabled, special arrangements apply, and the statement may be video-recorded.

Is the identity of a sexual assault victim protected?

Yes. Disclosing the name or any matter that could make known the identity of a victim of rape or certain other sexual offences is a criminal offence, subject to narrow exceptions, such as disclosure by the police for investigation or with the victim’s written authorisation. The Supreme Court has directed that the media, social media and the public must not reveal such identities, even indirectly. Court records use a pseudonym.

What can a woman do about stalking or repeated unwanted messages?

Stalking — repeatedly following a woman or contacting her despite clear disinterest, or monitoring her use of the internet, email or other electronic communication — is an offence under the Bharatiya Nyaya Sanhita. Save messages, call logs and screenshots, block the person, and report to the police or on the national cyber crime portal. The women’s helpline 181 and the police emergency number 112 can help urgently.

What is the women helpline number, and what does it do?

The women helpline 181 offers round-the-clock support to women facing violence at home or in public, with information, referral to police, hospitals, legal aid and shelter, and in many states links to One Stop Centres. The national emergency number 112 connects to police, fire and ambulance. Keeping both numbers saved on your phone, and on the phones of women in your family, is worthwhile.

What are One Stop Centres?

One Stop Centres, sometimes called Sakhi centres, are government-run facilities in districts across India that give women affected by violence integrated support under one roof: emergency shelter, medical aid, police assistance, legal aid and counselling. A woman can walk in herself or be referred by the police, a hospital or the helpline. Services are free.

Does a woman have equal rights in her parents’ property after marriage?

Yes. A married daughter has the same rights as a son in her parents’ property under the Hindu Succession Act, both as a coparcener in joint family property and as a Class I heir in her father’s and mother’s self-acquired property if they die without a will. Marriage does not change this. Pressure to sign away her share is common; she need not sign anything she does not want to.

Is marital rape a crime in India?

The Bharatiya Nyaya Sanhita, like the earlier Penal Code, contains an exception under which sexual intercourse by a man with his own wife, who is not under eighteen, is not rape. The constitutional validity of this exception has been challenged, and the matter has been before the Supreme Court. Meanwhile, sexual violence within marriage can be the basis of cruelty proceedings, domestic violence remedies and divorce.

Can an employer refuse to hire or promote a woman because she may have children?

Discrimination against women in recruitment, promotion and conditions of service is prohibited under labour law, and dismissing a woman because of pregnancy or during maternity leave is specifically unlawful. Questions about marriage and family plans in interviews are inappropriate and can be evidence of discrimination. Complaints can go to the labour authorities or, for public employment, to the courts.

Can a woman be forced to live with her in-laws?

No adult can be forced to live anywhere against her will. A wife who does not wish to live with her in-laws can seek separate residence, and courts consider the circumstances in maintenance and matrimonial cases. At the same time, courts have treated a wife’s persistent insistence on separating a husband from his parents, without reason, as a factor in some divorce cases. Each case depends on its facts.

What documents should a woman keep safely in case of a marital dispute?

Copies of her marriage certificate, identity and address documents, educational certificates, bank and investment records, property documents, a list and photographs of her jewellery and gifts, medical records of any injuries, and messages or recordings relevant to the dispute. Keeping digital copies in a secure cloud account, and physical copies with a trusted person, protects them if she has to leave the home suddenly.

Is dowry given before a complaint was filed recoverable?

Dowry itself is unlawful, but the law requires that any dowry received by someone other than the woman be transferred to her within the time specified, and failure to do so is an offence. Gifts to the woman form part of her stridhan. She can claim return of her property through the courts, and withholding it can amount to criminal breach of trust.

Can a woman get free legal aid?

Yes. Every woman is entitled to free legal services under the Legal Services Authorities Act, irrespective of her income. This includes advice, drafting and representation by an advocate in court. She can approach the legal services authority at the district court, the national legal aid helpline 15100, or the legal aid clinic at a One Stop Centre.

