Category: Know Your Rights

Copyright strike and fair use in India work on two separate tracks. The platform decides your channel’s fate today: on YouTube, a strike follows a legal removal request, expires after 90 days if you complete Copyright School, and three strikes within 90 days can terminate the channel. The law decides who is right: India has “fair dealing” under Section 52(1)(a) of the Copyright Act, 1957, not American fair use, and it protects only private or personal use including research, criticism or review, and reporting of current events and current affairs.

Fair dealing section 52 Copyright Act: what it covers

Many Indian creators repeat “fair use” from American videos. The US has an open-ended fair use test. India has a closed list. Section 52(1)(a) protects a fair dealing with any work (other than a computer programme) for:

• private or personal use, including research;
• criticism or review, whether of that work or any other work;
• reporting of current events and current affairs, including a lecture delivered in public.

Your use must fit one purpose and also be fair. Courts look at how much you took, whether your commentary dominates, and whether your video substitutes for the original. In Civic Chandran v. Ammini Amma (Kerala High Court, 1996), a counter-drama that used parts of a well-known play to criticise its message was held to be fair dealing for criticism. The test is purpose and proportion, not a time limit.

Using movie clips on YouTube India: what usually passes

Myths that fail: “under 30 seconds is free” (Indian law has no such rule), “credit to the owner” (credit is not permission), “no copyright infringement intended” (it only shows you knew), and “educational purpose” on a monetised channel (it must still fit a listed purpose). Keep a clip log: video, source, duration and reason for each clip. Music has its own problems: see using copyrighted music in reels.

YouTube copyright strike India: claim vs strike

Content ID claim: a rights holder’s reference file matches your upload, and its chosen policy applies: ads go to the claimant, the video is tracked, or it is blocked or muted. A claim affects that video only. But disputing a claim without a valid reason can lead the owner to file a removal request, which brings a strike.

Copyright strike: follows a legal copyright removal request that YouTube finds valid. Under YouTube’s current policy:

• A strike expires after 90 days if you complete Copyright School and have fewer than three strikes.
• Three strikes within 90 days make the account and linked channels subject to termination.
• If the request is “scheduled”, you get 7 days to delete the video and avoid the strike.
• Deleting a video does not otherwise remove a strike.

Community Guidelines strikes (hate, harassment, nudity) are a separate system. Platform rules change, so check YouTube’s help pages when you face one.

Copyright strike and fair use in India: how to respond

1. Read the notice: which video, which timestamp, which claimant. Screenshot it.
2. Check your basis: do you have a licence (track name, licence ID, date)? Is the use genuinely review, criticism or news?
3. If the claim is right: trim, mute or replace the segment, or accept the claim.
4. If you have a licence: dispute and attach or describe it. Many agencies retract once shown a licence.
5. If it is fair dealing: dispute briefly, for example: “Review. The 6-second clip is used for criticism under Section 52(1)(a) of the Copyright Act, 1957, with commentary throughout.”
6. For a wrongful strike: ask the claimant to retract, or file a counter-notification. A counter-notice requires your contact details and consent to court jurisdiction, so the claimant may sue you. Use it only when you are confident.
7. Extortion: never pay anyone who offers to “remove the strike” for money. Report it to the platform and on cybercrime.gov.in or 1930.

Copyright strike and fair use in India in practice: Kabir’s 12-minute review of a Telugu film in Hyderabad used six clips of 5 to 8 seconds, each followed by critique. The studio’s agency claimed it; he disputed citing review under Section 52(1)(a) with his clip log, and the claim was released. His friend’s 18-minute “story explained” video was removed with a strike.

When someone copies your work, use the platform’s copyright form, or the statutory notice under Section 52(1)(c) read with Rule 75 of the Copyright Rules, 2013: the intermediary must disable access for 21 days, and may restore it if no court order follows. For a business that copies you, a legal notice often works: see how to send a legal notice.

Frequently asked questions

Is there fair use in India for YouTube videos?

India has fair dealing, not US-style fair use. Under Section 52(1)(a) of the Copyright Act, 1957, a fair use of a work is protected only for personal use or research, criticism or review, or reporting current events and affairs. The use must fit one purpose and be proportionate.

How does copyright strike and fair use in India affect my channel?

A strike is the platform’s action; fair dealing is a legal defence. On YouTube, three strikes within 90 days can end the channel, even if you might win in court, so dispute only with a licence or a genuine Section 52 basis.

Can I use 10 seconds of a movie clip on YouTube in India?

Only within fair dealing or with a licence. There is no “10 second” or “30 second” safe rule. A short clip used to support your genuine review or criticism is far safer than a clip used as entertainment.

Is copyright infringement a crime in India?

Yes. Knowing infringement is punishable under Section 63 with imprisonment from six months to three years and a fine from ₹50,000 to ₹2 lakh. Most creator disputes are still settled through claims, takedowns and civil suits.

Quick quiz

To handle copyright strike and fair use in India with confidence, see the Law for Content Creators and Influencers certificate course.

Sources

• Copyright Act, 1957: ss.14, 51, 52(1)(a), 52(1)(c), 55, 60, 63
• Copyright Rules, 2013: Rule 75
• Civic Chandran v. Ammini Amma (Kerala High Court, 1996)
• YouTube Help: copyright strike basics (current policy)

This page is for education and general information, not legal advice for a specific case. Law as on 29 October 2026.

Women’s rights at workplace in India now come mainly from the four Labour Codes in force since 21 November 2025 and the POSH Act, 2013. A woman is entitled to equal wages for the same or similar work (Code on Wages, s.3), up to 26 weeks of paid maternity benefit (Code on Social Security, s.60), and a harassment-free workplace with an Internal Committee wherever there are 10 or more employees (POSH Act, s.4). She may work at night, before 6 a.m. or after 7 p.m., only with her consent and with safety conditions in place (OSH Code, s.43).

Women’s rights at workplace in India: equal pay and equal treatment

The Equal Remuneration Act, 1976 was folded into the Code on Wages, 2019. Section 3 of the Code says there shall be no discrimination in an establishment among employees on the ground of gender in matters relating to wages, for the same work or work of a similar nature. Two further rules matter in practice:

• An employer cannot reduce anyone’s wages to achieve equality. The lower-paid person is brought up; the higher-paid person is not cut down.
• No discrimination on the ground of sex while recruiting for the same or similar work, or in conditions of employment after joining, unless a law restricts women’s employment in that work.

This reflects Article 39(d) of the Constitution (equal pay for equal work) and Article 15(3).

Example: Kavita and Arjun both work as data analysts in the same Noida office, with the same role and targets. Arjun is paid ₹8,000 more each month. If HR gives no job-related reason in writing, she can raise a claim under the Code on Wages before the authority appointed under the Code, or through the Samadhan portal (samadhan.labour.gov.in). Wage claims under the Code must be filed within 3 years.

Night shift rules for women under the OSH Code

Night work is where women’s rights at workplace in India changed most under the Labour Codes. Section 43 of the Occupational Safety, Health and Working Conditions Code, 2020 opens with a clear statement: women “shall be entitled to be employed in all establishments for all types of work”. Night work is allowed, but with two locks:

1. Consent. A woman may be employed before 6 a.m. and beyond 7 p.m. only with her consent.
2. Conditions. The appropriate government prescribes conditions on safety, holidays, working hours and other matters. Check the rules notified for your state, typically covering transport, lighting and security.

Section 44 lets the government require adequate safeguards before women are employed in operations it finds dangerous to their health and safety.

If you are told to work late without having agreed, or without the promised transport, put it in writing to HR. Refusing night work you never consented to is your right under s.43.

Maternity benefit and protection from dismissal

Chapter VI of the Code on Social Security, 2020 (ss.59 to 72) replaced the Maternity Benefit Act, 1961. The key rights:

• 26 weeks’ paid leave at average daily wage if you have fewer than two surviving children, of which not more than 8 weeks before delivery; 12 weeks from the third child.
• Eligibility: at least 80 days actually worked in the 12 months before the expected delivery.
• Adoptive and commissioning mothers: 12 weeks from handover of the child. In March 2026 the Supreme Court struck down the old limit of a child below three months (Hamsaanandini Nanduri v. Union of India).
• Nursing breaks until the child is 15 months old (s.66), and a creche in establishments with 50 or more employees (s.67).
• No dismissal during or because of maternity absence (s.68).

Maternity protection is one of the oldest women’s rights at workplace in India, and the Code kept it intact. Full details are in our maternity benefit guide.

POSH complaint: step by step

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 covers employees of every kind, including trainees, interns and contract staff, at any workplace, including places visited during work.

