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Home › Find an Advocate › Landlord and tenant disputes

The tenant will not leave, or the landlord wants you out — and one question decides the whole case before anybody argues anything

Both sides arrive with the same sentence. The landlord says it is his property and he wants it back. The tenant says he has paid on time for years and is being pushed out. Both feel obviously right, and neither of them has yet asked the question that actually decides the case: which law is this tenancy under? Because Delhi has two completely separate systems running side by side, the road you are on is fixed by a single line in a statute, and that line was drawn at a figure that will surprise you. Everything else — which forum, what grounds are even available, how fast it moves, what the tenant can and cannot be evicted for — follows from it. This page is written for both sides, and it does not take one.

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My tenant will not vacate. What is the first thing to establish?Which law applies to the tenancy — not the notice, not the lawyer. Section 3(c) of the Delhi Rent Control Act, 1958 provides that the Act does not apply to any premises, whether residential or not, whose monthly rent exceeds three thousand and five hundred rupees. If your tenancy is below that line you are under rent control: the forum is the Rent Controller and the landlord can only evict on the limited grounds Section 14 lists. Above that line the Act does not apply at all: the tenancy is governed by the agreement and the ordinary law, and the forum is the civil court. Two tenants in the same street can be in entirely different systems. Establish this first, because a notice drafted for the wrong regime is a wasted month.

What this page covers

  1. The line that decides everything: three thousand five hundred rupees
  2. Why Delhi has two systems running side by side
  3. The other exemption people forget
  4. Which forum — and why filing in the wrong one loses months
  5. Inside rent control: Section 14(1) is a closed list
  6. Non-payment: the protection most tenants never hear about
  7. Bona fide requirement: the ground that actually moves
  8. Section 25B — the summary procedure, and why it is dangerous
  9. What leave to defend has to contain
  10. Outside rent control: the ordinary law, and what changes
  11. The notice — Section 106 of the Transfer of Property Act
  12. If you have received a notice
  13. The one thing neither side may do
  14. If you have already been locked out
  15. The security deposit, which is a separate fight
  16. Rent increases, and why the answer depends on which side of the line you are
  17. The property has been sold. Does the tenancy end?
  18. Subletting, and what actually counts as it
  19. Shops, offices and godowns
  20. “It is a leave and licence, so none of this applies”
  21. Why almost all of these end in a settlement
  22. How long does it take, honestly
  23. You have an order and he still has not gone
  24. What the police will and will not do
  25. What actually decides these cases
  26. If you are the tenant and you know you are in the wrong
  27. The first week, on each side
  28. If paying for an advocate is the difficulty
  29. Keeping the file so it survives two years
  30. Mistakes that cost people the case
  31. What to collect before anybody drafts
  32. Our part of a tenancy matter
  33. What we decline in a landlord-tenant matter
  34. What we charge, said up front
  35. Questions people ask

The line that decides everything: three thousand five hundred rupees

Section 3 of the Delhi Rent Control Act, 1958 is headed “Act not to apply to certain premises”. Clause (c) of it provides that nothing in the Act shall apply to any premises, whether residential or not, whose monthly rent exceeds three thousand and five hundred rupees.

Read that once more, because almost nobody in Delhi believes it the first time. If the monthly rent of the premises is above that figure, the Delhi Rent Control Act does not apply to the tenancy at all. Not partly. Not for some purposes. The whole protective structure — the Rent Controller, the closed list of grounds, the protection against eviction, the machinery for deposit of rent — is simply not available, to either side.

And if the rent is at or below that figure, the opposite is true with equal force. The landlord cannot evict because he wants to, cannot evict because the agreement has expired, and cannot evict because he has found a tenant who will pay more. He can evict only on a ground the statute itself lists, before an officer the statute itself creates, and on evidence.

The whole page in four lines

The rent figure decides which of two separate systems you are in. Below the line: Rent Controller, a closed list of grounds, slow but protective. Above the line: civil court, the agreement and the ordinary law, and possession is a normal civil remedy. Nobody on either side may take possession by force whichever system applies. And a tenant served in a bona fide requirement case has one narrow, dated opportunity to defend, which is lost by doing nothing.

So the first thing to establish is not what the agreement says, not what the notice said, and not who is morally right. It is the rent. Everything on this page after this section is written twice — once for each side of that line.

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Why Delhi has two systems running side by side

The reason is history, and knowing it stops the figure feeling absurd.

Rent control legislation in India came out of a period when housing was desperately short and tenants could be turned out at will. The answer the legislature chose was to freeze the relationship: rent could not be raised freely, and a tenant could not be evicted except on stated grounds. That protection is powerful, and it was meant to be.

But a protection that strong, applied to every tenancy forever, has a well-known side effect — owners stop letting property out at all, because a tenant once in is very difficult to get out. So the Act was given a ceiling: above a certain rent, the tenancy is treated as a commercial arrangement between people who can look after themselves, and the ordinary law governs it. The ceiling was fixed at three thousand five hundred rupees by an amendment in 1988, and it has not been revised since.

The practical result today is that the overwhelming majority of Delhi tenancies signed in the last two decades are outside rent control, because almost no rent in the city is below that line. But a great many older tenancies — shops in the walled city, rooms let decades ago, premises where rent was never revised precisely because the tenant knew what revision would cost him — are still firmly inside it. Those are the cases that run for years.

Neither system is the “real” one. They both operate, in the same city, on the same day, in the same building sometimes.

The other exemption people forget

Section 3(d) carries a second exclusion that matters for newer buildings. Premises constructed after the commencement of the 1988 amending Act are exempt from the Act for a period of ten years from the date of completion of construction.

So a tenancy can sit outside rent control for two entirely different reasons, and they behave differently over time. A rent above the line keeps the tenancy outside for as long as that rent stands. A ten-year exemption on a new building is temporary — when it runs out, a tenancy whose rent is below the line comes back into the Act.

That second situation is rare in practice today, because a building completed shortly after 1988 has long crossed ten years and almost no tenancy in such a building is under three thousand five hundred rupees a month. But it is worth knowing the clause exists, because it is the kind of point an opponent raises and nobody in the room has an answer to.

