Category: Know Your Rights

An NRI power of attorney for property in India lets a trusted person in India sign, register, let or sell your property while you live abroad. Sign it before a notary and get it apostilled (in a Hague Apostille Convention country), or sign it at the Indian Embassy or Consulate, as Section 33 of the Registration Act, 1908 requires. Once it reaches India, it must be stamped (adjudicated) within three months of first receipt under the state’s stamp law. Stamp duty and registration rules differ from state to state.

General or specific: choosing an NRI power of attorney for property in India

A general power of attorney (GPA) gives wide powers over many matters or all your property. A specific (special) power of attorney (SPA) is limited to one task, such as selling one flat in Pune or letting one house in Kanpur. For most NRIs the specific one is safer. The label on top does not matter; the list of powers inside does. A “Special Power of Attorney” that allows the attorney to “sell, mortgage, gift or otherwise deal with all my properties” is general in effect.

• Describe the property fully: address, plot or khasra number, area and your title deed’s registration details.
• List only the acts needed, for example to sign and present the sale deed of the named flat.
• Fix a minimum price and require payment only by bank transfer into your named NRO or NRE account.
• Fix an end date, and bar the attorney from appointing a substitute.
• Require copies of every document signed to be emailed to you within a set number of days.

How an NRI can sell property through power of attorney

1. Get the draft checked by a lawyer in the state where the property is. Local practice differs.
2. Sign abroad before the right authority. Section 33(1)(c) of the Registration Act says that where the principal does not reside in India, a POA used for presenting documents for registration must be executed before and authenticated by a Notary Public, a court, judge or magistrate, an Indian Consul or Vice-Consul, or a representative of the Central Government.
3. Apostille or mission. India is a party to the Hague Apostille Convention, as are the USA, UK, Canada and Australia. There, the usual route is notarisation followed by an apostille from the country’s designated authority. Elsewhere, have it attested at the Indian Embassy, High Commission or Consulate. Some offices still prefer consular attestation.
4. Courier the original and keep the receipt. The stamping clock runs from first receipt in India, not from signing.
5. Stamp it within three months. Under Section 18 of the Indian Stamp Act, 1899 (and matching provisions in states with their own stamp Acts), an instrument executed only outside India may be stamped within three months after it is first received in India. The attorney takes it to the Collector of Stamps or the designated office.
6. Register it where required. Several states have amended the Registration Act to make certain POAs relating to sale of immovable property compulsorily registrable.
7. Execute and register the sale deed. The buyer must deduct tax at source because you are a non-resident. See NRI selling property in India: TDS and tax.

Adjudication of POA and stamp duty

Adjudication means the stamp authority examines the document and fixes the duty. Rates vary widely by state. A POA to a close family member to sell property is charged at a low or concessional rate in many states. A POA given for consideration, or to a non-relative with power to sell, can attract duty close to that on a sale deed in some states, because it looks like a disguised transfer. Get the current rate before you sign.

If the three-month deadline is missed, the document can usually be impounded and validated on payment of duty and penalty under the state law. Penalties can be heavy, and a buyer’s lawyer may refuse to proceed until it is regularised. Example: Vandana in Sydney gets her apostilled POA to her brother in Jaipur on 2 March; he has it stamped on 20 March and registers the sale of her flat.

Common mistakes with an NRI power of attorney

• Signing a broad GPA during a short visit. It can be used years later to sell, mortgage or lease.
• Using a GPA instead of a sale deed. In Suraj Lamp and Industries v. State of Haryana (11 October 2011), the Supreme Court held that sales through an agreement to sell, GPA and will do not convey title. Only a registered conveyance does.
• Forgetting that a POA ends on death. Under Section 201 of the Contract Act, it cannot be used after the principal dies. Make a will instead: see how to write a will in India.
• Not revoking properly. Execute a deed of revocation with the same authentication, register it if the POA was registered, and notify the attorney, Sub-Registrar, bank, society and tenant.
• Expecting the attorney to give your evidence. A POA holder can conduct a case under Order III of the CPC, but cannot depose about matters only you know (Janki Vashdeo Bhojwani v. IndusInd Bank, SC, 2005).

Frequently asked questions

How can an NRI give power of attorney for property in India?

Draft a specific POA for the named property, sign it abroad before a notary and get it apostilled, or sign it at the Indian Embassy or Consulate. Courier it to India and have it stamped within three months of first receipt. Register it where the state requires.

Is an apostilled POA valid in India?