What protection does the law give against acid attacks?

Throwing or attempting to throw acid is a grave offence with severe punishment, and the Supreme Court has directed regulation of acid sales, free treatment of victims by all hospitals, and compensation. Victims are entitled to free medical treatment, and states pay compensation under victim compensation schemes. Acid attack survivors are also recognised as persons with disabilities for reservation and benefits.

Can a woman keep her maiden name on property and bank documents after marriage?

Yes. There is no legal requirement to change her name on any document after marriage. Many women keep their maiden name for bank accounts, property, professional registrations and passports. Using one name consistently avoids confusion; if two names are used, a one and same person declaration helps. Our one and same person affidavit guide explains it.

Can a woman file a complaint against her husband for domestic violence without filing for divorce?

Yes. Proceedings under the Domestic Violence Act are independent of divorce. A woman can seek protection orders, residence orders, monetary relief and custody while remaining married, and many women do so to stop violence without ending the marriage. A Protection Officer can help prepare the domestic incident report.

Is sexual harassment at a workplace with fewer than ten employees covered?

Yes. Where the workplace has fewer than ten employees, or the complaint is against the employer, the complaint goes to the Local Committee constituted by the district officer. Domestic workers also complain to the Local Committee. The protections of the POSH law apply regardless of the size of the workplace.

Can a woman get an FIR registered against a husband who lives abroad?

Yes. An FIR can be registered in India for offences committed against her, including cruelty and dowry harassment, even if the husband lives abroad. Courts can issue summons and warrants, and authorities can issue look-out circulars and seek impounding of passports in appropriate cases. The Ministry of External Affairs has schemes to assist women deserted by NRI husbands.

What is the Sukanya Samriddhi account?

It is a government savings scheme for a girl child, opened by a parent or guardian before the girl turns ten, with a fixed maturity period and tax benefits. Partial withdrawal is permitted for higher education after she turns eighteen. The interest rate is set by the government each quarter.

Senior citizens and parents

12 questions

Can a gift of property to children be cancelled if they stop caring for the parent?

Under the senior citizens law, if a senior citizen transferred property by gift or otherwise on the condition, express or implied, that the transferee would provide basic amenities and care, and the transferee fails to do so, the tribunal can declare the transfer void. Courts have applied this where care was clearly the basis of the transfer. Writing the condition of care into the gift deed makes it easier to prove.

What concessions are available to senior citizens?

Common concessions include higher interest rates on some deposits and savings schemes for senior citizens, tax benefits under the income tax law, priority services in banks and government offices, and concessions in some transport. Rail fare concessions for senior citizens were withdrawn in 2020. Benefits vary between states and change from time to time, so check the current scheme before relying on it.

How can a senior citizen protect against property fraud?

Keep original property documents in a safe place, preferably a bank locker, and give copies only where needed. Never sign blank papers or documents you have not read, and be cautious with general powers of attorney. Register a will so that your wishes are clear. Consider adding a trusted person to your bank’s contact list and alert the Sub-Registrar if documents are stolen. Our will drafting guide helps with the last step.

Can a senior citizen get a will made at home?

Yes. A will can be written, signed and attested at home, and an unregistered will is valid if properly signed and witnessed. If the will is to be registered and the testator cannot visit the Sub-Registrar’s office because of age or illness, the law allows the registering officer to attend at the person’s residence on application and payment of fees. A doctor’s certificate of sound mind, taken the same day, strengthens the will.

What is a living will or advance directive?

It is a document in which an adult of sound mind records their wishes about medical treatment if they later become terminally ill or permanently unconscious and unable to decide, including refusal of life-prolonging treatment. The Supreme Court recognised advance directives in 2018 and simplified the procedure in 2023, requiring signature before witnesses and attestation by a notary or gazetted officer, with a copy kept with the local authority or the family doctor.

Can children be forced to take care of parents who live separately?