Which forum — and why filing in the wrong one loses months

Rent at or below ₹3,500/monthRent above ₹3,500/month
Governing lawDelhi Rent Control Act, 1958The agreement, the Transfer of Property Act, 1882, and general law
ForumThe Rent Controller (and the Rent Control Tribunal on appeal)The civil court of appropriate jurisdiction
Grounds for evictionOnly what Section 14(1) lists — a closed setDetermination of the tenancy, then possession as an ordinary civil claim
Tenant’s positionStatutory protection; a tenant paying rent and behaving is very hard to removeContractual; once the tenancy is validly ended, continued occupation is not protected
SpeedUsually slow, except the Section 25B routeDepends entirely on the court’s list and how the case is run
Rent increaseRegulated by the ActWhatever the agreement provides, and what the parties agree at renewal

A petition filed before the Rent Controller for premises that are outside the Act does not get decided on its merits — it gets thrown out for want of jurisdiction, and the months spent on it are gone. The reverse is equally true. This is why the rent figure is established first, in writing, from the agreement and the receipts, before anybody drafts anything.

Where the seven district complexes sit and what happens inside them is set out on our Delhi courts page; the complex that hears your matter depends on where the property is.

Inside rent control: Section 14(1) is a closed list

This is the section that surprises landlords. Section 14(1) begins by stating that no order or decree for the recovery of possession of any premises shall be made by any court or Controller in favour of the landlord against a tenant — and then sets out the provisos on which alone such an order may be made.

The structure matters. The default is that the tenant stays. Eviction is the exception, and the exceptions are written down. Broadly, they cover non-payment of rent after a proper demand, subletting or parting with possession without consent, using the premises for a purpose other than the one they were let for, causing substantial damage or making unauthorised construction, causing nuisance, the tenant having acquired or been allotted other suitable accommodation, the premises being required bona fide by the landlord for his own occupation, and the premises being required for rebuilding or repairs which cannot be carried out without vacating.

What is not on that list is the whole point. “The agreement has expired.” “I have found somebody who will pay double.” “He is rude to my family.” “I have decided to sell.” None of these is a ground. Under rent control, a landlord who has nothing from the list has no case, however strongly he feels about it, and the sooner he is told that the less money he spends discovering it.

The exact wording and the conditions attached to each ground are for whoever is advising you to read against your facts — several of them carry provisos that change the answer completely. We have deliberately not reproduced the clause text here, because a paraphrased ground used in a petition is how petitions fail.

Non-payment: the protection most tenants never hear about

Non-payment of rent is the commonest ground and the one most people assume is automatic. It is not, and Section 14(2) is the reason.

In substance, where the ground is non-payment, the Controller shall not make an order for recovery of possession if the tenant makes payment or deposit as required by Section 15 — but that relief is not available to a tenant who has already had the benefit of it once before. The Act gives a defaulting tenant one chance to put the money right and keep the premises. One.

What this means on each side

  • Tenant: if you are behind on rent and a petition has been filed, the money is the defence, and the timing of it is not casual — it is governed by an order the Controller passes. Paying late, paying partly, or paying into the wrong account is how the protection is lost. Ask your advocate about it at the first meeting, not the third.
  • Tenant, again: if you have taken this benefit once in the past, it is not available a second time. A landlord’s advocate will look for exactly that.
  • Landlord: a first-default non-payment petition very often ends with the tenant paying and staying. If what you actually want is possession rather than arrears, this may not be the ground that gets it, and it is better to know that before filing.
  • Both: a proper demand for arrears has to be made before this ground is used at all, and how and when it was made becomes a disputed fact. Send it in a form that can be proved.

If you are the landlord and the arrears are the real grievance, a legal notice properly drafted and provably served is the first step and often the whole of it — a surprising number of tenants pay on receiving one. If you are the tenant and one has arrived, a considered reply sent within time is worth far more than silence.

Bona fide requirement: the ground that actually moves

Of all the grounds in Section 14(1), one behaves differently from the rest: the landlord’s bona fide requirement of the premises for occupation as a residence for himself or for any member of his family dependent on him, where he has no other reasonably suitable residential accommodation.

Every word of that carries weight and each one has been fought over. Bona fide — genuine, not a device to get the premises back for reletting. Requirement — a real need, which is a higher thing than a wish, although the courts have repeatedly said it does not have to be a dire necessity. For himself or a dependent family member — not for a relation who is independent of him, and not for a business where the clause is the residential one. No other reasonably suitable accommodation — and the other premises the landlord owns are going to be put to him in cross-examination, one by one.

For the tenant, this is the ground to take most seriously, for a reason that has nothing to do with its merits and everything to do with the procedure attached to it.

Section 25B — the summary procedure, and why it is dangerous

Because a genuine owner who needs his own house should not have to wait a decade, the Act attaches a special summary procedure to bona fide requirement cases. It is in Section 25B, and it inverts the ordinary position in one decisive way.

In an ordinary case, a defendant who does nothing still forces the claimant to prove his case. Under Section 25B, the tenant on whom the summons is served shall not contest the prayer for eviction unless he files an affidavit stating the grounds on which he seeks to contest, and obtains leave from the Controller. And if he does not, the section provides that the statement made by the landlord in the application for eviction shall be deemed to be admitted by the tenant and the applicant shall be entitled to an order for eviction.

Read that again if you are a tenant

  • Doing nothing does not mean the landlord has to prove his need. It means his case is treated as admitted by you.
  • There is no ordinary written statement here. The first document is an affidavit disclosing your grounds of defence.
  • Leave has to be granted. It is not obtained by asking.
  • The period allowed runs from service and it is short. It is stated in the summons itself — in the prescribed form the summons carries — so the one document you must not put in a drawer is the summons.

We have deliberately not printed the number of days here. It lives in the prescribed form of summons rather than in a much-quoted section number, and a wrong figure repeated from a website is exactly the kind of error that costs somebody their home. Read the summons, and take it to an advocate the day it arrives. Not the week it arrives.

What leave to defend has to contain

The Supreme Court in Abid-Ul-Islam v. Inder Sain Dua (2022) dealt with this procedure and the approach to leave under it. The point that matters for an ordinary tenant is a simple one: leave to defend is not granted for the asking. The affidavit has to disclose facts which, if proved, would disentitle the landlord from obtaining an order. A denial is not such a fact.

The difference between an affidavit that gets leave and one that does not

  • Not “the requirement is not bona fide” — but the address of the other premises the landlord owns, and how you know they are vacant.
  • Not “he wants more rent” — but what he said, when, to whom, and anything in writing that shows it.
  • Not “he is not the owner” — but the document, or the fact about the title, that puts the relationship of landlord and tenant genuinely in issue.
  • Not “the family member does not need it” — but where that person actually lives, and since when.