Yes. India is a party to the Hague Apostille Convention, so a notarised and apostilled POA from a Convention country meets the authentication requirement. Some Sub-Registrars and banks still ask for consular attestation, so confirm first.

Can a power of attorney holder sell my property after I die?

No. A power of attorney ends on the death of the principal under Section 201 of the Indian Contract Act, 1872. After death, the property passes by will or succession law.

Does an NRI power of attorney for property in India transfer ownership?

No. An NRI power of attorney for property in India only authorises someone to act for you. Ownership passes only by a registered sale deed (Suraj Lamp, 2011).

Quick quiz

To master every step of an NRI power of attorney for property in India, see the NRI Legal Matters certificate course.

Sources

• Registration Act, 1908: ss.17, 18, 33
• Indian Stamp Act, 1899: s.18, and state stamp laws
• Indian Contract Act, 1872: s.201; CPC Order III
• Suraj Lamp and Industries Pvt. Ltd. v. State of Haryana (SC, 2011)
• Janki Vashdeo Bhojwani v. IndusInd Bank Ltd. (SC, 2005)

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

An NRI legal checklist for property in India has four parts: your status and identity papers (passport or OCI card, PAN), the right bank accounts (NRE, NRO, FCNR(B)), a complete property file (registered title deed, encumbrance certificate, mutation, tax receipts), and protection papers (a narrow specific power of attorney, a written rent agreement and an Indian will). NRIs and OCI cardholders may buy any residential or commercial property but not agricultural land, plantation property or a farm house. Review the file once a year.

NRI legal checklist for property in India, part 1: status and identity

• Passport, visa or residence permit, and for foreign citizens of Indian origin, the OCI card. Former PIO cardholders should have moved to OCI, as the PIO scheme was merged into OCI in 2015.
• PAN: essential for buying, selling, receiving rent and filing returns. Keep the PAN linked to the right status with your bank.
• Aadhaar: not a must for most property work, but useful. NRIs with a valid Indian passport can enrol on a visit without the old 182-day wait.
• Proof of overseas address and an email you will keep for years. Notices and court papers go there.
• FEMA status: FEMA residence turns on the 182-day test and the purpose of going abroad. Tax residence is a separate test. Tell your bank in writing whenever your status changes.

Part 2: Bank accounts and the money trail

• NRE: money brought from abroad; freely repatriable.
• NRO: money arising in India, such as rent, pension, sale proceeds and inherited money; repatriable within USD 1 million a year after tax.
• FCNR(B): foreign currency deposits; freely repatriable.

Pay for property only from your own NRE, NRO or FCNR(B) account or by direct inward remittance, and keep every bank advice. That trail decides how much you can repatriate when you sell: amounts paid in foreign exchange can go back for up to two residential properties. See NRI selling property in India: TDS and tax.

Part 3: NRI documents India: the property file

1. Registered sale deed or gift deed in your name, plus the earlier title chain.
2. Encumbrance certificate from the Sub-Registrar, many available online, to catch mortgages or sales you did not approve.
3. Mutation record (dakhil kharij in Uttar Pradesh) and paid-up property tax receipts. Mutation does not create title, but you need it to pay tax and to sell. See property registration and mutation basics.
4. Approved building plan, and for flats the occupancy or completion certificate, society share certificate and no-dues.
5. RERA registration details for any under-construction purchase, and the agreement for sale.
6. Loan papers if the property is mortgaged, and the bank’s closure letter once repaid.
7. Utility bills (electricity, water) in your name.

Store the originals safely in India or abroad, and keep scanned copies in a secure cloud folder that one trusted person can access. Before any purchase, run a full title check: see property title verification checklist.

Part 4: NRI property management papers

• Specific power of attorney for each task (letting, one sale, one case), with a fixed end date, your named bank account and no power to delegate. Signed before a notary with apostille or at the Indian mission, and stamped in India within three months of receipt. See NRI power of attorney for property in India.
• Written rent agreement, stamped as per state law; leases over one year must be registered (Registration Act s.17). Complete tenant police verification where your city requires it.
• Tenant’s tax letter: tell your tenant in writing that rent to a non-resident needs tax deducted at source (now under section 393 of the Income-tax Act, 2025) and ask for the certificates. A lower deduction certificate can reduce the rate.
• Caretaker letter recording that the caretaker stays only on your behalf. It helps if the property is ever occupied. See NRI property illegally occupied.