The law cannot force a child to live with a parent, but it can order maintenance so that the parent’s basic needs are met, and it treats abandonment of a senior citizen by a person having care of them as an offence. Maintenance tribunals also encourage conciliation. Where the relationship has broken down, a fair financial arrangement is usually more realistic than forced cohabitation.

Is a pension or life insurance nomination the same as a will?

No. A nomination tells the institution whom to pay, and gives it a discharge when it pays that person. For most assets, the nominee holds the money for the legal heirs, who take according to the will or the law of succession. Some statutes give special rights to nominees, for example in certain insurance policies. A will is the only way to decide who finally inherits most assets.

How can a senior citizen avoid visiting offices for documents?

Many services are now available online or at home: life certificates for pensioners through digital life certificates, doorstep banking for senior citizens at many banks, online applications for certificates, and home visits by registering officers in some cases. For documents that need personal presence, ask the office whether a home visit or priority counter is available for senior citizens.

What is a digital life certificate for pensioners?

It is an Aadhaar-based biometric or face-authentication certificate, known as Jeevan Pramaan, that pensioners of the central government and many other pension-disbursing agencies can submit online to confirm that they are alive, instead of appearing in person at the bank or office. It can be generated through authorised centres, banks, post offices, doorstep services or a mobile app. Most pensioners must submit it every year, usually in November.

Can a senior citizen get priority hearing in court?

Many courts give priority to cases involving senior citizens on application, and some High Courts have directed that such cases be listed and decided expeditiously. The advocate can file an application for early hearing mentioning the litigant’s age and health.

What is a reverse mortgage?

A reverse mortgage lets a senior citizen who owns a house receive periodic payments or a lump sum from a bank against the house, while continuing to live in it. The loan is repaid from the sale of the house after the borrower’s death or when they leave it, or the heirs can repay it and keep the house. Terms vary between banks.

Can a senior citizen transfer property to a trust?

Yes. A private trust can hold property for the benefit of named beneficiaries, managed by trustees, and can be useful for providing for a family member with special needs or for avoiding disputes. A trust of immovable property must be created by a registered instrument. Trusts need careful drafting and ongoing administration.

Students, education and certificates

15 questions

Can a college refuse to return my original certificates after I leave?

Institutions should not keep students’ original certificates as a condition of paying fees for the whole course or to stop them leaving. The University Grants Commission has directed higher education institutions not to retain original certificates and to refund fees in accordance with its refund policy when a student withdraws. Write to the institution asking for return, refer to the UGC guidelines, and escalate to the UGC grievance portal or the university if needed.

Will I get my fees back if I withdraw from a college after admission?

Under the UGC’s fee refund policy for higher education institutions, a student who withdraws within specified periods before or after the notified last date of admission is entitled to a refund, with only a small processing deduction in the earliest period and reducing refunds later. Private and state institutions may have their own rules, but many are bound by the UGC policy. Check the institution’s prospectus and the current UGC notice, and apply in writing.

How do I get a migration certificate?

A migration certificate is issued by the board or university from which you passed, to allow admission to another board or university. Apply to the board or university, usually online, with your mark sheet, passing certificate and fee. Some universities issue it along with the degree; others on request. Apply early, because admissions often cannot be confirmed without it.

How can I get a duplicate mark sheet or degree?

Apply to the board or university that issued it, with a lost document report, an affidavit about the loss, identity proof and the prescribed fee. Some boards also ask for a newspaper advertisement. Many boards and universities now issue certificates through DigiLocker, which can be downloaded without a duplicate. Our lost document affidavit guide explains the affidavit.

Is a degree from an online or distance programme valid?

It is valid if the institution and the specific programme are recognised by the UGC or the relevant regulator for delivery in online or distance mode for that year. Some professional programmes, such as engineering and medicine, cannot be pursued through distance education. Check the UGC’s list of recognised institutions and programmes before enrolling, and keep the recognition letter for the year of admission.

How do I verify whether a university is fake?