This is why the summons is not a document to think about over a weekend. Facts of this kind take days to assemble, and the affidavit has to be sworn and filed inside a period that began the moment you were served. Whoever drafts it has to know the facts before the clock runs out.

Our part of this is the typing and the assembly: the affidavit as your advocate settles it, the application, the annexures indexed and paginated, the attestation arranged. What goes into it is his work, and it is the part that decides the case.

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Outside rent control: the ordinary law, and what changes

If the rent is above the line, none of the above applies to you. There is no closed list of grounds, no Rent Controller, and no Section 25B. What there is instead is the agreement you signed and the general law of landlord and tenant.

The shape of such a case is different. A landlord does not need a ground at all in the rent control sense. What he needs is for the tenancy to have come to an end — by the expiry of its term, or by a valid notice determining it — and then a decree for possession from the civil court, because even here he may not take possession himself.

That last clause is the one landlords outside rent control most often get wrong. “The Act does not apply to me” is true. “So I can take my own property back” is not.

Landlord assumesWhat is actually so
“The eleven months are over, so he is a trespasser”He is in possession, and possession is recovered through the court, not by you
“I can change the lock while he is away”That is the one act that turns your strong case into his
“I will stop the water and the power”An application will follow, and it will be heard before your possession claim is
“The agreement says I can re-enter”A clause does not authorise forcible dispossession of a person in settled possession
“He has no papers, so he has nothing”A tenancy can be proved by receipts, payments, and conduct. The absence of writing cuts both ways

The notice — Section 106 of the Transfer of Property Act

For tenancies governed by ordinary law, Section 106 of the Transfer of Property Act, 1882 sets out how a tenancy in the absence of a contract or usage to the contrary is presumed to run and how it is ended. A lease of immovable property for agricultural or manufacturing purposes is deemed to be from year to year, terminable by six months’ notice; a lease for any other purpose is deemed to be from month to month, terminable by fifteen days’ notice.

The notice has to be in writing, signed by or on behalf of the person giving it, and either sent by post to the party intended to be bound by it or tendered or delivered personally, or affixed to a conspicuous part of the property. Section 111 sets out the ways a lease determines, of which notice is one.

Two practical points that decide more cases than the law does. First, the notice period runs from service, so how you served it is a fact you will have to prove — keep the postal receipt, the tracking, the acknowledgement. Second, the agreement may provide for something different, and where it does, the contract is where the answer starts.

A notice that describes the premises wrongly, is addressed to the wrong person, gives a period that does not match the tenancy, or cannot be shown to have been delivered, is a month spent for nothing. That is the whole reason to have it drafted rather than copied.

If you have received a notice

The instinct is either to ignore it or to reply in anger. Both are expensive.

A notice is not an order. Nobody has decided anything yet, and receiving one does not oblige you to move. What it does do is fix the other side’s version of events in writing, on a date, and if you say nothing, that version stands unanswered when the matter reaches a court months later.

What a useful reply does

  • Answers the factual assertions specifically — which payments were made, when, and how — rather than denying the notice generally.
  • Puts your own facts on record on a date, so they are not something you thought of later.
  • Attaches or refers to what you have: receipts, bank entries, messages, the agreement.
  • Does not admit anything for the sake of sounding reasonable, and does not threaten anything you would not do.
  • Goes by a mode that can be proved, and a copy is kept with the proof of dispatch.

We prepare the reply to your advocate’s instructions, and where there is no advocate yet, the directory is free to search and free to write through.

The one thing neither side may do

Whatever the rent, whatever the agreement says, whichever system applies: a person in settled possession of immovable property is not to be dispossessed except in accordance with law.

That principle is the reason Section 6 of the Specific Relief Act, 1963 exists. If any person is dispossessed without his consent of immovable property otherwise than in due course of law, he, or any person claiming through him, may by suit recover possession — and the suit is to be brought within six months from the date of dispossession.

Two features of that remedy explain why it is so dangerous to a landlord who takes matters into his own hands. First, in such a suit the court is concerned with possession and dispossession, not with title. The tenant does not have to prove he had a right to be there. He has to prove he was there and was put out otherwise than in due course of law. Second, it is fast by design.

What changing the lock actually achieves

  • The landlord with a good eviction case becomes the defendant in a dispossession suit he is likely to lose.
  • The tenant who was in the wrong on rent stops having to explain the rent, because the case is now about the lock.
  • The sympathy in the room moves across the table, and it does not come back.
  • There may be a complaint to the police on top of it, and that runs separately.
  • The eviction the landlord wanted is now further away than it was before he acted.

If you are being advised to do this by somebody confident and helpful, that is the moment to get a second opinion from an advocate. It is the single most common way a winnable matter is lost in this area of law.

If you have already been locked out

Act quickly and do three things in order.

First, record what has happened while it is fresh — photographs with dates, the state of the door and the lock, what is inside, who was present. Second, report it, so that there is a contemporaneous record made by somebody other than you; we prepare police complaints to your instructions, and what the police will and will not do with a matter of this kind is set out below. Third, see an advocate about the six-month period in Section 6, because it is not a long one and it runs from the dispossession, not from the day you decided to do something about it.

Bring the agreement, the rent receipts or bank entries, the electricity bill in your name if there is one, and anything showing the address was yours. Possession is a fact, and facts are proved with ordinary paper.

The security deposit, which is a separate fight

More landlord-tenant disputes in Delhi are actually about the deposit than about possession. The tenant has left, the landlord has kept two months’ deposit against damage nobody agreed on, and there is no independent record of what the premises looked like on either date.

The deposit is money held on terms. What those terms are is whatever the agreement says, and where the agreement is silent, the deposit is refundable subject to lawful deductions that the person making them has to justify. “I felt it needed painting” is not a justification; a bill is.

The five minutes that prevent this entirely

  • Photograph every room, the fittings, the meters and the meter readings on the day of handover — both at the start and at the end. Dated photographs settle this argument before it starts.
  • Write the meter readings into the agreement or into a signed handover sheet.
  • Record in the agreement what the deposit may be applied to, and how many days after vacating it comes back.
  • Take a receipt when the deposit is paid, and give one when it is returned.
  • Clear the electricity and water dues before the keys change hands, and keep the final bills.

