"Know Your Legal Rights – FAQ"

1. What should I do if I receive a legal notice?

Read it carefully, note the deadline for replying, and gather all related documents. It is advisable to consult a lawyer before sending any response.

2. How do I file a police complaint in India?

You can visit the local police station and submit a written complaint. For serious offences, the police must register an FIR (First Information Report).

3. Can I be arrested without a warrant?

For certain serious offences (cognizable offences), police can arrest without a warrant. For minor offences (non-cognizable), a warrant is usually required.

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

Most states have online case status portals. You can also use the eCourts website (https://ecourts.gov.in) to track cases by case number, party name, or FIR number.

5. What is the limitation period for filing a civil case?

The Limitation Act sets different time limits depending on the type of case. For example, a suit for recovery of money is usually 3 years from the date the payment was due.

6. Can I represent myself in court?

Yes, Indian law allows you to appear as a “party in person,” but legal proceedings can be complex, so many people choose to hire an advocate.

7. How can I protect myself from cheque bounce cases?

Ensure the account has sufficient funds before issuing a cheque. Keep proof of transactions and communication with the payee.

8. What is the difference between bailable and non-bailable offences?

Bailable offences allow you to get bail as a matter of right. In non-bailable offences, bail is granted at the court’s discretion.

9. Can I record a phone conversation for legal use?

Recording your own conversations is generally allowed, but sharing or misusing it may violate privacy laws.

10. How do I file a consumer complaint?

If you receive defective goods or poor services, you can file a complaint with the Consumer Disputes Redressal Commission online or in person.

11. What should I do if I lose important documents like a PAN card or property papers?

File a police complaint (FIR for theft or loss report), publish a notice in a local newspaper, and apply for duplicates from the issuing authority.

12. Can I get a copy of an FIR?

Yes, the police must give a free copy of the FIR to the complainant immediately after registration.

13. What is anticipatory bail?

It is a legal protection you can seek from the court to avoid arrest in anticipation of being accused of a non-bailable offence.

14. How do I make a will in India?

A will must be in writing, signed by you, and attested by at least two witnesses. Registration is optional but recommended.

15. Can tenants be evicted without notice?

No, landlords must follow proper legal procedures and give notice as per the rent agreement or applicable state laws.

16. How do I verify property ownership before buying?

Check the sale deed, encumbrance certificate, mutation records, and property tax receipts. A legal opinion is recommended before purchase.

17. What is the legal age for marriage in India?

For males, it is 21 years; for females, 18 years, as per the Prohibition of Child Marriage Act.

18. Can I refuse to sign documents at my workplace?

Yes, you should not sign any document unless you fully understand its contents. You may request time to review it.

19. How can I lodge an online police complaint?

Many states provide e-complaint portals and mobile apps. These are usually for non-emergency cases.

20. What is the process for name change in official records?

It involves making an affidavit, publishing the change in newspapers, and notifying the Gazette of India for official recording.

21. Who can claim money from a deceased person’s bank account?
If the account has a nominee, the bank will release the funds to them. If there is no nominee, the legal heirs must provide a succession certificate or legal heir certificate.

22. How can I apply for a succession certificate in India?
You need to file a petition in the district court where the deceased lived, providing details of legal heirs and the assets involved.

23. Can I withdraw money from my spouse’s account after their death?
Only if you are the nominee or joint account holder. Otherwise, you will need proper legal documentation.

24. What is the difference between a legal heir certificate and a succession certificate?
A legal heir certificate establishes the relationship of heirs to the deceased, while a succession certificate is issued by a court to claim movable assets like bank deposits.

25. How can I avoid legal disputes in property inheritance?
Make a registered will, update nominee details, and maintain clear property records.

26. Can I challenge a will in court?
Yes, if you believe the will was made under fraud, coercion, or undue influence, you can file a case in civil court.

27. What is the process for claiming insurance after a policyholder’s death?
Submit the claim form, death certificate, and policy documents to the insurer. If there’s no nominee, legal heir documents may be required.

28. How long does it take to get a succession certificate?
It usually takes 3–6 months, depending on the complexity and any objections from other heirs.

29. Can bank accounts be frozen after the account holder’s death?
Yes, accounts are frozen until legal heirs or nominees complete the claim process.

30. What is probate of a will?
Probate is a court process that validates the will and authorizes the executor to distribute the estate.

31. Do I need a lawyer to make a will?
Not necessarily, but a lawyer ensures the will is legally valid and reduces future disputes.

32. What happens if there is no will?
The estate is divided according to the personal laws applicable to the deceased’s religion.

33. Can siblings claim equal share in parents’ property?
Yes, in most cases all legal heirs (including sons and daughters) have equal rights unless stated otherwise in a will.

34. How can I check if I am a nominee in a bank account?
You can request the bank to confirm nominee details, but only the account holder can change them while alive.

35. What is a legal heir affidavit?
It is a sworn statement by heirs declaring their relationship to the deceased, used in claiming assets.

36. Can minors be legal heirs?
Yes, but their share will be managed by a guardian until they reach adulthood.

37. Is it mandatory to register a will in India?
No, but registration adds authenticity and makes it harder to challenge.

38. What is the role of an executor in a will?
The executor carries out the wishes of the deceased, manages the estate, and distributes assets.

39. Can a nominee override a will?
No, a nominee is only a caretaker of assets and must hand them over to the rightful heirs as per the will or succession laws.

40. How do I transfer property after the owner’s death?
You will need the death certificate, will or legal heir certificate, and apply for mutation in property records.

✅ Disclaimer: This FAQ is for general information only and does not constitute legal advice. Laws may change, and procedures may vary by state. For specific legal issues, consult a qualified advocate.