The UGC publishes and updates a list of self-styled institutions that are not recognised and cannot award degrees. Check that list, and check that the university appears in the UGC’s list of recognised universities and, for professional courses, is approved by the relevant council. Degrees from unrecognised institutions are not valid for jobs or further studies.

Is ragging a criminal offence?

Ragging is prohibited by UGC regulations and by several state laws, and conduct during ragging can amount to offences under the Bharatiya Nyaya Sanhita, such as hurt, wrongful restraint, criminal intimidation and sexual harassment. Institutions must have anti-ragging committees and squads, and the national anti-ragging helpline receives complaints. Punishments range from suspension and expulsion to prosecution.

Can a school deny admission for not having a birth certificate?

Under the Right to Education Act, no child can be denied admission in elementary education for lack of proof of age; other documents or a declaration can be accepted. Since October 2023, the birth certificate is the primary document for proving date of birth for school admission for children born after that date, so obtaining it early avoids problems.

What is the EWS quota in private schools in Delhi?

Under the Right to Education Act, private unaided schools must reserve a percentage of entry-level seats for children from economically weaker sections and disadvantaged groups, with fees reimbursed by the government. In Delhi, admission to these seats is made through a centralised online lottery run by the Directorate of Education, with income and residence criteria. Keep income and residence documents ready before the application window opens.

Can a student get a character certificate from school?

Yes. Schools and colleges issue character certificates, commonly along with the school leaving or transfer certificate, stating the student’s conduct. They are needed for admissions and some jobs. If the institution delays, apply in writing. The certificate should be on letterhead and signed by the head of the institution.

Are foreign degrees recognised in India?

For many purposes, a foreign degree needs an equivalence certificate from the Association of Indian Universities or, under newer regulations, recognition through the UGC, particularly for higher studies and jobs that require a recognised degree. Medical and some professional qualifications have their own screening and licensing requirements. Keep apostilled or attested copies of transcripts and degrees ready.

Can a school withhold a transfer certificate for unpaid fees?

Schools sometimes do, but authorities and courts have repeatedly held that a child’s transfer certificate should not be withheld in a way that stops the child’s education, particularly for elementary education under the Right to Education Act. Fee dues can be recovered by other means. Complain in writing to the school and to the district education officer.

Is it legal for a coaching centre to refuse a refund when a student leaves?

Guidelines issued by the central government for coaching centres require refund of fees on a pro-rata basis within a set time when a student leaves midway, and require transparent fee policies. Consumer commissions have also ordered refunds where coaching institutes refused them unfairly. Apply in writing and keep the fee receipts and prospectus.

How can I get my marks re-evaluated?

Boards and universities allow students to apply for verification of marks, photocopies of answer books and re-evaluation within short deadlines after results, on payment of a fee. Apply quickly, because windows can close within days. If the process is not followed fairly, a grievance can be raised with the board or university and, in some cases, before the courts.

Are students entitled to see their answer sheets?

Yes. The Supreme Court has held that evaluated answer books are information that an examining body must disclose under the Right to Information Act, subject to reasonable conditions, and many boards and universities provide photocopies on application. Check the board’s own procedure first, which is usually faster.

Vehicles, driving licence and traffic

16 questions

How do I apply for a learner’s licence and driving licence?

Apply online through the government’s transport services portal, upload documents, and pass the online test for a learner’s licence. After the waiting period, and within the learner licence’s validity, book a driving test at the transport authority or an accredited driving training centre, which under the 2024 rules can certify candidates. Carry your learner’s licence and documents on the test date.

What should I do if my car is stolen?

Report it to the police immediately; in Delhi, vehicle theft can be reported through an online e-FIR. Inform your insurer the same day and give them a copy of the FIR, and tell the transport authority. The insurer usually waits for the police untraced report before settling. Keep the original keys, registration certificate and insurance policy ready for the claim.

How is a vehicle’s ownership transferred after sale?