Where a deposit is withheld and the amount is worth pursuing, the ordinary route is a legal notice followed, if nothing comes of it, by a civil claim for recovery; we prepare the plaint to your advocate’s instructions. A clean rent agreement drawn up at the start costs a fraction of what this argument costs at the end.

Rent increases, and why the answer depends on which side of the line you are

Inside rent control, revision of rent is regulated by the Act and is not a matter of what the landlord announces. There is a mechanism, and it has conditions attached.

Outside rent control, the answer is the agreement. If it provides for an increase of a stated percentage at a stated interval, that is what applies. If it provides nothing, the rent stays what it is for the term, and an increase is a new bargain the tenant is free to refuse — at which point the landlord’s remedy is to end the tenancy properly, not to demand more and treat non-payment of the demanded amount as a default.

That last point catches people. A landlord who unilaterally raises rent, is paid the old rent, and then says the tenant is in arrears of the difference has created a dispute about the increase rather than a case about arrears. And a tenant who quietly starts paying the higher figure has made the increase a fact.

We have not printed the permitted percentage for rent-controlled premises, the interval, or any figure connected with it. That is Rule H on this site: anything set by statute that has been amended, or that turns on conditions we cannot see, is not stated as a number. Your advocate reads the current provision against your tenancy.

The property has been sold. Does the tenancy end?

No. This is one of the few questions on this page with a clean answer on both sides of the line.

A tenancy is an interest in the property, and the person who buys the property buys it with the tenancy on it. The purchaser becomes the landlord, and the tenant becomes his tenant, on the same terms. A sale does not determine the lease and does not by itself create a right to possession.

What does change is practical. The new owner will usually want the rent paid to him, and the tenant is entitled to be told of the transfer and to know whom he is paying — paying the wrong person is a problem the tenant carries, not the seller. Ask for the sale deed or at least proof of the transfer before changing who you pay, keep the letter that told you to change, and take receipts from the new owner in his own name from the first month.

Where a tenant is being told the sale has ended his tenancy, that is simply wrong, and it is worth saying so in writing early. Where a purchaser genuinely needs the premises, the route is the same route any landlord has — which is the rest of this page.

Subletting, and what actually counts as it

Subletting or parting with possession without the landlord’s consent is a ground under the Rent Control Act, and it is one of the grounds most often alleged and least often proved.

The reason is that the allegation is easy to make from the street and hard to establish in evidence. Somebody else is seen in the shop. A different name appears on the board. A relative has moved in. None of that is by itself subletting, which requires parting with possession — the tenant giving up control of the premises to another in exchange for consideration — and not merely the presence of another person.

For the landlord who genuinely has a sublet on his hands, the case is built on documents rather than sightings: who pays the electricity, in whose name the trade licence or registration stands, what the signage says, what the bank entries show, who the neighbours deal with. For the tenant wrongly accused, the answer is the same kind of material pointing the other way.

Where a family member, a partner or an employee is in occupation and the relationship is legitimate, say so plainly at the first opportunity and document it. Denials that shift over time are what lose these cases.

Shops, offices and godowns

A commercial tenancy is not a separate legal universe, and this surprises people on both sides. Section 3(c) of the Rent Control Act applies to premises “whether residential or not”, so the same three-thousand-five-hundred line decides a shop just as it decides a room.

Two differences matter in practice. First, old commercial tenancies in the older parts of Delhi are far more likely to be genuinely under rent control, because the rent was fixed decades ago and never revised — which is exactly why those disputes are so bitter and so long. Second, the bona fide requirement ground in its residential form is about residence; a landlord who needs the premises for a business is on different ground and needs to be advised specifically on which clause he is under.

The stakes are also different. A shop is a livelihood with goodwill attached to a location, so both sides should think hard about settlement before they think about hearings. A commercial tenant who loses possession does not merely move house.

“It is a leave and licence, so none of this applies”

This is the most confidently repeated piece of wrong advice in the field.

The idea is that if the document is called a licence rather than a lease, the occupier is a licensee, no tenancy exists, and possession can be taken back on the terms of the document. The difficulty is that what the document is called is not what decides the question. The substance does — whether exclusive possession was given, what control the owner retained, how the arrangement actually operated month after month.

A document headed “leave and licence” under which a family lives alone in a flat with their own lock, their own electricity connection and their own furniture for six years is going to be examined on those facts, not on its heading. And the landlord who relied on the heading to take possession himself has done the one thing that cannot be undone.

That is not a reason to avoid the form — a properly drawn leave and licence agreement has real uses, and our guide to it explains where. It is a reason not to treat the label as a shortcut past the courts.

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Why almost all of these end in a settlement

Look at what each side actually wants once the anger has been priced.

The landlord wants the premises back and would prefer them back this year. The tenant wants time to find somewhere, his deposit returned, and not to be treated as a thief on the way out. Those two positions are not far apart, and they are reconcilable in an afternoon. What is not reconcilable is the version where each side spends two years establishing that the other behaved badly.

What a workable settlement usually contains

  • A date for vacating that is realistic, not symbolic, with the consequences of missing it stated.
  • What happens to the arrears — paid, waived, or set off against the deposit — written as a figure, not a principle.
  • What happens to the deposit, when, and by what mode.
  • Meter readings and the clearing of utility dues, with who pays what.
  • A handover with both sides present, keys against a receipt, and photographs taken on the day.
  • A line saying the parties have no further claims arising out of the tenancy.

Where a case is already filed, this can be recorded before the court so it becomes enforceable rather than a promise. Mediation is available through the court system and it works better in tenancy matters than in almost any other kind, because the dispute is about money and dates rather than about who is a better person. We prepare the applications and the terms as your advocate settles them.

How long does it take, honestly

We are not going to print a number of months, and the reason is the same as everywhere else on this site: the real answer depends on the forum, the ground, whether the tenancy itself is admitted, how many witnesses there are, and how much of the file has to be proved.

What can be said honestly is the shape of it. A bona fide requirement case under the summary procedure is the fastest route the Act provides, and it is fastest of all where the tenant does not obtain leave — which is exactly why the tenant’s first fortnight matters more than anything he does later. A contested ordinary case under rent control, where the tenancy, the arrears and the ground are all in issue, is slow, and appeals sit on top of that. A possession suit outside rent control sits somewhere between, and turns heavily on whether the notice and the tenancy are admitted.