1. Find the right committee. Every workplace with 10 or more employees must have an Internal Committee (s.4), headed by a senior woman employee, with at least half its members women and one external member. If your workplace has fewer than 10 employees, or the complaint is against the employer, go to the Local Committee in your district (s.6).
2. Write the complaint within 3 months of the incident, or of the last incident in a series (s.9). The committee can extend this by another 3 months for good reason.
3. Inquiry. The committee must complete the inquiry within 90 days (s.11(4)). Conciliation happens only at your request.
4. Action. The employer must act on the committee’s report within 60 days (s.13).
5. Criminal law too. Serious conduct can also be reported to the police under the Bharatiya Nyaya Sanhita, 2023.

An employer that fails to constitute a committee can be fined up to ₹50,000, doubled on repetition (s.26).

Frequently asked questions

What are women’s rights at workplace in India under the new Labour Codes?

Equal wages for the same or similar work and no sex discrimination in recruitment (Code on Wages, s.3), the right to work in all establishments and at night only with consent and safety conditions (OSH Code, s.43), and 26 weeks’ paid maternity benefit with protection from dismissal (Code on Social Security, ss.60 and 68). The POSH Act, 2013 adds protection against sexual harassment.

Can my employer make me work night shifts?

Not without your consent. Section 43 of the OSH Code allows women to work before 6 a.m. and after 7 p.m. only with consent and subject to conditions on safety, holidays and working hours set by the government.

How do I file a POSH complaint?

Submit a written complaint to your Internal Committee within 3 months of the incident. If there is no Internal Committee because there are fewer than 10 employees, or the complaint is against the employer, file before the district Local Committee.

Can I be fired for being pregnant?

No. Section 68 of the Code on Social Security, 2020 bars dismissal or discharge during or on account of maternity absence.

Quick quiz

Learn your workplace, family and property rights in one place in Women’s Legal Rights in India (₹299), a certificate of completion, not a professional qualification.

Sources

• Code on Wages, 2019: Sections 3 and 45
• Occupational Safety, Health and Working Conditions Code, 2020: Sections 43 and 44
• Code on Social Security, 2020: Sections 59 to 72 (maternity benefit)
• Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013: Sections 4, 6, 9, 11, 13 and 26
• Constitution of India: Articles 15(3) and 39(d)
• Hamsaanandini Nanduri v. Union of India, Supreme Court, 17 March 2026

This page is for education and general information, not legal advice for a specific case. Law as on 29 October 2026.

Women’s property rights in India rest on three pillars: stridhan, which is a woman’s absolute property that her husband and in-laws hold only in trust; a daughter’s equal right as a coparcener by birth in Hindu joint family property under Section 6 of the Hindu Succession Act, 1956; and a widow’s place as a Class I heir with full ownership of what she inherits under Section 14. The Supreme Court has repeatedly held that a husband has no control over his wife’s stridhan, and in 2024 ordered ₹25 lakh to be paid for jewellery he had misappropriated.

Women’s property rights in India: stridhan and who owns it

Stridhan is what a woman receives before or at marriage, at her farewell or afterwards: jewellery, cash and gifts from either family or her husband. In Pratibha Rani v. Suraj Kumar (1985), the Supreme Court held that stridhan remains the woman’s absolute property even when it is kept with her husband or in-laws, who hold it as trustees. Refusing to return it can be criminal breach of trust, as Rashmi Kumar v. Mahesh Kumar Bhada (1997) confirmed.

In Maya Gopinathan v. Anoop S.B. (24 April 2024), the Court said stridhan does not become joint property of the spouses. The husband has no control over it. He may use it in times of distress, but he has a moral obligation to restore it or its value. A family court decides such a claim on the balance of probabilities. Under Article 142, it awarded the wife ₹25 lakh for her wedding jewellery.

In Mulakala Malleshwara Rao v. State of Telangana (2024), the Court quashed a case filed by a divorced woman’s father to recover her stridhan from her former in-laws.

How to recover stridhan: step by step

1. List it. Each item, who gave it and when, with photos, bills and messages.
2. Demand in writing. Send a legal notice with a deadline.
3. Domestic Violence Act. If there is domestic violence, the Magistrate can direct return of stridhan in a residence order under s.19(8) of the Protection of Women from Domestic Violence Act, 2005. See our DV Act complaint guide.
4. Police complaint. Dishonest refusal can be criminal breach of trust under s.316 of the Bharatiya Nyaya Sanhita, 2023 (old s.406 IPC).
5. Dowry money. Dowry Prohibition Act, 1961, s.6: anyone else holding it must transfer it to her within three months.
6. Family court. Claim stridhan or its value in matrimonial proceedings.

Daughter’s right in father’s property

• Ancestral or joint family (coparcenary) property. After the 2005 amendment, Section 6 makes a daughter a coparcener by birth, with the same rights and liabilities as a son. In Vineeta Sharma v. Rakesh Sharma (11 August 2020), the Supreme Court held that her right does not depend on her father being alive on 9 September 2005.
• Father’s self-acquired property. If he dies without a will, it goes under Section 8 to Class I heirs: sons, daughters, widow and mother, equally. In Arunachala Gounder v. Ponnusamy (2022), the Court held that a daughter inherits her father’s self-acquired property even where he died before 1956.

Most disputes about women’s property rights in India arise at this stage, when a brother assumes a married sister has no claim.

Example: Sunita’s father in Kanpur dies in 2025 without a will, leaving a self-acquired house. Her brother seeks mutation in his name alone, saying she “gave up her share on marriage”. She signed no relinquishment deed, so she remains a Class I heir with an equal share, and objects. See who inherits property without a will.

Caution: agricultural land in some states, including Uttar Pradesh, follows state revenue law, where the order of heirs can differ.

Widow’s right in husband’s property

• Class I heir. A widow takes a share equal to each child and the husband’s mother when he dies without a will (s.8).
• Full ownership. Section 14(1) makes property possessed by a female Hindu her absolute property, not a limited life estate. V. Tulasamma v. Sesha Reddy (1977) read this widely. Section 14(2) keeps restricted estates created by a will, gift or award. In Tej Bhan v. Ram Kishan (9 December 2024), the Supreme Court referred conflicting rulings on this line to a larger bench.
• Residence. Under s.17 of the DV Act, a woman in a domestic relationship has a right to reside in the shared household. In Satish Chander Ahuja v. Sneha Ahuja (15 October 2020), the Court held this can include a house owned by her in-laws.

Muslim women’s inheritance follows personal law; Christian and Parsi women’s, the Indian Succession Act, 1925.

Frequently asked questions

What are women’s property rights in India in simple words?

A woman owns her stridhan absolutely. A Hindu daughter has the same coparcenary right as a son in joint family property and an equal share in her father’s self-acquired property if he leaves no will. A widow is a Class I heir and owns what she inherits absolutely under Section 14 of the Hindu Succession Act.

Can my husband sell or pledge my stridhan jewellery?

No. The Supreme Court in Maya Gopinathan (2024) held that a husband has no control over stridhan. If he used it in distress, he must restore it or its value.

Does a married daughter have a right in her father’s property?

Yes. Marriage does not affect a daughter’s rights under Section 6 or Section 8 of the Hindu Succession Act. Only a valid relinquishment, partition, sale or will can change her share.

Can my father claim my stridhan from my in-laws?

Not on his own. The Supreme Court held in 2024 that only the woman, or someone she authorises, can claim it.

Quick quiz

Study stridhan, inheritance and residence rights step by step in Women’s Legal Rights in India (₹299).

Sources

• Hindu Succession Act, 1956: Sections 6, 8, 14, 15 and 16 (as amended in 2005)
• Protection of Women from Domestic Violence Act, 2005: Sections 17 and 19(8)
• Bharatiya Nyaya Sanhita, 2023: Section 316
• Dowry Prohibition Act, 1961: Section 6
• Pratibha Rani v. Suraj Kumar, Supreme Court, 1985; Rashmi Kumar v. Mahesh Kumar Bhada, Supreme Court, 1997
• Maya Gopinathan v. Anoop S.B., Supreme Court, 24 April 2024; Mulakala Malleshwara Rao v. State of Telangana, Supreme Court, 2024
• Vineeta Sharma v. Rakesh Sharma, Supreme Court, 11 August 2020; Arunachala Gounder v. Ponnusamy, Supreme Court, 2022
• V. Tulasamma v. Sesha Reddy, Supreme Court, 1977; Tej Bhan v. Ram Kishan, Supreme Court, 9 December 2024 (reference to larger bench)
• Satish Chander Ahuja v. Sneha Ahuja, Supreme Court, 15 October 2020

This page is for education and general information, not legal advice for a specific case. Law as on 29 October 2026.

