Legal Articles

Legal Articles – Legal Views  on Indian law and legal System  by experts

Legally Speaking – Views on Indian Laws and Judgments by, Law Articles on various laws , amendments and Judgments from Supreme Court and High Courts in India.

Procedure for Court Marriage

Court marriages in India are solemnised as per the ‘Special Marriage Act, 1954’ and the procedure is common across the nation.


How to lodge grievance under Income Tax Act – e-nivaran

As an Income Tax assesse, you may face some issues while filing your return, making corrections in return filed, getting IT refund, etc. Read this article to find new procedures, techniques and softwares used by the Income Tax Department to resolve such grievances.

Rental Issues During COVID 19

The Nationwide lockdown due to the CoronaVirus Pandemic has altered the terms of tenant landlord relation. In this article, find the legal point of view regarding rental issues during COVID 19 Lockdown in India and the possible solutions to it.

Legal Tips to Buy a Property

In case you are planning to buy a property, you need to confirm some legal nuances before fixing the deal. From the article, get the legal guidance to be followed when buying a property.

Handling disputes between Landlord and Tenant

In case of a dispute between Landlord and Tenant, one may wonder about which legal remedies does one have. Find here, tips for handling disputes between landlords and tenants, related laws and judgements.

Judgments on Domestic Violence

Domestic Violence has been an age-old societal concern and women at home have been tormented and tortured by her own family members since time immemorial. Check out the latest case laws related to The Protection of Women From Domestic Violence Act, 2005.

Legal Remedies for Buyers in cases of Delayed Possession of Flat

A property buyer, who fails to get the possession of his property on time, can resort to several provisions under India’s civil, criminal and consumer laws, to take action against the developer. In case your dream of getting your own house is being withheld by the builder, read this article to get information on the legal remedies available.

Know how to file a Police Complaint
Important Steps to be kept in mind while filing a Police Complaint What is Complaint and its Importance A complaint means a grievance expressed by a person to state certain things/facts.

Right of divorced wife for grant of Maintenance
Right of Divorced Wife for Grant of Maintenance under Section 125 of the Code of Criminal Procedure, 1973 Maintenance is granted to wife’s who are unable to maintain themselves.

TRIPS Agreement and Compulsory Licensing
The WTO members had negotiated an agreement on Trade Related aspects of IPR and named it as the TRIPS agreement.  It makes mandatory for all member states to enact legislation to protect intellectual property

Landmark Supreme Court Judgment on Sec 138 of Negotiable Instruments Act
Supreme Court Changes ground rule under Section 138 of Negotiable Instruments Act to prosecute a person who had presented the cheque which bounced for insufficiency of funds.

Patent not enforceable – Inequitable Conduct
This case relates to an infringement case in US for infringement of Apotex’s US6767556  patent for moexipril tablets for hypertension by UCB’s accused UCB’s Univasc and Uniretic products.

Citizen’s Right to Seek Information under the Right to Information Act 2005
The article covers scope of the RTI Act and its coverage, the procedure to seek information under the right to Information act and penalties for default Procedure – How To Seek Information Under The Act Penalties

What are human rights? How to file a human rights complaint?
Definition of Human Rights: Human: A member of the Homo sapiens, a man, woman or child; a person Rights: Things to which you are entitled or allowed; freedoms that are guaranteed.

Validation of email ID and mobile number before e-filing returns
The Income Tax (IT) department of India has requested all its tax payers to register a valid email address and a mobile number on the e-filing website before filing their returns this year.

Protection of children from Sexual Offences – what the law says
India has 440 million children as a part of its population which is more than the entire population of countries like USA, Mexico and Canada. Every fifth child in the world is an Indian.

Cyber Crime and Child Abuse
Cyber space is a world of virtual reality and has become an integral part of our daily lives. It is a world in itself. It is a library of its own kind which can be accessed from anywhere and everywhere.

Order of succession among agnates and cognates
As per the Hindu Succession Act, 1956, where a Hindu male dies intestate his property devolves upon his heirs of Class I mentioned in the schedule to the Act. If there is no Class I successor, then the property devolves upon the Class II heirs of the deceased. If there is no Class II heir, then the property devolves upon the agnates and cognates among whom agnates are preferred over the cognates.

Distribution of Property among heirs of female Hindu
Section 14 of The Hindu Succession Act gives to a female Hindu an absolute title over the properties which under the traditional Hindu law she held as a limited owner. Section 15 of the Act delineates the heirs of a female Hindu and the order in which they are to succeed to her property if she dies intestate.

Dishonour of Cheque – Section 138 of the Negotiable instruments Act
This article on “Dishonour of Cheque – Section 138 of the Negotiable instruments Act” gives a comprehensive  overview about all aspects of cheque bouncing and Cheque Dishonour  as per laws in India

Distribution of property after death, if there is no Will
The property of a Hindu male dying intestate is distributed among his heirs in accordance with section 8 and 9 of The Hindu Succession Act, 1956. As per these the property of a Hindu dying intestate devolves upon his heirs of Class I who take the property to the exclusion of all other heirs. But what if there are more than one Class I heirs among whom the property of the deceased devolves?