Two things shorten every one of these, and neither is a procedural trick. Admitting what is not really in dispute, and having the documents ready before the first date instead of after the fourth.

You have an order and he still has not gone

An order for possession is not itself possession. It is a decision that has to be executed, and execution is a separate proceeding with its own application, its own dates and its own file.

This is where a landlord who has been patient for three years often becomes impatient in a week and does something irreversible. The same rule applies as on day one: possession is taken through the process of the court, with the officer of the court, and not by you. An order in your favour does not license self-help; it makes self-help unnecessary.

What execution requires is the decree or order, a certified copy of it, the execution petition properly drawn, and patience through a process that has its own steps. Where the judgement debtor raises objections, those get decided before the warrant issues, and that is part of the system rather than a failure of it.

Note the other side of this too. A tenant against whom an order has been passed is not helped by resisting execution — it adds nothing to his position and it removes whatever sympathy remains. Where there is a genuine ground to challenge, the route is an appeal or the appropriate application, filed in time.

What the police will and will not do

Both sides call the police, and both are usually disappointed for the same reason: a landlord and tenant dispute is a civil matter, and the police cannot decide who is entitled to possession.

What they can do is act where there is a criminal element — a break-in, force, threats, damage to property, a person put in fear. So the tenant whose lock has been broken and the landlord whose premises have been damaged both have something to report, and a report made contemporaneously is worth a great deal when the civil matter is heard months later.

What they will not do is evict a tenant for a landlord, hand possession to anybody, or enforce an agreement. A landlord who is told at the station that this is a civil matter has not been brushed off; he has been told the law correctly.

We draft complaints to your instructions. What is written in one matters, because a complaint that overstates is used against the person who made it later, and a complaint that leaves out the dates is of no use to anybody.

What actually decides these cases

Not eloquence. Paper, and the dates on it.

Question in issueWhat answers it
Is the Act applicable at all?The rent actually payable — the agreement, the receipts, the bank credits, over a period
Is there a landlord-tenant relationship?The agreement, receipts in the landlord’s name, conduct, correspondence
Are there arrears, and from when?Bank statements month by month, receipts, and the demand with proof of service
Was the notice valid and served?The notice itself, the postal receipt, the tracking, the acknowledgement or the returned cover
Is the requirement bona fide?What else the landlord owns, who lives where, and since when
Has there been subletting?Electricity and licence records, signage, who deals with whom, payments
What was the condition of the premises?Dated photographs on both handovers, the inventory, meter readings
Was possession taken by force?Photographs, the police record made on the day, neighbours, the lock itself

Every row of that table is ordinary material that existed before the dispute started. The side that kept it wins arguments the other side thought were about fairness.

If you are the tenant and you know you are in the wrong

This section exists because the honest version of it is not written anywhere.

If you have not paid, the rent is not disputed and there is no defect in the case against you, fighting does not produce a better outcome. It produces the same outcome later, with costs, with an order recorded against you, and with the deposit gone. What produces a better outcome is dealing with it early: an agreed time to vacate, an agreed treatment of the arrears, and a handover that does not end in a complaint.

There is one important qualification. “In the wrong” on the facts is not the same as having no defence in law, and people regularly assume they have none when they do — the first-default protection under Section 14(2), a demand that was never properly made, a petition filed in a forum that has no jurisdiction over the premises, a ground pleaded that the facts do not support. Have somebody look before you concede. A single consultation is cheap next to a concession that was not necessary.

The first week, on each side

If you are the landlordIf you are the tenant
Establish firstThe rent figure, from the agreement and receipts — it decides your forumThe same figure, for the same reason
Find the paperAgreement, receipts, bank credits, every message about rentAgreement, proof of every payment, the deposit receipt
Before actingIdentify the ground, if you are under the Act. If you have none, stopRead the document you received to the end, and note the date of service
NeverChange locks, cut utilities, remove belongings, send anybody roundIgnore a summons, or leave the premises without a written handover
Do this weekHave a notice drafted properly and served provablySee an advocate if a summons has arrived — this week, not this month
Ask earlyWhether a settlement gets the premises back faster than a caseWhether a settlement gets you time and your deposit

If paying for an advocate is the difficulty

A tenancy dispute is very often a dispute between people neither of whom has spare money, and a tenant facing eviction is by definition facing a housing cost he is already struggling with. Free legal services under the Legal Services Authorities Act, 1987 exist precisely for this, and the entitled categories include people below the income limit that the State Authority notifies, along with several categories entitled regardless of income. The Delhi State Legal Services Authority publishes the current limit and its helpline, there is a legal services committee attached to the court complexes, and asking costs nothing. We have not printed the income figure here because it is revised. Ask at the complex, or ask us and we will point you at the right desk.

Keeping the file so it survives two years

Tenancy disputes outlive memories. Keep one folder, and keep it in date order: the agreement and every renewal, proof of every rent payment from the first month, the deposit receipt, meter readings and utility bills, dated photographs from both handovers, every notice sent or received with its proof of service, every court paper with the date it was received written on it, and a single sheet at the front listing what happened and when.

That last sheet is the one thing nobody makes and everybody needs. Six months in, when your advocate asks when the demand was served, the answer should take four seconds.

Mistakes that cost people the case

What was doneWhat it cost
Filed before the Rent Controller for premises outside the ActA petition dismissed for want of jurisdiction, and months gone
Assumed the expiry of an eleven-month agreement is itself a groundA rent-control petition with no ground under Section 14(1)
Put a Section 25B summons aside for a fortnightNo leave to defend, and the landlord’s case deemed admitted
Filed leave to defend denying everything without factsLeave refused on an affidavit that disclosed no triable issue
Changed the lock while the tenant was awayA Section 6 suit the landlord defends instead of the case he was winning
Served a notice by hand with no acknowledgementService denied, and the whole period counted again
Took rent in cash for years with no receiptsThe rent figure itself in dispute — and with it, which law applies
Started paying an increase “under protest” without saying so in writingConduct that establishes the increase was accepted
Handed over the keys with nothing signedThe deposit argument, with no record of the condition or the date
Relied on the heading “leave and licence” and re-enteredA dispossession case decided on the substance of the arrangement

What to collect before anybody drafts

The tenancy document and every renewal of it. Proof of the rent actually paid month by month — receipts, bank statements, transfer records — going back as far as you have it, since this establishes the figure the whole case turns on. The deposit receipt. Electricity and water bills and the name they stand in. Photographs of the premises with dates. Every notice or letter that has passed between the parties, with proof of how it was sent. Any court paper already received, with the date of service noted on it. And the ownership document, if you are the landlord, or whatever you have about the ownership if you are the tenant.