Using copyrighted music in reels is lawful only with a licence: the platform’s own music library (within its terms), a royalty-free or production library licence, a Creative Commons track used on its terms, or a direct licence from the label. Indian copyright law has no “30 seconds is free” rule, and background music in a vlog is not fair dealing. A film song carries separate rights in the composition, the lyrics and the sound recording, which last 60 years and more. Images follow the same logic: a photo found on Google belongs to its photographer unless the licence says otherwise.

Copyright for Instagram reels: why music is the biggest risk

A recorded film song has at least three layers of rights: the composition (owned through the composer and publisher), the lyrics (the lyricist and publisher) and the sound recording (usually the music label). Using even ten seconds of it in a reel touches all three. Labels monitor platforms closely, which is why most claims against Indian creators are music claims.

Myths that cost creators money:

• “It is only 15 seconds.” Length does not make copying lawful.
• “I bought the song” or “I have a streaming subscription.” That is a personal listening licence, not a right to publish.
• “It is my cover.” Your voice is yours, but the composition and lyrics are not. Covers need a licence for the underlying works, unless a platform’s arrangement with publishers covers that use.
• “Old songs are free.” Most Hindi film music from the 1970s is still protected. Sound recordings run 60 years from publication; compositions and lyrics run for the author’s life plus 60 years.
• “The venue has a PPL or IPRS licence.” Public performance licences cover playing music at a venue or event, not posting it in your reel.

Legal ways of using copyrighted music in reels

1. The platform’s music library. Instagram, Facebook and YouTube Shorts offer tracks the platform has licensed for use inside the app. Read the terms for your account type: business and brand accounts often get a narrower library. Downloading a reel with a library song and re-posting it elsewhere, or running it as a paid ad, may not be covered.
2. Royalty-free and production libraries. A paid subscription gives a licence, often tied to the channel that downloaded the track. Keep the licence certificate for each track; it is what releases a claim. Check whether the licence survives cancellation.
3. Creative Commons and free libraries. Follow the exact licence: attribution may be required, and “NC” licences prohibit commercial use, which includes a monetised or sponsored reel.
4. Direct licence. For a brand campaign, get a written licence from the label or artist covering platforms, duration, territory and paid promotion. Under Section 30, a licence must be in writing.
5. Commission original music and take a written assignment so it is yours (Section 19 requires writing; if duration and territory are not stated, the assignment is deemed to be for five years and for India only).

Example: Pooja, a Chandigarh fitness creator, made a paid reel for a supplement brand using a trending track from the in-app library on her personal account. The brand then ran the same reel as an ad from its business account, and the label claimed it. Her contract had not said who would license music for paid use. When using copyrighted music in reels for brands, write the music licence into the contract.

Image copyright India for creators

• Photographs are artistic works. The photographer is the author and first owner, unless the photo was commissioned for payment or made in employment (Section 17). A photo on Google Images, a news site or someone’s Instagram is not free to use.
• Stock images come with licences that may exclude logos, merchandise, sensitive uses or resale. Keep the licence.
• Celebrity photos carry two risks: the photographer’s copyright, and the celebrity’s personality rights. Courts, especially the Delhi High Court, have restrained unauthorised commercial use of famous people’s names, faces and voices, including through AI, as in Anil Kapoor v. Simply Life India (2023).
• Public domain: a work whose author died more than 60 years ago is free from the start of the following calendar year. Rabindranath Tagore died in 1941, so his writings have been in the public domain since 2002. A new translation or recording of them may still be protected.
• Buildings and public sculptures: Section 52 permits photographs of works of architecture and of artistic works permanently situated in a public place.
• Memes and film stills: tolerated in commentary, but risky in brand promotions, where studios have objected. Use original or licensed art for paid posts.
• AI-generated images and music: read the tool’s terms on commercial use. Realistic synthetic content must be declared and labelled on large platforms under the IT Rules as amended from 20 February 2026.

If your reel gets a claim

1. Check the claimant and the track. If you have a licence, dispute and cite the licence ID.
2. If the claim is valid, swap the audio from the library, mute the segment or remove the reel.
3. Never pay strangers who offer to “clear” a claim; report it on cybercrime.gov.in or 1930.

For strikes and fair dealing on YouTube, see copyright strike and fair use in India.

Frequently asked questions

Is using copyrighted music in reels allowed if I give credit?

No. Credit is not permission. You need a licence, such as the platform’s in-app library within its terms, a royalty-free licence or a direct licence from the label.

Is royalty-free music free to use anywhere?

No. Royalty-free means no per-use royalty, but you still need the licence and must follow its conditions on platforms, commercial use and attribution.

Can a business account use trending songs on Instagram?

Often not. Business accounts usually get a narrower, commercially cleared library. Check the platform’s current music terms for your account type before posting.

Can I use a photo from Google in my thumbnail?

Only if its licence allows it. The photographer owns the copyright, and a celebrity photo can also raise personality rights issues.

Quick quiz

To stop worrying about using copyrighted music in reels, see the Law for Content Creators and Influencers certificate course.

Sources

• Copyright Act, 1957: ss.13, 14, 17, 19, 22, 26, 27, 30, 52, 63
• Anil Kapoor v. Simply Life India (Delhi High Court, 2023)
• Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, as amended with effect from 20 February 2026

This page is for education and general information, not legal advice for a specific case. Law as on 29 October 2026.

The biggest Udyam registration benefits are legal protection against late payment and easier access to credit and government purchases. A buyer must pay a Udyam-registered micro or small manufacturer or service provider within the agreed period, which cannot exceed 45 days from acceptance (MSMED Act, s.15), or pay compound interest at three times the RBI bank rate (s.16). Registration is free at udyamregistration.gov.in, and unpaid bills are now claimed on the MSME ODR portal (odr.msme.gov.in).

What Udyam registration is, and who should do it

Udyam registration is the government’s recognition that your business is a micro, small or medium enterprise under the Micro, Small and Medium Enterprises Development Act, 2006. The classification limits were raised by Notification S.O. 1364(E) of 21 March 2025, and the Ministry of MSME has clarified that the higher limits apply from 1 April 2025 for all purposes.

The process is free. You need the Aadhaar of the proprietor, managing partner or director, and the PAN of the business; GSTIN is needed where GST registration is compulsory.

Udyam registration benefits: the list that matters

• Protection against delayed payment for micro and small manufacturers and service providers (ss.15 to 24 of the MSMED Act).
• Priority sector lending: banks count loans to MSMEs towards their priority sector targets, which helps small units get credit.
• Collateral-free credit through the Credit Guarantee Fund Trust for Micro and Small Enterprises (CGTMSE), offered by lending banks.
• Government purchases: under the Public Procurement Policy for Micro and Small Enterprises, central ministries and public sector undertakings aim to buy at least 25% of their annual purchases from MSEs, and registered MSEs often get tender fee and earnest money relief.

Retail and wholesale traders can register on Udyam since the Ministry’s office memorandum of 2 July 2021, but only for priority sector lending. Traders cannot use the delayed payment mechanism.

The MSME delayed payment 45 days rule explained

Section 15 of the MSMED Act says the buyer must pay on or before the date agreed in writing, and that date cannot be more than 45 days from the day the buyer accepted (or is deemed to have accepted) the goods or services. If there is no written agreement on the date, payment is due within 15 days of acceptance. Deemed acceptance applies if the buyer raises no written objection within the agreed period, or within 15 days of delivery where none is agreed.

So a purchase order that says “payment in 90 days” does not override the law. Under s.16, if the buyer pays late, he owes compound interest with monthly rests at three times the bank rate notified by the Reserve Bank of India, from the due date, “notwithstanding anything contained in any agreement”. Under s.23, the buyer cannot claim that interest as a deductible expense for income tax.

The tax push. Section 43B(h) of the Income-tax Act, 1961, effective from assessment year 2024-25, allows a buyer to deduct amounts owed to a micro or small enterprise only in the year they are actually paid if the payment crosses the s.15 time limit. The Income-tax Act, 2025, in force from 1 April 2026, carries the same rule in section 37(2)(g), as the Government told the Rajya Sabha on 21 July 2026.

MSME Samadhan complaint: now filed on the ODR portal

MSME Samadhaan (samadhaan.msme.gov.in) was the Ministry’s portal for delayed payment cases. The Ministry launched the MSME ODR portal in 2025, and from 15 October 2025 all new delayed payment references must be filed on odr.msme.gov.in. Samadhaan now redirects new filers and serves only to migrate old cases.