Cyber Crimes in India
Crime, in whatever forms it is, directly or indirectly, always affects the society. In today’s world, there is immense increase in the use of Internet in every field of the society and due to this increase in usage of Internet, a number of new crimes have evolved. Such crimes where use of computers coupled with the use of Internet is involved are broadly termed as Cyber Crimes.

Marriages to Non Resident Indians(NRIs) – A Wake Up Call

Sometimes these foreign dreams come at a cost of innocent lives and the future of the spouses who travel to a foreign land along with these NRIs. In some cases they do not even have to travel abroad to get harassed as their dreams get shattered while they are still in India.

Is sale of Immovable Property through General Power of Attorney (GPA) Safe ?
Is sale of Immovable Property through General Power of Attorney (GPA) Safe . A Special Power of Attorney either to sell or to manage the property. SC says that that such kind of ‘Indirect Sales’ adversely affected the economy, civil society and law and order

Role of Experts in Litigations

Relevancy of expert opinion as also the definition of Experts has been expressly provided for in Section 45 of the Indian Evidence Act , scope of the opinion of expert, an expert is not a witness of fact, Evidance of Experts . Law Articles on various laws , amendments and Judgments from Supreme Court and High Courts in India

Benami Transactions Act 1988 – Partly Prospective, Partly Retrospective

Although the Benami Transactions Act 1988 (hereinafter called as an ‘Act’) is a very brief Act, consisting of only 9 sections, but this Act has had one of the most far reaching consequences for all times to come

Sexual Harassment in the Workplace

In the Landmark case of Vishaka and others versus State of Rajasthan (AIR 1997 Supreme Court 3011), The Supreme Court has issued extensive guidelines to ensure prevention of sexual harassment of women at their work place. These directions were issued in a writ petition arising out of an incident of alleged brutal gang rape of a social worker in a village of Rajasthan.


  1. My father-in-law expired in 2000 and he own a flat (earned & purchased by him), now the flat is automatically transfered in the name of my mother-in-law in society records. They have 2 sons & 1 daughter all married, my husband is presently staying in his fathers house along with his mother, myself and our 2 sons. Who will be the legal heir to the present flat.

  2. I would like to know how exactly will the self acquired property of children be distributed? Will the children of the other brothers and sisters be entitled to this property. If possible please share any past judgements in this regard

  3. In 2007 a farmer execute a register of his total share area adm. 4 H 00R Agreement to sale& Power of Attorney at the time execution purchaser has fully paid consideration amount to farmer . farmer died in 2012 after his death & his legal heirs come to on record of said property . with help of above Power of Attorney we executed to two sale deed to others farmer. Talathi has not ready to make mutation he said us to take consent or power of attorney farmer’s legal heirs . Now we decided to make conformation deed for above said register Agreement to sale Power of Attorney & sale Deed & register Power of Attorney.

  4. Have a property on Rent since 1947. Now the owner is no more since 8 to 10 years and no one cliam the Rent and also no one Legal heire. The owner was very old and not married.
    Have any law to transfer the proprty ? Tell me..

  5. Ajay. if you have the lease agreement ,you have to follow the appropriate procedure as per Transfer of property act ….. if you dont have the lease agreement then you can transfer such property because ultimately you are the owner of such property as per the lease agreement of TP act ,if any query follow the Transfer of property act…

  6. So how do I get the rest of the Cold War is understanding the onset of coyotes — those are the smugglers — and
    they prey upon these poor people. Again the original
    $10, 000, maybe 10, 000 banks failed in the ’30s.

  7. to ajay if there is no owner or legal hairs then property stands in favour of govt and approach concern d.c and take approve step according law,u may likely to suceed as owner

  8. Hi
    My father left behind a property, some FDs, and some bank balance. My mother is alive. I have 2 sisters, both married, one estranged from her husband and living in my father’s property. Is it possible for me to get 1/3 of the proprty registered in my name, so that i can construct a house for me. Also as my sister is staying there, she has taken custody of the bank details, how can i get to know what is available as FD and in savings for my father?

  9. Dear Sir/Madam

    Please advice me regarding cheque bounce a case for 12,50,000/- kolapur branch was bounced.

    I send the statutary notice to the party last know address u/s 138 of negotiable instrument act. in same was returned saying inssufficient address by the postal authority, please advice how to recover the money in this case.

    Lata Exports

  10. Widow files title partition suit for joint family property for the welfare of herminor children. Suit compromised. After 24 years her minor sons filed suit against compromised decree. Respondent submits petition under Order 7 rule 11d . court allowed the petition decree prepared .sons again appeal’s advise as how should I(respondent)fight the case.

  11. I live in the US. My father passed away in 2005. We are two sisters. My sister who is 12 years older than me and my mother still live in India. My father named my sister the executor of the will. All the money was supposed to be divided between the two of us. My sister has never shown me the will. However, I happened to find a copy when I visited my mother. My sister has taken total control of all the accounts and I feel she is using all the money for her personal trips and expenses. My questions are
    1) Can I get a copy of the will for my records?
    2) How do I ensure that she is not lying to me about the accounts? Can I force an audit of all the accounts? What are my options if I find fraud?

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  13. Kindly arrange to send briefs of all leading judgements in supreme court n high courts n proceeding of important cases on daily basis to make us fully update.

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