Add affidavits sworn before an oath commissioner where they are required, translations of anything not in English or Hindi prepared in advance, and certified copies of orders already passed. Where a landlord’s NOC is needed for something unrelated — a passport, a registration, a licence — that is a different document and it does not affect the dispute.

Our part of a tenancy matter

Documentation, and nothing beyond it. Nobody here is an advocate, nobody appears before a Controller or a court, and nobody advises either side on whether to fight, settle or vacate. What we do is the paper: the rent agreement or the leave and licence agreement drawn properly at the start, the legal notice and the reply to one, the petition or plaint typed to your advocate’s instructions, the written statement or reply, the applications including leave to defend, the affidavits and their attestation, translations, certified copies, the execution petition and, where it comes to that, the appeal papers.

What is argued, and whether to argue it at all, belongs to counsel. Court work is for your advocate, whose fee is engaged and paid by you directly; we do not quote, collect or share it. The directory is free to open and free to write through, it runs A to Z, and no listing on it was bought.

What we decline in a landlord-tenant matter

  • Preparing anything intended to help one side take possession outside the process of a court — a letter designed to frighten somebody out of premises, a notice threatening to change locks or cut supply, or an instruction to anybody to go and take possession.
  • Backdating a rent agreement, a receipt, a notice or a handover sheet. Ever. In this field the request arrives dressed as a correction of an oversight, and it is refused in every version.
  • Drafting a receipt for rent that was not received, or for a deposit that was not paid.
  • Preparing a document that records a rent figure different from the rent actually being paid. In this area that figure decides which law applies, so a false one is not a small untruth.
  • Acting for both sides of the same dispute, at any stage, in any form.
  • Advising whether to fight, settle, vacate or concede. That decides your matter and it belongs to your advocate.
  • Any suggestion that a Controller, a court official or a police officer can be reached or influenced. The conversation ends at that sentence and does not resume.
  • Putting one advocate ahead of another, or printing what any of them charges.

What we charge, said up front

Every document has its price on its own service page, and you can read it before you order anything or speak to anybody. Court fees, process fees and whatever a government office levies are shown separately from our charge, because that money is not ours and does not pass through us.

You are told the whole figure before work begins, and none of it is payable in advance. And on a tenancy matter we will regularly say the thing that costs us the work: where the two sides are four weeks and one deposit apart, a settlement written down properly is worth more to both of you than a file that runs for years, and we will say so before drafting a petition.

Sources and a caution

  • The Delhi Rent Control Act, 1958 — Section 3(c): the Act does not apply to any premises, whether residential or not, whose monthly rent exceeds three thousand and five hundred rupees. Section 3(d): the ten-year exemption for premises constructed after the commencement of the 1988 amending Act.
  • Section 14(1) — the bar on any order for recovery of possession except on the grounds stated in its provisos. Section 14(1)(a) — non-payment after demand. Section 14(1)(e) — bona fide requirement for occupation as a residence. Section 14(2) with Section 15 — the relief against eviction for non-payment, not available to a tenant who has already had its benefit.
  • Section 25B — the special procedure for bona fide requirement applications: the tenant shall not contest without filing an affidavit and obtaining leave, failing which the landlord’s statements are deemed admitted and he is entitled to an order. The period for applying runs from service and is stated in the prescribed form of summons, which is why this page tells you to read the summons rather than quoting a figure.
  • Abid-Ul-Islam v. Inder Sain Dua (Supreme Court, 2022) — on the summary procedure and the approach to leave to defend.
  • The Transfer of Property Act, 1882 — Section 106 (in the absence of a contract or usage to the contrary, a lease for purposes other than agricultural or manufacturing is deemed month to month, terminable by fifteen days’ notice in writing) and Section 111 (determination of a lease).
  • The Specific Relief Act, 1963 — Section 6: a person dispossessed without his consent otherwise than in due course of law may sue for possession within six months, and the suit is decided on possession rather than on title.
  • The Legal Services Authorities Act, 1987 — entitlement to free legal services. The Delhi income limit and the helpline are published by the Delhi State Legal Services Authority and are revised.
  • Bar Council of India Rules, Part VI Chapter II, Rule 36 — why nothing on this site ranks, rates or prices an advocate.
  • Deliberately not stated here: the number of days for applying for leave to defend, the permitted percentage and interval for revision of standard rent, court fee figures, how long any proceeding takes, and the current legal-aid income limit. Each is either prescribed in a form, revised by notification, or varies too much between matters to state usefully — and a wrong figure in this field costs somebody a home or a shop.
  • This page is general information about how landlord-tenant disputes in Delhi are structured. It is not legal advice about your tenancy, and the position on your own facts should come from an advocate who has read your agreement and your papers. Tenancy law differs from State to State; nothing here should be applied outside Delhi.
FAQ