Part 5: Succession and the yearly review

• An Indian will for Indian assets, signed and attested by two witnesses who are not beneficiaries (Indian Succession Act ss.63, 67). Registration is optional. Coordinate it with any foreign will so one does not revoke the other.
• Nominations on bank, demat and insurance, consistent with the will. Remember a nominee collects but heirs own. See NRI inheriting property in India.
• Yearly review of your NRI legal checklist for property in India: encumbrance certificate, property tax paid, rent credited and TDS reflected in your tax statement, POAs still needed, will still current.
• Indian tax return: file where your Indian income or refunds require it; keep TDS certificates.

Frequently asked questions

What is in an NRI legal checklist for property in India?

Passport or OCI card, PAN, NRE and NRO accounts, the registered title deed and title chain, encumbrance certificate, mutation and tax receipts, a specific POA, a written rent agreement and an Indian will. Review it once a year.

What are OCI property rights in India?

OCI cardholders have the same property rights as NRIs. They can buy residential and commercial property and inherit any property, but cannot buy agricultural land, plantation property or a farm house.

Is mutation proof of ownership?

No. Mutation only updates revenue or municipal records. Ownership comes from a registered deed, inheritance or a court decree.

Which documents does an NRI need to rent out a flat in India?

A written, stamped rent agreement, tenant identity and police verification, an NRO account for rent, and a letter to the tenant about tax deduction. A specific POA helps if a relative manages it.

Quick quiz

For every step in this NRI legal checklist for property in India, see the NRI Legal Matters certificate course.

Sources

• Foreign Exchange Management Act, 1999: s.2(v); FEM (Non-debt Instruments) Rules, 2019
• Citizenship Act, 1955: s.7A
• Registration Act, 1908: ss.17, 49; Indian Succession Act, 1925: ss.63, 67
• Income-tax Act, 2025: s.393; Income-tax Rules, 2026: Forms 145, 146
• RBI Master Direction on remittance of assets

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

An NRI inheriting property in India takes exactly the same share as a resident heir: the deceased person’s personal law or will decides who inherits, not the heir’s passport or country. Under the foreign exchange rules, an NRI or OCI cardholder may inherit any immovable property, including agricultural land, without RBI permission. Inherited farmland can later be sold or gifted only to a person resident in India. Sale money goes to the NRO account and up to USD 1 million per financial year can be remitted abroad after tax.

Can an NRI inherit property in India?

Yes. Indian succession law does not distinguish between a son in Patna and a son in Philadelphia. If Rakesh of Varanasi dies without a will leaving his wife, his NRI son in Canada, his OCI daughter in the UK and his mother, each takes one-fourth of his self-acquired flat as a Class I heir under Section 8 of the Hindu Succession Act. A daughter is also a coparcener by birth in joint family property under Section 6 as amended in 2005 (Vineeta Sharma v. Rakesh Sharma, SC, 2020), whether married or living abroad. See who inherits property without a will.

On the foreign exchange side, the rules permit an NRI or OCI to acquire immovable property by inheritance from a person resident in India, or from a person resident outside India who had acquired it in line with the foreign exchange law of the time. This covers agricultural land, plantation property and farm houses too, which NRIs cannot buy. A foreign citizen without an OCI card is outside these NRI and OCI permissions and should take specific advice.

Agricultural land inheritance by NRI

• Holding it: allowed. The family farm in Moga can stay in your name.
• Selling or gifting it: only to a person resident in India. Not to another NRI or OCI.
• State land laws on ceiling and on who may buy farmland still apply to your buyer, and mutation in the revenue records is essential.

NRI inheriting property in India: papers an NRI legal heir needs

Different assets need different documents. Not every family needs every certificate.

1. Death certificate: get several certified copies from the local registrar.
2. Legal heir certificate or family register extract: issued by the tehsil or municipal body as per state practice, used for pensions, utilities, smaller bank claims and mutation. An NRI heir can often send a consent affidavit from abroad. See legal heir certificate in Uttar Pradesh.
3. Succession certificate: granted by the civil court under Section 372 of the Indian Succession Act, 1925 to collect debts and securities, such as fixed deposits and shares, where there is no nominee or the institution insists. It is not usually needed for land or a house. See succession certificate procedure.
4. Probate of a will: the Repealing and Amending Act, 2025 omitted Section 213 of the Indian Succession Act, so probate is no longer a precondition to establishing rights under a will in court. Probate is still available and binds everyone, which is useful where a challenge is likely. Some banks and societies may still ask for it.
5. Mutation: apply to the revenue office or municipal body with the death certificate and heirship proof or will. Mutation does not create title, but you need it to pay tax and to sell.