1. Send a demand notice citing ss.15 and 16, with principal and interest worked out. See legal notice for recovery of money.
2. File on the ODR portal with your Udyam number, buyer details, invoices, purchase orders, delivery proof and correspondence.
3. Negotiation and conciliation. The Micro and Small Enterprises Facilitation Council (MSEFC) of your state takes up the case and first tries conciliation (s.18).
4. Arbitration. If conciliation fails, the Council arbitrates or refers the case to an institution. The reference should be decided within 90 days (s.18(5)).
5. Challenge needs a deposit. A buyer who wants to challenge the award in court must first deposit 75% of the amount (s.19).

Register before you sign. In Silpi Industries v. Kerala SRTC (2021) the Supreme Court held that the supplier must be registered when the contract is made. In NBCC (India) Ltd. v. State of West Bengal (2025) a two-judge bench doubted this and referred the question to a larger bench, so it is unsettled. Register first, and print your Udyam number on every invoice.

Real-life example

Kavita runs a micro unit in Kanpur making packaging boxes. A Noida distributor holds ₹6 lakh of her bills for four months, citing “120-day credit”. Registered on Udyam before the order, she sends a notice under ss.15 and 16 and files on the ODR portal. At conciliation the distributor pays principal and interest: an award would need a 75% deposit to challenge, and the delay also costs it a tax deduction.

Frequently asked questions

What are the Udyam registration benefits for a small business?

The main ones are the MSMED Act’s 45-day payment rule with compound interest at three times the RBI bank rate, priority sector lending, collateral-free credit through CGTMSE, and preference in government purchases. Registration is free on udyamregistration.gov.in.

Is MSME registration the same as Udyam registration?

Yes. Since 1 July 2020, MSME registration is done only as Udyam registration on the government portal.

Can a trader use the 45-day rule?

No. Retail and wholesale traders on Udyam get priority sector lending benefits only, and Facilitation Councils do not entertain their payment claims. The rule protects micro and small manufacturers and service providers.

Where do I file an MSME Samadhan complaint now?

New delayed payment cases go on the MSME ODR portal, odr.msme.gov.in, from 15 October 2025. The old Samadhaan portal redirects new applicants there.

Quick quiz

Want the full picture on registrations and recovering dues? Take Law for Shopkeepers and Small Businesses, and for ready formats see the Business Compliance Pack, ₹799. The certificate is a Lexfolio certificate of completion, not a professional qualification.

Sources

• Micro, Small and Medium Enterprises Development Act, 2006, ss.2, 7, 15 to 19 and 23
• Ministry of MSME Notification S.O. 1364(E), 21 March 2025, and circular of 24 October 2025
• Ministry of MSME office memorandum of 2 July 2021 (traders on Udyam)
• Income-tax Act, 1961, s.43B(h); Income-tax Act, 2025, s.37(2)(g) (Rajya Sabha reply, 21 July 2026)
• Silpi Industries v. Kerala State Road Transport Corporation (SC, 2021); NBCC (India) Ltd. v. State of West Bengal (SC, 2025, reference to larger bench)

This page is for education and general information, not legal advice for a specific case. Law as on 29 October 2026.

Shop and establishment registration is done under your own state’s Shops and Establishments Act, so who must register, the form, the fee and the deadline all vary by state. In Maharashtra, an establishment with 10 or more workers must register, and one with fewer than 10 files an online intimation instead. In Uttar Pradesh, from 19 November 2025 the amended 1962 Act applies compulsorily only to establishments employing 20 or more workers. Apply on your state labour department’s portal, never on a look-alike private site.

What shop and establishment registration actually is

Every state has a law that regulates shops, offices and commercial establishments. These laws cover opening and closing hours, the weekly holiday, daily working hours and overtime, leave, and whether women can work at night. Registration is the first step: it tells the state labour department that your establishment exists, and the certificate becomes a basic business document.

The registration certificate is often asked for when you open a current account in the shop’s name, take a business loan, or sign with a payment gateway.

It is not a trade licence. A trade licence comes from the municipal corporation or council under municipal law. It is also not GST, FSSAI or Udyam registration. A small business may need several of these at once.

State-wise rules: two verified examples

Because this is state law, do not copy another state’s rules. Here are two states where the position is clear as on 29 October 2026.

Maharashtra

• The Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017 replaced the old 1948 Act.
• The new Act applies to establishments employing 10 or more workers, and they must register.
• An establishment with fewer than 10 workers does not register in the full sense. It files an online intimation of commencement of business in Form F.
• “Gumasta licence” is simply the popular name for this registration in Mumbai and Pune.

Uttar Pradesh

• The governing law is the U.P. Dookan Aur Vanijya Adhishthan Adhiniyam, 1962.
• The 2025 amendment, deemed to have come into force on 19 November 2025, makes the Act compulsory only for establishments with 20 or more workers. Smaller establishments may register voluntarily.
• Registration is online through the state labour department portal. Reports on the amendment say an establishment covered by it should apply within six months of starting business.
• The amendment also allows 9 hours of daily work, a total of 11 hours a day including overtime, and night work by women from 7 pm to 6 am with their written consent and safeguards such as transport and security.

For any other state, open the state labour department’s website and look for the Shops and Establishments section.

How to apply for shop registration online: step by step

1. Count your workers. The threshold decides whether you must register (UP: 20 or more) or only send an intimation (Maharashtra: fewer than 10). Count everyone your state’s law treats as a worker or employee. Under the UP amendment this includes people engaged through outsourcing agencies.
2. Find the official portal. Use your state labour department’s site, or the state single-window portal that links to it. Ignore paid search ads that look official.
3. Keep documents ready. Usually: owner’s ID and address proof, PAN, proof of the shop’s address (rent agreement or ownership document, plus an electricity bill), photograph, details of the nature of business and number of workers. Partnerships and companies add their deed or incorporation papers.
4. Fill and pay. Enter the establishment name, address, date of starting, category of business and worker count. Pay the state fee online.
5. Download and display. Save the certificate and display it at the premises if your state’s rules require it. Update the department when the number of workers, address or ownership changes.

Common mistakes shopkeepers make

• Paying agents for a free or cheap online process. Many look-alike websites charge high “service fees”. The government fee is usually modest.
• Assuming one registration covers everything. A shop certificate does not replace a trade licence, GST or FSSAI.
• Ignoring the working-hours rules. Registration is the start, not the end. Hours, holidays and overtime still apply to covered establishments, and the four Labour Codes, in force from 21 November 2025, now govern wages and social security alongside state shop laws.
• Using another state’s thresholds. A Lucknow shop following Mumbai rules, or the reverse, can be wrong both ways.

Real-life example

Imran runs a mobile accessories shop in Aminabad, Lucknow with three helpers. After the 2025 amendment, his shop is below the UP threshold of 20 workers, so registration under the 1962 Act is not compulsory for him, though he may still register voluntarily if his bank asks for it. His cousin Aditya opens a similar shop in Pune with four staff. Aditya files an online intimation in Form F under the Maharashtra Act. Same business, different states, different duties.

Frequently asked questions

Is shop and establishment registration compulsory for every shop?

No. It depends on your state’s Act and, increasingly, on the number of workers. In Uttar Pradesh it is compulsory from 20 workers, and in Maharashtra full registration applies from 10 workers, with an intimation below that. Check your own state’s law.

What is a gumasta licence?

Gumasta licence is the popular name for shop and establishment registration in Maharashtra and Gujarat. It is the same registration under the state’s shops law, not a separate licence.

Can I do shop registration online?

Yes, most states now run shop registration online through the state labour department portal or a single-window portal. Use the official site and keep the payment receipt and certificate.

Is a shop act licence enough to open a current account?

It is one of the documents banks commonly accept as proof of business, but each bank sets its own list. GST registration or Udyam registration are often accepted too.

Quick quiz

Running a small shop or office? Law for Shopkeepers and Small Businesses covers every registration and the rules that follow it. For ready formats, see the Business Compliance Pack, ₹799. The certificate is a Lexfolio certificate of completion, not a professional qualification.

Sources

• Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017 and Rules, 2018 (Form F intimation)
• U.P. Dookan Aur Vanijya Adhishthan Adhiniyam, 1962, as amended by the U.P. Dookan Aur Vanijya Adhishthan (Sanshodhan) Adhiniyam, 2025
• Code on Wages, 2019 and the other Labour Codes (in force from 21 November 2025)

This page is for education and general information, not legal advice for a specific case. Law as on 29 October 2026.