The seller and buyer apply to the registering authority with the prescribed forms, the registration certificate, insurance, pollution certificate and identity documents, usually online. The seller should also inform the authority of the sale within the time allowed. Until the transfer is recorded, the seller can be held responsible for challans and accidents. Our vehicle transfer guide explains each step.

Is it compulsory to have third-party motor insurance?

Yes. Every motor vehicle used in a public place must have at least third-party insurance under the Motor Vehicles Act, which covers liability for death, injury and damage to third parties. Driving without it is an offence and can lead to fines and seizure. A comprehensive policy also covers damage to your own vehicle and theft.

What is the penalty for drunk driving?

Driving with alcohol in the blood above the permitted limit is an offence under the Motor Vehicles Act, with fines and imprisonment that increase for repeat offences, and suspension of the driving licence. If a drunk driver causes death or injury, serious criminal charges under the Bharatiya Nyaya Sanhita can also follow. Insurance may not cover accidents where the driver was drunk.

Can parents be punished if a minor drives?

Yes. Where a juvenile commits a traffic offence, the guardian or owner of the vehicle is deemed guilty unless they prove the offence was committed without their knowledge or that they took care to prevent it, with a fine and possible imprisonment. The vehicle’s registration can be cancelled, and the juvenile may be barred from getting a licence until twenty-five. Minors should never be allowed to drive.

Do I need to carry original vehicle documents while driving?

Documents kept in DigiLocker or the official mParivahan app are recognised as valid by traffic authorities, in place of physical copies of the driving licence and registration certificate. Insurance and pollution certificates can also be shown digitally. Keep the app updated and the phone charged. Traffic police can verify documents electronically.

How can I check pending challans on my vehicle?

Through the government’s e-challan portal or the traffic police website, using the vehicle number or driving licence number. Pending challans can be paid online, or contested before the virtual court or at a Lok Adalat when held. Clear pending challans before selling a vehicle, because they can hold up the transfer.

Is it legal to put a black film on car windows?

No. The Supreme Court has held that any film on car windows is not permitted, and glass must meet the visibility standards set by the motor vehicle rules as manufactured. Using black films can lead to fines and removal. Some protected persons have security exemptions granted by authorities.

What should I do if I am involved in a minor accident?

Stop, check for injuries and call for help if needed. Take photographs of the vehicles, the scene and number plates, exchange details with the other party, and inform your insurer promptly. Report to the police if anyone is injured or if the other party disputes the facts. Do not sign any written settlement at the spot without understanding it.

Can a vehicle be registered in another state and used in Delhi?

A vehicle registered in another state can be driven in Delhi temporarily, but if it is kept in Delhi for more than the period allowed under the motor vehicle rules, it must be re-registered in Delhi, with road tax paid there. The Bharat series (BH) registration is available to certain employees who move between states. Old vehicles face additional restrictions in Delhi.

Are old diesel and petrol vehicles banned in Delhi?

Orders of the Supreme Court and the National Green Tribunal restrict the plying of diesel vehicles older than ten years and petrol vehicles older than fifteen years in Delhi and the National Capital Region, and authorities have deregistered and impounded such vehicles. Owners have the option of obtaining a no-objection certificate to re-register them in other states within the rules. Policies have been revised from time to time, so check the current rule.

How do I renew an expired driving licence?

Apply online through the transport services portal with the licence details, medical certificate where required and fee. A licence can generally be renewed within a grace period after expiry without a fresh test; after a longer lapse, a fresh test may be required. Driving on an expired licence beyond the grace period is an offence.

What is an international driving permit?

An international driving permit is issued by the Indian transport authority to holders of a valid Indian driving licence, allowing them to drive in many foreign countries for a limited period, together with the Indian licence. Apply online before travelling, with passport, visa and licence. Some countries require a local licence for longer stays.

Can a traffic police officer take away my driving licence?