Landlord and tenant disputes — questions people ask

My tenant will not leave. What is the very first thing to work out?
Not the notice, and not the lawyer. Work out which law your tenancy falls under, because it decides everything that follows. Section 3(c) of the Delhi Rent Control Act, 1958 says the Act does not apply to any premises, residential or not, whose monthly rent exceeds three thousand and five hundred rupees. Below that figure you are in rent-control territory, before a Rent Controller, on the limited grounds the Act allows. Above it, you are in ordinary civil territory. Same city, same dispute, two completely different roads.
Three thousand five hundred rupees? That cannot be right in Delhi today.
It reads absurdly and it is exactly what the section says. The figure has not moved in a very long time, which is why the overwhelming majority of tenancies created in Delhi in recent decades fall outside the Rent Control Act altogether. The Act still matters enormously for old tenancies at old rents — and those are precisely the ones where a family has been in the property for thirty years and nobody can get them out.
So if my rent is above that, what governs?
The contract between you and the general law of landlord and tenant, principally the Transfer of Property Act, 1882, and the forum is the ordinary civil court rather than the Rent Controller. What that means in practice is more freedom on the grounds — you are not confined to the Act’s list — and a suit that runs like an ordinary civil suit, with all that implies about pace.
Is a “leave and licence” agreement safer for a landlord?
The label alone is worth very little. What a court looks at is the substance of the arrangement — whether exclusive possession was in fact given — not what the document was headed. A poorly drawn licence that in reality hands over exclusive possession may be treated as a lease. That said, drafting matters a great deal and a well-drawn agreement decides many disputes before they begin — we draft leave and licence agreements and rent agreements.
Do I have to send a notice before filing?
In ordinary tenancies outside rent control, terminating the tenancy properly comes first, and Section 106 of the Transfer of Property Act, 1882 provides fifteen days’ notice for a tenancy from month to month, ending with the month of the tenancy. Get it wrong — wrong period, wrong expiry, wrong person served — and the defect follows you through the whole case. We draft the legal notice, and it is worth more care than most landlords give it.
I am the tenant and I have received a notice. What do I do?
Do not ignore it and do not reply angrily on WhatsApp. Read what it actually alleges, note its date, and reply in writing within the time it gives — a considered reply to the notice is your first document in the case and it will be read years later. If you dispute the amount, say so with figures. If you have paid, say when and how. Silence gets treated as acceptance of the story.
What grounds can a landlord actually use under the Rent Control Act?
Section 14(1) sets them out and the list is limited: non-payment of rent, subletting or parting with possession without consent, using the premises for a purpose other than that for which they were let, causing substantial damage, the premises not being required for a considerable period, the landlord’s own bona fide requirement, and others the section specifies. That closed list is the whole point of rent control — the landlord cannot simply say he wants his property back.
My tenant stopped paying. Can I get him out for that?
Section 14(1)(a) allows it for non-payment, but read Section 14(2) before you count on it. It gives the tenant a chance to save the tenancy by paying or depositing what is due, in the manner and within the time the section allows — and that protection is available once. A tenant who has already used it and defaults again is in a very different position. So for a landlord the record of every default, with dates, is worth keeping from the beginning.
What is bona fide requirement, and why do people say it is faster?
It is the ground where the landlord genuinely needs the premises for himself or his family and has no other reasonably suitable accommodation. Section 25B gives it a special summary procedure: the tenant cannot contest unless he files an affidavit disclosing facts that would disentitle the landlord, and obtains leave to defend. If he does not, the landlord’s statements are deemed admitted and an eviction order follows.
I am a tenant and I have received a summons in a bona fide requirement case. How serious is it?
Extremely, and it is the situation where tenants lose by doing nothing. You must apply for leave to defend within the period stated in the summons itself — read the summons, because that is what governs and it is short. And the Supreme Court has held in Abid-Ul-Islam v. Inder Sain Dua (2022) that leave is not to be granted for the mere asking: your affidavit has to disclose facts that would actually disentitle the landlord. Take it to an advocate the day it arrives.
Can I just change the locks while he is out?
No, and a landlord who does it usually converts a case he was going to win into one he loses. Section 6 of the Specific Relief Act, 1963 allows a person dispossessed of immovable property without his consent and otherwise than in due course of law to sue for possession, within six months, without having to prove title. So the tenant goes back in, you look like the wrongdoer, and your own case becomes much harder. Cutting off water or electricity is the same mistake in a smaller package.
The landlord has cut my electricity and removed the door. What can I do?
That is exactly the situation Section 6 of the Specific Relief Act exists for, and there are other routes as well depending on what has been done. Act quickly — the six-month period matters — and record everything now: photographs with dates, a written complaint, the names of neighbours who saw it. We prepare police complaint documentation, and the written record made on the day is what makes everything afterwards possible.
What about my security deposit?
A recurring fight, and one that turns almost entirely on evidence. What decides it is the agreement, the receipt or bank record showing what was paid, the condition of the premises at handover on both sides, and the electricity and water dues position. Photograph everything on the day you take possession and again on the day you leave, and get a written handover. Both sides should do this, and almost nobody does.
Can the landlord increase the rent whenever he likes?
Under an ordinary tenancy outside rent control, the agreement governs, and where it provides for a revision that is what applies. Under the Rent Control Act the position is quite different and increases are regulated. No percentage appears on this page deliberately, because it depends on which regime you are in and on the terms; check it against your own agreement and, where rent control applies, against the Act.
The property has been sold. Does my tenancy end?
Not automatically. A tenancy does not vanish because the ownership changed — the new owner ordinarily steps into the landlord’s position, subject to what the documents say. What does change is who you pay and whom you deal with, so get the position in writing and do not simply stop paying. Tenants who withhold rent while “waiting to see” hand the new owner a ground.
My tenant has put somebody else in the property.
Subletting or parting with possession without the landlord’s written consent is one of the grounds under Section 14(1), and outside rent control it is usually a breach of the agreement. The difficulty is always proof rather than principle. Who is actually living there, since when, and what do you have that shows it — electricity connection, deliveries, society records, photographs. Gather that before sending anything.
How long does an eviction case take?
Longer than any landlord expects, and this page will not give a figure because it varies too much to be honest about. What genuinely affects it is within your control: a properly terminated tenancy, a complete file at the time of filing, attendance at every date, and not chasing points that do not change the outcome. What lengthens it is a defective notice, which can send you back to the beginning.
Is there any faster way?
Two, and both are underused. Mediation, because the thing a tenant usually wants is time and the thing a landlord usually wants is the premises — and those are tradeable in a way that a court order is not. And a written settlement with a date for handover, recorded properly, which is worth more than a judgment you then have to execute. A negotiated exit in four months frequently beats an order in four years.
I have an eviction order and he still has not gone.
An order is a direction, not a removal. It has to be executed, and that is a separate proceeding somebody has to begin — we prepare execution petition papers. Budget for that stage from the start rather than discovering it after you have celebrated.
Does the police help with eviction?
Generally not, and landlords waste weeks finding that out. A landlord-tenant dispute about possession is a civil matter, and the police will usually decline to evict anybody on the strength of an agreement. Where the police do become relevant is if there is a threat, force, or an actual offence — and then what matters is a written complaint, not a phone call.
I am a tenant and I am genuinely in the wrong — I have not paid. What are my options?
Worth asking honestly, and there is more room than people think. Under rent control, Section 14(2) may allow the tenancy to be saved by paying what is due in the manner the section requires. Outside it, a landlord usually prefers the arrears and the premises to a long case, so a documented payment plan with a date for handover is often accepted. What does not work is stopping communication, which is the commonest instinct.
What documents decide these cases?
The agreement and its registration position; the rent record — receipts, bank transfers, and any period of cash with nothing to show for it; the notice and proof of its dispatch and service; the electricity and water bills, which quietly prove who was in possession and when; photographs with dates; and the correspondence, in full rather than as screenshots of one line.
Do I need an advocate for this, or can I manage?
Both sides usually need one, and this is not a matter to economise on. The threshold question — which law applies — decides the entire case, the procedure under Section 25B is unforgiving about time, and a defective notice can undo years. Where cost is the obstacle the answer is free legal services rather than going alone; there is a section on that below.
Can Legal Space Services get my tenant out?
No, and nobody honest will say otherwise. We are a documentation and filing business, not a law firm, and nobody here appears in any court. What we do is the paper — the notice, the reply, the petition or plaint typed to counsel’s instructions, the documents indexed, the affidavits, the certified copies. Court work is for your advocate, whose fee is engaged and paid by you directly; we do not quote, collect or share it.
What does your own work cost?
Every document carries its own price on its own service page, visible before you order anything. Court fees and anything an office charges are shown apart from ours, because that money is theirs and never comes through us. You hear the full figure before work starts, and none of it is taken up front.
ADVOCATES