The basic rent increase rules for tenants in India are simple: during the agreed term, a landlord can raise rent only as the rent agreement allows, because a lease is a contract under the Transfer of Property Act, 1882. There is no single national cap on how much rent can go up; at renewal, the new rent is a matter of negotiation, unless a state rent law fixes or limits it. In Uttar Pradesh, the Allahabad High Court on 21 August 2026 struck down the 2021 Act’s rent revision provisions (ss.8 to 10), so rent there now follows the agreement.

How much can a landlord increase rent?

Most people expect a fixed legal percentage, such as 10% a year. There is no such national rule. Under the Transfer of Property Act, 1882, a lease is a transfer of a right to enjoy property for a price, on terms the parties agree. Rent is part of those terms. So the answer depends on three things, in this order:

1. Your rent agreement. If it says “rent shall increase by 5% on renewal”, that is the increase. If it says nothing, there is no automatic increase during the term.
2. Your state’s rent law, if it applies. Older rent control laws in many states fix a “standard” or “fair” rent or limit increases, but often only in notified urban areas, below certain rent levels, or for older buildings. Whether your premises are covered is the first question to check with a local lawyer.
3. Negotiation at renewal. When the term ends, both sides are free to agree a new rent. Neither can force the other.

Rent hike in the middle of the agreement

A landlord who sends a WhatsApp message saying “rent is ₹25,000 from next month” in the middle of an 11-month agreement that fixed ₹20,000 cannot enforce that demand on his own. The agreed rent binds both sides for the term. You can reply politely, in writing, that the agreement fixes the rent until a stated date and that you will discuss any revision at renewal.

What the landlord can do lawfully:

• Rely on an escalation clause, if the agreement has one.
• Ask you to agree a new rent and record it in a signed addendum.
• Decline to renew when the term ends, and end the tenancy by a valid notice. For a month-to-month tenancy with no contrary contract, Section 106 of the TPA gives 15 days’ notice, counted from receipt. Your agreement’s notice clause usually overrides this default.

What he cannot do: cut water or electricity, change the locks, remove your belongings or threaten you to force the hike. A person in settled possession can be removed only by due process of law. See eviction of tenant rules in India.

Rent control and the Uttar Pradesh position after 21 August 2026

The Model Tenancy Act, 2021 is a model law circulated by the Centre. It says rent revision shall be as per the tenancy agreement, sends disputes to a Rent Authority, and allows an agreed increase where the landlord improves the premises under a written agreement made before the work. It binds only states that have enacted their own law on its lines.

Uttar Pradesh enacted the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021. Its ss.8, 9 and 10 dealt with rent, upward revision and the Rent Authority’s power to fix revised rent. On 21 August 2026, a Division Bench of the Allahabad High Court, in Inder Bhushan Sawhney v. Kanchan Kumari Jain, struck down ss.8, 9, 10, 38 and 42. The Court held that landlord and tenant law falls in the Concurrent List, and the revision provisions conflicted with the Transfer of Property Act without Presidential assent (Article 254). The 1972 Act was revived only to the extent needed.

• Rent revision in UP: the statutory formula and the Rent Authority’s power to fix rent no longer operate. Rent is what the lease says.
• Deposit cap: s.11 was not struck down, so the cap of two months’ rent (residential) and six months’ rent (non-residential) continues.
• Forum: which body now hears UP tenancy disputes is unsettled, and the judgment may go to the Supreme Court. Take local advice before filing.

Do not apply figures from other states’ rent laws to your tenancy unless you have checked that law yourself.

Real-life example

Farhan rents a 2BHK in Indira Nagar, Lucknow at ₹20,000 a month on an 11-month agreement from January 2026, with no escalation clause. In June the landlord demands ₹25,000 from July. Farhan replies by email that the rent is fixed until November and offers to discuss revision at renewal. The landlord cannot rely on the old Rent Authority revision powers, which the High Court struck down in August. In November they agree ₹21,500 and sign a fresh agreement with a 5% escalation clause. If they had not agreed, the landlord’s remedy would have been to decline renewal and, if Farhan stayed on, go to court, not to cut his electricity.

Frequently asked questions

What are the rent increase rules for tenants in India?

Rent can be increased during the term only as the rent agreement allows. At renewal, the new rent is negotiated. A state rent law, where it applies to your premises, may fix or limit rent, so check whether yours does.

Can a landlord increase rent by 10% every year?

Only if the agreement provides for it or you agree at renewal. A 10% annual increase is a common market practice, not a legal right.

What if I refuse a rent hike?

Keep paying the agreed rent on time and keep proof. If the term has ended, the landlord may end the tenancy by valid notice and seek possession through the proper forum. He cannot use force or cut supplies.

Is the Model Tenancy Act in force everywhere?

No. It is a model law. It binds only states that have enacted their own law on its lines, with their own changes.

Quick quiz

Renting or letting a home? Take Tenant and Landlord Rights, and use the Rent Agreement Set, ₹149 to draft an agreement with a clear escalation clause. The certificate is a Lexfolio certificate of completion, not a professional qualification.

Sources

• Transfer of Property Act, 1882, ss.105, 106, 108 and 111
• Model Tenancy Act, 2021 (model law)
• Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021, ss.8 to 11, 38 and 42
• Inder Bhushan Sawhney v. Kanchan Kumari Jain (Allahabad High Court, Division Bench, 21 August 2026)
• Constitution of India, Article 254

This page is for education and general information, not legal advice for a specific case. Law as on 29 October 2026.

The reason why rent agreements are for 11 months is registration: under Section 17(1)(d) of the Registration Act, 1908 and Section 107 of the Transfer of Property Act, 1882, a lease for more than one year, from year to year, or reserving a yearly rent must be registered, while a lease of 11 months need not be. An 11 month rent agreement still needs proper stamp duty under your state’s stamp law, and some states require registration or official intimation whatever the term. Notarising an agreement is not registering it.

Why rent agreements are for 11 months: the registration rule

Section 107 of the Transfer of Property Act says a lease of immovable property from year to year, for any term exceeding one year, or reserving a yearly rent can be made only by a registered instrument. Section 17(1)(d) of the Registration Act, 1908 says the same from the registration side. All other leases, such as a monthly tenancy, can be made by a registered instrument or by oral agreement with delivery of possession.

An 11-month agreement is for a term that does not exceed one year. So the central law does not force the parties to go to the Sub-Registrar’s office. That is the whole origin of the 11 month rent agreement. It gives:

• no compulsory visit to the Sub-Registrar and no registration fee;
• often lower stamp duty, because many states link lease duty to the term and total rent;
• comfort to landlords that the term ends soon and a long fixed tenancy does not build up.

Twelve months would also be “not exceeding one year”, but 11 months leaves a margin and has become the market habit.

Registration of rent agreement: what happens if you skip it when it is required

Section 49 of the Registration Act says a document that must be registered but is not does not affect the property and cannot be received as evidence of the transaction, except for limited purposes such as a collateral purpose. So a three-year agreement on stamp paper, notarised but not registered, cannot be enforced as a three-year lease.

The tenant is not turned into a trespasser. Courts have held that where a tenant is in possession and paying rent, a tenancy can be inferred from conduct, usually month to month (Anthony v. K.C. Ittoop and Sons, Supreme Court, 2000). But the agreed term, the lock-in and the fixed escalation may be lost. For a long family tenancy or a shop, a registered lease is the safer choice.

Stamp duty on rent agreement: a state subject

Stamp duty is a tax on the document, paid by stamp paper or e-stamp. Each state fixes its own rates, under its own Stamp Act or the Indian Stamp Act, 1899 as amended by that state. Duty on a lease may depend on the term, the total rent and the deposit. We do not give figures because they differ and change; check your state’s stamp and registration department website or the e-stamp vendor before signing.

• An 11-month agreement still needs correct stamp duty. An unstamped or under-stamped document can be objected to when produced in court and may have to be stamped with a penalty.
• Who pays stamp duty is a matter of agreement. Write it down.
• Stamp duty, registration and notarisation are three separate things. A notary only attests signatures.

Limits of the 11-month trick

• State rules can require more. In Maharashtra, leave and licence agreements must be in writing and registered under the Maharashtra Rent Control Act, 1999, whatever the term. In Uttar Pradesh, the 2021 tenancy Act requires tenancy agreements to be informed to the Rent Authority; that requirement was not among the provisions the Allahabad High Court struck down on 21 August 2026, though the UP forum position is unsettled. Check your own state.
• It does not make eviction easier. If the tenant stays after 11 months and the landlord accepts rent, the tenancy continues month to month under TPA s.116. Possession still needs due process.
• It needs renewal. A fresh agreement every 11 months means fresh stamp duty and a fresh negotiation on rent.
• Police verification is separate. Many cities require landlords to report tenants under local orders, whatever the agreement’s term.