Traffic officers can seize or impound a licence in specified cases, such as certain serious offences, and forward it for suspension or disqualification proceedings, issuing a receipt. Licences can be suspended by the licensing authority after a hearing. For ordinary challans, the fine is paid and the licence is not taken.

What is a PUC certificate and what happens if I don’t have one?

A pollution under control certificate confirms that a vehicle’s emissions are within permitted limits. Driving without a valid certificate attracts a fine, and in Delhi, a valid certificate is required to buy fuel during certain restrictions. Renew it before expiry at authorised centres, whose data is uploaded online.

Aadhaar, PAN, passport and identity documents

16 questions

Is it compulsory to link PAN with Aadhaar?

Yes, for most individuals holding a PAN who are eligible for Aadhaar. A PAN not linked by the deadline became inoperative, with consequences such as higher tax deduction and inability to process refunds, until it is linked on payment of the prescribed fee. Some categories, such as non-residents and certain senior citizens, are exempt. Check the status on the income tax e-filing portal.

What can I do if someone misuses my Aadhaar?

Lock your Aadhaar biometrics through the UIDAI website or app, so that biometric authentication cannot be done without your unlocking it. Check your Aadhaar authentication history online to see where it was used. Report misuse to UIDAI and, if there is fraud, to the police and the national cyber crime portal. Never share OTPs, and use masked Aadhaar copies where possible.

Is a masked Aadhaar valid as identity proof?

Yes. The masked Aadhaar, which shows only the last four digits of the Aadhaar number, is a valid e-Aadhaar that can be downloaded from UIDAI and is accepted by many organisations. UIDAI has advised against sharing photocopies of the full Aadhaar where a masked version will do. Some institutions that are authorised to use the full number may still ask for it.

Can I get a passport if my documents show different names?

Yes, but the passport office will want the discrepancy explained. Usually an affidavit or declaration in the prescribed format, and supporting documents, are enough for minor differences. For a change of name, the passport office may ask for a gazette notification or other proof. Correcting the key documents first makes the application smoother. See our passport affidavit guide.

What is Tatkaal passport, and who can apply?

The tatkaal scheme gives faster passport processing for an extra fee, for applicants who need it urgently. Most applicants can use it, subject to exclusions set by the passport rules, and police verification may be done after issue in many cases. The applicant must submit the documents specified for tatkaal applications. Book an appointment through Passport Seva.

Do I need police verification for passport renewal?

Often not, where the particulars have not changed and earlier verification was clear, though the passport office decides based on the category of application. Changes of address, name or other particulars may trigger fresh verification. Police verification can now be tracked online, and the mPassport Police app has reduced delays.

How do I apply for a voter ID card or correct it?

Through the Election Commission’s online voter services portal or the voter helpline app, using the form for new registration, shifting of residence or correction of entries. Documents of age and address are needed. Once approved, an electronic voter card can be downloaded. Check your name in the electoral roll before elections.

What is an e-PAN, and is it valid?

An e-PAN is an electronic PAN card issued in digital form, free of charge in some cases through Aadhaar-based instant allotment. It is valid as proof of PAN and identity, just like a physical PAN card. A physical card can be ordered separately on payment of a fee.

Can a minor have a PAN card or bank account?

Yes. A minor can have a PAN, applied for through a parent or guardian, and can hold a savings account operated by the guardian, or independently once the bank permits from about age ten for certain accounts. On attaining majority, the account and PAN details should be updated with the person’s own signature and photograph.

What should I do if my passport is lost abroad?

Report the loss to the local police and obtain a report, then contact the nearest Indian embassy or consulate, which can issue an emergency certificate for return to India or a new passport, depending on the circumstances. Keep scanned copies of your passport and visa pages in a secure email or cloud account before travelling, which speeds up the process.

How do I change my address in my passport?

Apply for reissue of the passport with change of address through Passport Seva, with proof of the new address, such as Aadhaar, a registered rent agreement, a utility bill or a spouse’s passport. Police verification may be done at the new address. A passport with the old address remains valid for travel until expiry; changing it is needed mainly when the passport is used as address proof.