Advocates on this directory who take Rent & Landlord–Tenant work

Listed alphabetically. We do not rank, rate or feature advocates, and nobody pays for a position here — the reason is on our Find an Advocate page. Neither reading a profile nor writing to somebody through it costs anything.

S

Sarthak Verma

Advocate
1 years at the Bar
North West Delhi
Hindi, English
Family & Matrimonial Restitution of conjugal rights (HMA s.9) Judicial separation +149
At the Bar since 2026
View profile
S

Shivangi Malhotra

Advocate
6 years at the Bar
Pathankot
English Hindi punjabi
Family & Matrimonial Restitution of conjugal rights (HMA s.9) Judicial separation +113
At the Bar since 2020
View profile

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Establish the rent figure first. Everything else follows from it.

Send us the agreement and whatever proof of rent you have, from either side of the dispute. We will tell you which system your tenancy is in, what the paper you have received actually is, and what a complete set of documents would contain — and put the directory in front of you, because if a summons has arrived, the days are already counting. Searching it is free and no commission from anybody on it reaches us.

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Tis Hazari Court Complex, New Delhi, Delhi 110054
Keep reading

The rest of this guide

Family property disputes in Delhi
Three different suits wear one name. Whether you are asking for a share, for possession, or for a document to be undone — and why each has a different clock. Self-acquired against coparcenary, a daughter’s right by birth, why a mutation entry is not ownership, why GPA and will papers are not a conveyance, and the two decrees a partition suit ends in.
When the police will not register your FIR
One “no” at the counter is not where the law ends. The three doors, in the order the law gives them — the police station, the DCP under Section 173(4), the Magistrate under Section 175(3) with its new affidavit condition — plus the complaint case where the accused is now heard first, and why the officer refusing you is sometimes right.
Medical negligence — is it negligence, or a bad outcome?
The distinction everything rests on, and why it is decided on the medical record by another doctor rather than by how bad the outcome was. Why the complete record is the first step and must be obtained before you complain, consent as a separate and often stronger ground, and the three roads — compensation, prosecution and professional discipline — of which only one pays.
Senior citizens and parents in Delhi
The one law that can take back property you already signed away. Section 23 and what Urmila Dixit (2025) settled about eviction and possession, the Maintenance Tribunal before a Sub-Divisional Magistrate, the ceiling on the monthly amount and the route that has none, whether you may actually bring a lawyer, and where a daughter-in-law’s right of residence fits.
School disputes in Delhi
Fees, transfer certificates, admission and expulsion — and why the door that opens is the Directorate of Education rather than a court. What the Delhi High Court held in May 2026 about a hike at the start of a session against one imposed mid-session, why a certificate cannot be held against your dues, and how to ask the regulator for something it can actually do.
A notice or summons has arrived
Five different papers, five different answers to “what if I do nothing”. A private legal notice against a civil summons, a criminal summons, a tribunal notice and a police notice; the thirty days that is directory and the hundred and twenty that is not; ex parte orders and the thirty days to undo one; and why complying with a Section 35(3) police notice now protects you.
Arrest and bail in Delhi
What a family does in the first twenty-four hours, and the two rights nobody will offer you: default bail under Section 187(3), which turns on sixty or ninety days rather than the merits and dies the day the chargesheet is filed, and release under Section 479 after half the maximum sentence — a third for a first-time accused. Plus sureties, conditions, and why a bail order is not release.
Child custody in Delhi
The court is not deciding which parent is right. It is deciding one thing — the welfare of the child — and that re-sorts every argument you were planning to make. Custody, guardianship and access are three different things; Section 6(a) gives a starting position for a child under five and not a rule; joint custody is a Law Commission recommendation and not a statute. Plus interim orders, access as the child’s right, parental alienation, passports and travel, and what to do when an order is broken.
Online abuse and harassment
Getting the content taken down and getting the person acted against are two different cases, with different addressees and different clocks. The Grievance Officer’s twenty-four hours and fifteen days, the twenty-four hour rule for nudity and morphed images, the thirty-day appeal almost nobody uses, why Shreya Singhal explains the wall you hit, Zero FIR, preservation requests, and the Section 63(4) certificate that decides whether your screenshots count at all.
Lawyer, advocate, vakil, counsel
The words are not interchangeable in India and the difference has consequences. Who may appear for you, where notaries, legal consultants, document writers and “case managers” fit, and how to spot somebody who is not entitled to practise.
Do I need a lawyer?
A three-question test that does not depend on how frightened you are, an honest list of when the answer is no, what the Advocates Act actually restricts, why a power-of-attorney holder cannot argue your case, and who is entitled to free legal aid.
How to choose an advocate
How to verify that somebody is really enrolled, why specialisation by forum beats seniority, the Bar Council rules that protect you before you sign anything, the conflict question to ask on day one, and the question almost nobody asks.
How advocate fees work in India
Why no honest Indian site publishes an advocate’s fee, the fee structures actually used, why “no win no fee” is not permitted here, what is a fee and what is an expense, and how to agree it so there is no argument later.
Your first meeting with a lawyer
What to take, in what order, what to say about the facts that hurt you, what a vakalatnama actually does and how long it lasts, what to write down before you leave, and what should happen in the first week afterwards.
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