Real-life example

Rakesh rented a shop in Jaipur on a notarised, unregistered five-year agreement with a three-year lock-in. In the second year the landlord asked him to leave. Because the lease was for more than one year and unregistered, Rakesh could not rely on the five-year term, and the tenancy was likely to be treated as month to month. His neighbour Priya, who rented a flat on an 11-month agreement on correct e-stamp paper, had no registration problem, but she renews every 11 months and pays stamp duty each time.

Frequently asked questions

Why are rent agreements for 11 months in India?

Because leases for more than one year must be registered under Registration Act s.17 and TPA s.107, while an 11-month lease need not be. It saves the Sub-Registrar visit and often reduces stamp duty, but it still needs correct stamp duty and must follow state rules.

Is an 11 month rent agreement valid without registration?

Yes, under central law, provided it is properly stamped. Some states, such as Maharashtra for leave and licence agreements, require registration whatever the term.

Is a notarised rent agreement legal?

It is a valid unregistered agreement if properly stamped. Notarisation only attests signatures. It does not replace registration where registration is compulsory.

Can a landlord evict me when the 11 months end?

The term ends, but if you stay and he accepts rent, a month-to-month tenancy continues. Either way he must use due process, not force.

Quick quiz

Drafting a rental? The Rent Agreement Set, ₹149 gives ready formats, and Tenant and Landlord Rights explains every clause. The certificate is a Lexfolio certificate of completion, not a professional qualification.

Sources

• Transfer of Property Act, 1882, ss.106, 107 and 116
• Registration Act, 1908, ss.17(1)(d) and 49
• Indian Stamp Act, 1899 and state stamp laws
• Maharashtra Rent Control Act, 1999, s.55 (leave and licence agreements)
• Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021; Inder Bhushan Sawhney v. Kanchan Kumari Jain (Allahabad High Court, 21 August 2026)
• Anthony v. K.C. Ittoop and Sons (SC, 2000)

This page is for education and general information, not legal advice for a specific case. Law as on 29 October 2026.

Property title verification before buying means checking that the seller actually owns the property, that the ownership has passed through valid registered documents, and that no loan, case or claim is attached to it. In India you do this by reading the chain of registered sale deeds, getting an encumbrance certificate from the Sub-Registrar, matching revenue and municipal records, and checking RERA registration for new projects. A power of attorney or an unregistered agreement does not make anyone the owner, so never buy on those papers alone.

Why property title verification before buying matters

Many property disputes start with a buyer who trusted the seller’s word, and later a brother, a bank or an earlier buyer turns up. Registration does not cure a bad title. The Sub-Registrar records the document you present; it does not certify that the seller owned what he sold.

So property title verification before buying is your job, or your lawyer’s. A title search in India has three parts: the documents of ownership, the records of loans and charges, and the records of litigation and government dues.

How to check property documents before buying: the checklist

1. Current title deed. Get a copy of the seller’s registered sale deed, gift deed, partition deed or other document. Match names, area, boundaries and plot number with the property on the ground.
2. Chain of title. Trace earlier deeds back as far as the lender or your lawyer asks, Every link should be a registered document, a court decree, or a provable succession.
3. Inheritance links. If a past owner died, see who inherited. Under the Hindu Succession Act, 1956, several heirs may share. A sale by one heir alone can leave the others’ shares unsold.
4. Encumbrance certificate. Apply at the Sub-Registrar’s office or the state registration portal (in Uttar Pradesh, igrsup.gov.in). Ask for a long period.
5. Revenue and municipal records. Khatauni or record of rights for land, mutation entries, and municipal property tax receipts. They should show the seller, with dues paid.
6. Approved building plan. Check the sanctioned map from the development authority or municipal body.
7. Occupancy or completion certificate. For a built flat or house, ask for the occupancy certificate. See our occupancy certificate and completion certificate guide.
8. RERA registration. For a new project, search the project on the state RERA portal.
9. Litigation search. Search the seller’s name and the property on the eCourts services portal for the district.
10. Society or authority NOC. Get any transfer NOC needed for a society flat or leasehold plot.
11. Public notice. A newspaper notice inviting objections is optional but brings out hidden claimants.

Reading the encumbrance certificate

The encumbrance certificate shows registered transactions on the property for the years you ask for. If none are found, it says so. Read it with three questions in mind:

• Does the last transaction match the seller’s deed? If the EC shows a later sale or gift by the seller, he may have already sold.
• Is there a registered mortgage? Ask for the lender’s no-dues letter and the release or reconveyance deed, or arrange for the seller’s loan to be closed from your payment directly.
• What can the EC miss? It shows only what was registered at that office. An equitable mortgage created by deposit of title deeds, a pending suit or an unregistered agreement may not appear. That is why you also check originals, litigation and the seller’s bank.

If the seller cannot produce the original title deed, ask why: it may be lying with a bank as security.

Red flags that should stop the deal

• The seller’s title rests only on a general power of attorney, an agreement to sell or a will that has not taken effect. After Suraj Lamp, these do not convey ownership.
• The seller is one of several heirs and the others will not sign.
• Construction exceeds the sanctioned plan, or there is no occupancy certificate for a flat sold as ready.
• The names, area or plot number differ between the deed, the EC and the revenue record.

Example: Anjali in Lucknow agrees to buy a plot from Ramesh, who holds a GPA from the recorded owner, his uncle. Her lawyer finds that the uncle died in 2023 and has three children. The GPA ended with the uncle’s death, and the children now own the plot. Anjali stops and asks the three heirs to execute the sale deed themselves.

After verification: protecting yourself at signing

1. Put the seller’s promises in the agreement: clear title, no encumbrance, no pending case, and an indemnity if a defect appears later.
2. Pay through bank transfer only, and tie the balance to registration.
3. Register the sale deed with the correct stamp duty at the Sub-Registrar’s office. Stamp duty is set by each state.
4. Apply for mutation in your name and update the property tax record. See property registration and mutation basics.
5. If you are taking a loan, the bank will run its own legal check. Read our home loan legal documents checklist.

Frequently asked questions

How do I do property title verification before buying in India?

Collect the seller’s registered title deed and earlier deeds in the chain, get an encumbrance certificate from the Sub-Registrar, match revenue and municipal records, check the approved plan, occupancy certificate and RERA registration, and search for court cases. A property lawyer can prepare a written title report from these papers.

What is an encumbrance certificate and where do I get it?

It is a certificate from the Sub-Registrar’s office listing registered transactions, such as sales and mortgages, on a property over a chosen period. Many states issue it online through the state registration portal. It shows only registered transactions, so check other records too.

Is a property bought on GPA safe?

No. The Supreme Court in Suraj Lamp and Industries (2011) held that GPA, agreement to sell and will transactions do not transfer title. Ownership passes only by a registered deed of conveyance.

Does mutation in the seller’s name prove ownership?

No. Mutation is a revenue entry for fiscal purposes. Title comes from registered documents and lawful succession.

Quick quiz

Build a full title-checking routine in the Home Buyer’s Legal Certificate Course (₹399). It is a certificate of completion, not a professional qualification, and it does not replace a lawyer’s title report on a specific property.

Sources

• Registration Act, 1908: Sections 17 and 49
• Transfer of Property Act, 1882: Sections 54 and 55(1)
• Real Estate (Regulation and Development) Act, 2016: Sections 3 and 11(4)(b)
• Suraj Lamp and Industries Pvt. Ltd. v. State of Haryana, Supreme Court, 11 October 2011
• Jitendra Singh v. State of Madhya Pradesh, Supreme Court, 6 September 2021

This page is for education and general information, not legal advice for a specific case. Law as on 29 October 2026.

An occupancy certificate and completion certificate are both issued by the local development authority or municipal body, but they certify different things. The completion certificate confirms the project was built according to the sanctioned plan; the occupancy certificate (OC) permits the building to be occupied, with water, sanitation and electricity in place. Under Section 11(4)(b) of RERA, 2016, the builder must obtain them and give them to buyers. In February 2026 the Supreme Court held that a buyer cannot be forced to take possession without an OC.

Occupancy certificate and completion certificate: the difference

Before you sign anything, ask to see both the occupancy certificate and completion certificate. Think of the completion certificate as the authority saying, “this was built as approved”. The occupancy certificate says, “people may now live or work here”. The names vary between states and cities, and RERA accepts that by defining both as certificates “by whatever name called” issued under local laws.

• Completion certificate (CC): issued after inspection confirms the construction matches the sanctioned building plan and layout.
• Occupancy certificate (OC): issued when the building is fit to occupy, with civic services in place. Some authorities issue part OCs for completed towers.