Can I travel with a passport that has less than six months’ validity?

Many countries require a passport to be valid for at least six months beyond the date of entry, and airlines may refuse boarding otherwise. Renew well before that. Reissue can be applied for up to a year before expiry, or earlier if the pages are exhausted.

How do I get a new PAN card if I lost mine?

You do not need a new PAN; you need a reprint of the same PAN, which can be requested online from the authorised agencies, or you can download an e-PAN. A person must never hold more than one PAN; having two can lead to a penalty. If you have been allotted two by mistake, surrender one.

Can I have two voter ID cards?

No. Being registered as a voter in more than one constituency, or more than once in the same one, is not permitted, and making a false declaration to get registered is an offence. When you shift residence, apply to shift your registration rather than registering afresh.

How do I get an Aadhaar card for a newborn?

A child’s Aadhaar, called Baal Aadhaar for children under five, is issued without biometrics, on the basis of the birth certificate and a parent’s Aadhaar. Biometrics are captured at ages five and fifteen through mandatory updates, which are free during the specified periods. Many birth registration processes now allow enrolment at the hospital or registrar.

Is a digital signature needed to file income tax returns?

Most individuals can file and verify their income tax returns electronically through Aadhaar OTP, net banking or other electronic verification methods, without a digital signature certificate. Companies and some other taxpayers, and those whose accounts must be audited, generally need a digital signature. Verify the return within the time allowed after filing, or it is treated as not filed.

Wills, succession and after a death

14 questions

Can a will be handwritten?

Yes. A will written by hand, called a holograph will, is valid if it is signed by the person making it and attested by two witnesses who saw the signature, like any other will. Clear handwriting, full names, dates and a clear description of the property help avoid disputes. A handwritten will can also be registered. Our will drafting guide explains the formalities.

Can a will be changed after it is made?

Yes, as many times as the person wishes during their lifetime, while of sound mind. A new will should state that it revokes all earlier wills, or a codicil can make specific changes. Each new will or codicil must be signed and attested by two witnesses like the original. The last valid will prevails. Tearing up the old will with the intention of revoking it also revokes it.

Who should be the executor of a will?

An executor is the person who carries out the will: collects the assets, pays debts and distributes the property. It should be someone trustworthy, organised and likely to outlive the testator — often an adult child, a spouse, a close relative or a professional. More than one executor can be appointed. The executor can also be a beneficiary. Tell the executor where the will is kept.

What happens if a will is found to be forged?

A forged will has no legal effect, and the property passes as if there were no will, under the law of succession. Forgery is also a serious criminal offence. Disputes about genuineness are decided by courts on evidence such as witnesses’ testimony, handwriting experts and the surrounding circumstances. Registration and a video recording of the signing make a will much harder to challenge.

How are bank accounts closed after the account holder’s death?

The nominee, or if there is none, the legal heirs, apply to the bank with the death certificate, identity documents and the bank’s claim form. Where there is a nominee, the bank pays the nominee. Without a nominee, banks usually settle smaller amounts on indemnity and affidavits of the heirs, and larger amounts on a succession certificate or other proof of heirship, under their board-approved limits.

How are shares and mutual funds transferred after death?

The nominee or legal heirs submit the death certificate and transmission forms to the depository participant, the registrar or the fund house. With a nominee, transmission is straightforward, though the nominee holds for the legal heirs. Without one, the heirs usually provide a succession certificate, probate, or indemnity and affidavits within specified value limits. Keeping nominations updated saves heirs months of paperwork.

How does a family transfer a deceased person’s vehicle?

The person entitled to the vehicle applies to the registering authority within the time allowed after the death, with the death certificate, proof of succession or a no-objection from other heirs, and the vehicle documents, for transfer of ownership. Insurance should be transferred at the same time. Using a deceased person’s vehicle for long without transfer creates problems for claims and challans.