One trap: in Maharashtra and some other places, “CC” in builder documents often means the commencement certificate, which only allows construction to start. A commencement certificate is not a completion certificate. Ask for each document by its full name.

OC vs CC: what the builder owes you under RERA

1. Obtain the certificates. Section 11(4)(b) makes the promoter responsible for obtaining the completion certificate, the occupancy certificate, or both, and making them available to allottees individually or to their association.
2. Hand over possession and title. Section 17 requires the promoter to execute a registered conveyance deed in your favour and hand over physical possession, with the common areas going to the association. Where local law sets no period, the conveyance must be done within three months of the OC.
3. Documents after possession. Section 19(5) entitles you to the necessary documents and plans, including those of common areas, after physical possession is handed over.
4. Structural defects. Section 14(3): if a structural defect or poor workmanship is brought to the promoter’s notice within five years of handing over possession, the promoter must rectify it without charge within 30 days.

Your side of the bargain: Section 19(10) asks you to take physical possession within two months of the OC being issued for your unit.

Buying a flat without OC: the risks

Buying a flat without OC means living in a building the authority has not yet cleared for occupation. The practical risks are real:

• The authority may treat occupation as unauthorised and issue notices.
• Property tax and water charges can be higher. In the Samruddhi case, society members were paying higher municipal taxes and water charges because the builder never obtained the OC.
• Banks and later buyers often ask for the OC, so resale and loans become harder.
• If construction deviates from the sanctioned plan, the deviation may never be regularised.

In Parsvnath Developers Ltd. v. Mohit Khirbat (20 February 2026), the Supreme Court called the OC a statutory pre-condition to lawful delivery of possession and rejected an “as is where is” offer made without it. Offering possession late or without an OC was held to be a deficiency in service. The Court directed the developer to obtain the OC and deliver possession, and to keep paying compensation meanwhile.

Builder not giving OC: your remedy

1. Write first. Send an email and a legal notice asking for copies of the occupancy certificate and completion certificate, citing Section 11(4)(b). Keep proof of delivery.
2. Check the RERA portal. Many state portals show uploaded certificates and quarterly updates for registered projects.
3. Use RTI. Ask the development authority or municipal body whether an OC was applied for or issued for the project. See how to file an RTI application.
4. File a RERA complaint under Section 31. Seek directions to obtain the OC and complete conveyance, and, if possession is delayed, refund or delay interest under Section 18. Our RERA complaint guide covers the steps.
5. Or go to the consumer commission. Failure to obtain an OC is a deficiency in service (Samruddhi, 2022) and the Supreme Court treated it as a continuing wrong, so the complaint was not time-barred. Jurisdiction depends on the consideration paid: District up to ₹50 lakh, State above ₹50 lakh to ₹2 crore, National above ₹2 crore.
6. Act together. A residents’ association can file one complaint for common issues.

Example: Vikram and Sneha get a “fit-out possession” letter for their flat in Gurugram, but no OC. They reply in writing that they will take possession once the OC is shown, and refuse to pay possession-linked charges until then. When the builder starts charging maintenance, they file a RERA complaint. The Parsvnath ruling supports their refusal.

Frequently asked questions

What is the difference between occupancy certificate and completion certificate?

The completion certificate confirms the building was constructed as per the sanctioned plan. The occupancy certificate permits people to occupy it, confirming civic services are in place. Both are issued by the local authority, and the builder must obtain them under Section 11(4)(b) of RERA.

Can I refuse possession if the builder has no OC?

Yes. In Parsvnath Developers v. Mohit Khirbat (20 February 2026), the Supreme Court held that a buyer cannot be compelled to accept possession without an OC, and that such an offer is a deficiency in service.

Is buying a flat without OC illegal?

Buying is not a crime, but occupying a building without an OC can breach local building laws and expose you to notices, higher charges and loan and resale problems. Avoid it unless the OC is imminent and the builder’s obligation is in writing.

How long does the builder have to execute the conveyance deed?

As per local law. Where there is none, Section 17 of RERA requires it within three months from the date of the OC.

Quick quiz

Go deeper into the occupancy certificate and completion certificate, conveyance and RERA remedies in the Home Buyer’s Legal Certificate Course (₹399).

Sources

• Real Estate (Regulation and Development) Act, 2016: Sections 2(q), 2(zf), 11(4)(b), 14(3), 17, 18, 19(5), 19(10) and 31
• Parsvnath Developers Ltd. v. Mohit Khirbat, Supreme Court, 20 February 2026
• Samruddhi Co-operative Housing Society Ltd. v. Mumbai Mahalaxmi Construction Pvt. Ltd., Supreme Court, 11 January 2022
• Consumer Protection Act, 2019 and the 2021 pecuniary jurisdiction rules

This page is for education and general information, not legal advice for a specific case. Law as on 29 October 2026.

An NRI selling property in India can sell residential or commercial property to a resident, an NRI or an OCI cardholder, but inherited agricultural land only to a person resident in India. The buyer must deduct tax at source on the payment, with no ₹50 lakh threshold, under section 393(2) of the Income-tax Act, 2025 (the old section 195). Long-term gains on property held over 24 months are taxed at 12.5% plus surcharge and cess. Sale money goes to your NRO account, and up to USD 1 million per financial year can be sent abroad after tax, using Forms 145 and 146 (the old 15CA and 15CB).

NRI selling property in India: who can buy and how they must pay

The foreign exchange rules (Foreign Exchange Management (Non-debt Instruments) Rules, 2019, read with the RBI’s directions) allow an NRI or OCI cardholder to transfer any immovable property to a person resident in India. Property other than agricultural land, plantation property or a farm house can also be transferred to another NRI or OCI. So Gurmeet in Canada, an NRI selling property in India, can sell her inherited farmland in Moga to a resident farmer, but not to her NRI cousin.

The price must come through banking channels into your own account, normally the NRO account. Never accept cash.

TDS on NRI property sale under the Income-tax Act, 2025

The Income-tax Act, 2025 replaced the 1961 Act from 1 April 2026. For a resident seller, the buyer deducts 1% only where the price is ₹50 lakh or more. For a non-resident seller the rule is stricter:

• The buyer must deduct under section 393(2), Table Sl. No. 17 (the old section 195), on the sum chargeable to tax, at the rates in force, plus surcharge and health and education cess. There is no threshold.
• For a long-term gain the base rate is 12.5%. For a short-term gain it is the rate applicable to the NRI’s income, often much higher.
• If the seller does not give a valid PAN, a higher rate applies.
• Buyers unsure of the gain often deduct on the whole price, locking your money until a refund.

The fix: a lower or nil deduction certificate. Apply to the Assessing Officer under section 395 (old section 197) on Form 128 (old Form 13) before the sale, with a chartered accountant’s computation of the gain. With it, the buyer deducts only at the rate the certificate allows.

The 1 October 2026 change. Earlier, every buyer from an NRI needed a Tax Deduction Account Number (TAN). The Finance Act, 2026 amended section 397 so that, from 1 October 2026, a resident individual or HUF buyer can deposit this TDS through a PAN-based challan-cum-statement without a TAN. The duty to deduct remains. For an NRI selling property in India, this removes the main reason buyers hesitate.

Capital gains for NRI sellers

• Long term: land or building held for more than 24 months.
• Long-term rate: 12.5% without indexation, plus surcharge and cess. The option of 20% with indexation for land or buildings bought before 23 July 2024 was given to resident individuals and HUFs, so an NRI seller should assume 12.5% without indexation and confirm with a CA.
• Inherited property: the previous owner’s cost and holding period generally count, so most inherited property gives a long-term gain. Keep the old purchase papers.
• Exemptions: the reinvestment reliefs (the old section 54 for buying or building a residential house in India, capped at ₹10 crore, and the old section 54EC for specified bonds, up to ₹50 lakh within six months) continue in the 2025 Act under new numbers. Ask your CA for the current section.
• Tax treaty: a double taxation agreement may give credit abroad for Indian tax.

Repatriation of sale proceeds: the two routes

1. Property bought with foreign exchange. If you paid by inward remittance or from NRE or FCNR(B) accounts, the bank can allow repatriation of up to the amount originally paid in foreign exchange, for up to two residential properties.
2. The NRO route. Any balance, and proceeds of property bought from rupee funds or inherited, go to your NRO account. Under the RBI’s Master Direction on remittance of assets, you can remit up to USD 1 million per financial year (April to March) after tax. Larger amounts need RBI approval. Use one bank for instalments.

For each remittance, the remitter files Form 145 (which replaced Form 15CA from 1 April 2026), and where the remittance is taxable and above ₹5 lakh, a chartered accountant issues Form 146 (which replaced Form 15CB). Keep the sale deed, TDS certificate and original payment trail ready.

Step-by-step plan for an NRI selling property in India

1. Collect title deed, mutation, tax receipts, society no-dues and encumbrance certificate. See NRI legal checklist for property documents.
2. Get a CA’s capital gains computation and apply on Form 128 if a lower certificate helps.
3. Record the price, TDS and your NRO account in the agreement to sell.
4. Register the sale deed in person or through a narrow specific POA. See NRI power of attorney for property in India.
5. Collect the buyer’s TDS certificate, file your Indian return, claim any refund, then remit with Forms 145 and 146.

Frequently asked questions

How much TDS is deducted when an NRI sells property in India?

On a long-term gain, 12.5% plus surcharge and cess, under section 393(2) of the Income-tax Act, 2025. There is no ₹50 lakh threshold for NRI sellers. A lower deduction certificate under section 395 can reduce it to tax on the actual gain.

Does the buyer need a TAN to buy from an NRI?

Until 30 September 2026, yes. From 1 October 2026, a resident individual or HUF buyer can deposit the TDS through a PAN-based challan without a TAN. The duty to deduct is unchanged.

Can an NRI sell inherited agricultural land?

Yes, but only to a person resident in India. It cannot be sold to another NRI or OCI under the foreign exchange rules.

What replaced Form 15CA and 15CB?

From 1 April 2026, Form 145 replaced Form 15CA and Form 146 replaced Form 15CB under the new Income-tax Rules. They are used when remitting the sale money abroad.

Is an NRI selling property in India allowed to take all the money abroad?

Up to USD 1 million per financial year through the NRO route, after tax. Amounts originally paid in foreign exchange can also be repatriated for up to two residential properties.

Quick quiz

For the full sale and repatriation process, see the NRI Legal Matters certificate course.

Sources

• Income-tax Act, 2025: ss.393(2), 395, 397 (as amended by the Finance Act, 2026)
• Income-tax Rules, 2026: Forms 128, 145, 146
• Foreign Exchange Management (Non-debt Instruments) Rules, 2019
• RBI Master Directions on remittance of assets and on immovable property

This page is for education and general information, not legal advice for a specific case. Law as on 29 October 2026.

With an NRI property illegally occupied, the owner must act fast and through the law, not force. File a police complaint for criminal trespass under Section 329 of the Bharatiya Nyaya Sanhita, 2023, and a civil suit for possession and injunction. If you were dispossessed within the last six months, a quick suit under Section 6 of the Specific Relief Act, 1963 restores possession without proving title. A tenant who will not vacate is evicted through the forum under your state’s rent law, or by a civil suit where that law does not apply.

NRI property illegally occupied: first identify the occupier

• An outsider or encroacher: a neighbour who builds a wall on your plot, or a stranger who breaks in. This is trespass from day one.
• A tenant holding over: the agreement has ended but the tenant stays. The route is termination and eviction.
• A caretaker, servant or relative: someone you allowed to stay. In Maria Margarida Sequeira Fernandes v. Erasmo Jack de Sequeira (2012), the Supreme Court held that a caretaker or servant holds only on the owner’s behalf and acquires no right of possession, however long the stay.

Possession by permission is not “adverse” and cannot ripen into ownership. Under Section 122 of the Bharatiya Sakshya Adhiniyam, 2023 (old Evidence Act s.116), a tenant cannot deny the landlord’s title during the tenancy.

Protect NRI property from encroachment: the police route

1. Gather proof: dated photos and video, occupants’ names, title deed, mutation and tax receipts.
2. Lodge an FIR. Entering or remaining on property with intent to intimidate, insult or annoy the person in possession is criminal trespass under BNS s.329. Under BNSS s.173, information can be given orally or electronically, at any police station (zero FIR). An e-FIR must be signed by the informant within three days. Your POA holder can lodge it. See how to file an FIR, zero FIR and e-FIR.
3. If the station refuses, send the substance in writing to the Superintendent of Police under s.173(4), then apply to the Magistrate under s.175(3) with an affidavit. See police refusing to register an FIR.
4. Forged deeds: add the BNS offences of forgery and cheating to the complaint.
5. Executive Magistrate: where a land dispute threatens the peace, BNSS s.164 lets the Magistrate decide who was in actual possession.

Police often call property matters “civil”. A clear title, a quick complaint and proof of your possession make action far more likely. Some states have special machinery: Punjab, for example, has an NRI Affairs Department and an NRI wing of the state police.

The civil route: getting your property back

• Section 6 suit (recent dispossession): if you were dispossessed without your consent and otherwise than by due process, you can sue within six months to recover possession without proving title. No appeal lies, and it cannot be filed against the Government.
• Section 5 suit (on title): a suit for possession based on ownership, with declaration and permanent injunction. Do not let years pass: limitation for possession based on title is generally 12 years from when the occupier’s possession becomes adverse to you (Limitation Act, Article 65).
• Interim relief: ask for a temporary injunction (CPC Order XXXIX) to stop construction or further sale, and in serious cases a court receiver.
• Mesne profits: claim compensation for every month an NRI property illegally occupied was kept from you.

NRI tenant not vacating: what to do

1. Read the agreement. Note the term, notice clause and rent.
2. Terminate in writing. Where no rent law applies, a monthly tenancy is terminated by 15 days’ notice under Section 106 of the Transfer of Property Act, 1882. Send a lawyer’s notice by registered post and email.
3. Use the correct forum. Many states have rent laws with their own grounds and authorities. In Uttar Pradesh, the Allahabad High Court in Inder Bhushan Sawhney v. Kanchan Kumari Jain (August 2026) struck down key provisions of the 2021 tenancy Act and revived the 1972 Act to that extent, so check the current forum with a local lawyer. See eviction of tenant rules in India.
4. Special NRI route in Punjab. Section 13-B of the East Punjab Urban Rent Restriction Act, 1949, as it applies in Punjab, gives an NRI owner of at least five years a summary eviction route for genuine personal need on return, once, for one building. The Supreme Court upheld it in Ram Krishan Grover v. Union of India (2019). Do not assume your state has a similar provision.
5. Never use self-help. Cutting utilities or changing locks can lead to criminal cases against your family.

NRI property dispute remedy from abroad

Under Order III of the CPC, a POA holder can file and conduct the case. But a POA holder cannot give evidence on matters only you know (Janki Vashdeo Bhojwani v. IndusInd Bank, SC, 2005). Most High Courts have video conferencing rules that allow a witness abroad to depose remotely, and BNSS s.530 allows criminal proceedings, including evidence, in electronic mode. Example: Jaspreet in Melbourne finds her NRI property illegally occupied by a neighbour’s wall on her Ludhiana plot. Her brother, under a specific POA, files a complaint and a suit, gets an interim injunction, and she later deposes by video.

Frequently asked questions

What should I do with my NRI property illegally occupied by someone?

Collect proof of your title and possession, file a police complaint for criminal trespass under BNS s.329, and file a civil suit for possession and injunction. If dispossession happened within six months, use the faster suit under Section 6 of the Specific Relief Act.

Can a tenant or caretaker claim ownership of an NRI’s house after many years?

No. Their possession is by permission, not adverse, and the Supreme Court has held that a caretaker acquires no right to stay. A tenant also cannot deny the landlord’s title during the tenancy.

How do I evict an NRI tenant not vacating?

Terminate the tenancy by written notice, then seek eviction before the authority under your state’s rent law, or by a civil suit where no rent law applies. Never cut utilities or change locks.

Can my relative handle the case while I stay abroad?

Yes. A POA holder can conduct the case under CPC Order III, though you may need to give evidence yourself, often possible by video conference.

Quick quiz

To deal confidently with NRI property illegally occupied, see the NRI Legal Matters certificate course.

Sources

• Bharatiya Nyaya Sanhita, 2023: s.329; Bharatiya Sakshya Adhiniyam, 2023: s.122
• Bharatiya Nagarik Suraksha Sanhita, 2023: ss.164, 173, 175(3), 530
• Specific Relief Act, 1963: ss.5, 6; Limitation Act, 1963: Art. 65
• Transfer of Property Act, 1882: s.106; CPC Orders III and XXXIX
• Maria Margarida Sequeira Fernandes v. Erasmo Jack de Sequeira (SC, 2012); Ram Krishan Grover v. Union of India (SC, 2019); Inder Bhushan Sawhney v. Kanchan Kumari Jain (All HC, 2026)

This page is for education and general information, not legal advice for a specific case. Law as on 29 October 2026.