Can a person leave nothing to their spouse or children in a will?

Under the Indian Succession Act and Hindu law, a person can generally dispose of their self-acquired property by will as they wish, including leaving nothing to a spouse or children, though dependants may still claim maintenance in some circumstances. Muslims face the one-third limit on bequests. Courts examine unnatural wills carefully for suspicious circumstances, so reasons for unequal gifts are best recorded.

Should a will be kept in a bank locker?

A bank locker is safe, but the will may be hard to reach after death because opening the locker itself needs the nominee or legal heirs to follow the bank’s procedure. Many people keep the original in a safe place at home or with the executor and register it, so that a certified copy is always available from the Sub-Registrar. Tell at least one trusted person where it is.

What is a codicil?

A codicil is a document that adds to, changes or explains part of an existing will without replacing it entirely. It must be signed and attested in the same way as a will. For more than small changes, making a fresh will is usually clearer, because several codicils read together can create confusion.

Is a legal heir certificate needed for a pension claim?

For family pension, the pension-sanctioning authority usually relies on the family details recorded in the pensioner’s service records and pension papers, along with the death certificate and the claimant’s identity. Where the details are not recorded or are disputed, the authority may ask for a legal heir or family member certificate from the revenue authorities. Keeping the family details in service records updated avoids delay.

Can a will be made on plain paper?

Yes. A will does not need stamp paper, and stamp duty is not payable on a will. It can be written on plain paper, signed by the testator and attested by two witnesses. Registration is optional. Using good quality paper, numbering and signing every page, and keeping it safely are sensible practices.

Can a person with a disability or illness make a valid will?

Yes, if they are of sound mind at the time of making it, meaning they understand what they own, who their family is and what the will does. Physical disability or illness does not prevent it. Where capacity may later be questioned, a doctor’s certificate of mental soundness on the day, and a video recording of the signing, help.

What is the difference between probate and letters of administration?

Probate is a court’s certificate confirming a will and the executor’s authority. Letters of administration are granted where there is a will but no executor able to act, or where there is no will, authorising an administrator to manage the estate. Both are issued by civil courts under the Indian Succession Act.

Working with Legal Space Services

4 questions

Can you handle a matter that needs documents from more than one office?

Yes. Many matters involve several steps across offices — for example, a marriage registration followed by a name change affidavit, a gazette notification and a passport update. We plan the steps in the right order, so that each document supports the next, and handle them as one file. Tell us the end result you need, not only the first document.

Where can I read more before deciding?

Our document guides explain more than seventy legal documents in depth; our Know the Law pages explain the criminal law sections people actually face; our News page carries legal updates; and the service FAQ answers questions about each of our services, prices and timelines.

Can a family member sign or collect documents on my behalf?

For collecting ready documents, usually yes, with your written authority and their identity proof. For signing, it depends on the document: an affidavit must be signed by the person making it, and registration of property or marriage needs the parties themselves or a properly executed power of attorney where the law allows. Tell us at the start who will sign and who will collect, and we will plan accordingly.

Can my documents be delivered by courier?

Yes. Once a document is ready, we can send it by courier within India, or arrange collection from our office. Some documents need the original to be signed or notarised in person first, and we plan that step with you. For clients abroad, we send documents through international courier after they are completed and, where needed, apostilled.

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Legal questions answered — 409 real questions people in India ask

Marriage, court marriage and registration

Divorce, maintenance and family disputes

Affidavits, notary and stamp paper

Rent agreements and tenants

Property, wills and inheritance

Certificates and government documents

Police, FIR and criminal cases

Consumers, banks, loans and money

Business, startups and registrations

Jobs, employers and workplace rights

NRIs and people living abroad

Advocates, courts and free legal help

Online safety, privacy and reputation

Women’s rights and safety

Senior citizens and parents

Students, education and certificates

Vehicles, driving licence and traffic

Aadhaar, PAN, passport and identity documents

Wills, succession and after a death

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