Nominees are not owners. A bank or demat nominee receives the money but holds it for the legal heirs (Shakti Yezdani v. Jayanand Jayant Salgaonkar, SC, 2023). See bank nomination vs legal heir.

Dividing, giving up or selling your share from abroad

• Family settlement or partition deed: heirs agree who takes what, registered where the document transfers or declares rights in immovable property.
• Release (relinquishment) deed: an NRI heir who does not want a share can release it in favour of a sibling by a registered deed. It can be signed abroad before a notary with apostille or at the Indian mission, then stamped and registered in India.
• Sale by all heirs: every co-owner signs the sale deed personally or through a specific power of attorney. See NRI power of attorney for property in India.

Tax and taking the money abroad

For an NRI inheriting property in India, there is no inheritance or estate tax, and property received by inheritance is not taxed as the heir’s income. Tax comes later:

• Rent from the inherited house is your Indian income; the tenant must deduct tax at source before paying a non-resident.
• On sale, the previous owner’s cost and holding period generally count, so the gain is usually long term (12.5% plus surcharge and cess for NRIs). The buyer deducts TDS under section 393(2) of the Income-tax Act, 2025. See NRI selling property in India.
• Remittance: sale proceeds of inherited assets go to the NRO account. Under the RBI’s Master Direction on remittance of assets, you can remit up to USD 1 million per financial year, with documents proving the inheritance and tax paid. Your CA prepares Form 146 where required and you file Form 145 (these replaced Forms 15CB and 15CA from 1 April 2026).

Frequently asked questions

Can an NRI inherit property in India?

Yes. An NRI or OCI cardholder can inherit any immovable property in India, including agricultural land, without RBI permission. The share is decided by the will or the deceased’s personal law, exactly as for a resident heir.

Does an NRI need a succession certificate to inherit a house?

Usually not. A succession certificate is for debts and securities such as bank deposits and shares. For a house, heirs normally need the death certificate, heirship proof or will, and mutation.

Can an NRI sell inherited agricultural land?

Yes, but only to a person resident in India. NRIs and OCIs cannot sell or gift agricultural land to another NRI or OCI.

Is there tax on an NRI inheriting property in India?

No. India has no inheritance tax. Tax arises only on rent or when the property is sold, with the previous owner’s cost and holding period generally counted.

Quick quiz

For the full process of an NRI inheriting property in India, see the NRI Legal Matters certificate course.

Sources

• Foreign Exchange Management (Non-debt Instruments) Rules, 2019; RBI Master Direction on remittance of assets
• Hindu Succession Act, 1956: ss.6, 8
• Indian Succession Act, 1925: s.372; s.213 (omitted by the Repealing and Amending Act, 2025)
• Vineeta Sharma v. Rakesh Sharma (SC, 2020); Shakti Yezdani v. Jayanand Jayant Salgaonkar (SC, 2023)
• Income-tax Act, 2025: s.393(2); Income-tax Rules, 2026: Forms 145, 146

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

Income tax and GST for influencers in India work like any other business: brand fees, platform ad revenue, affiliate commission and the value of free products you keep are taxable income under the Income-tax Act, 2025, in force from 1 April 2026. Brands deduct TDS of 10% on benefits or perquisites above ₹20,000 a year under section 393(1) (the old section 194R). GST registration becomes compulsory once your aggregate turnover crosses ₹20 lakh in a financial year (₹10 lakh in some special category states), and income from foreign platforms counts towards that limit.

Influencer tax India: what counts as income

• Brand fees for reels, integrations and stories.
• Platform revenue: ad revenue share, memberships, super chats and bonuses.
• Affiliate commission and referral income.
• Barter and free products: the value of a benefit arising from your business is taxable, even if no money changes hands. A phone or a hotel stay you keep is income.
• Courses, e-books, merchandise and events.

The 2025 Act uses a single “tax year” in place of the old previous year and assessment year. Keep a simple ledger of every receipt and every expense: camera, lights, editing software, editor fees, internet, travel for shoots and studio rent are deductible business expenses if you keep books.

TDS 194R on free products: the new section

Since 1 July 2022, section 194R of the 1961 Act required a business that gives a benefit or perquisite to a resident, in the course of business or profession, to deduct 10% TDS where the total value exceeds ₹20,000 in a financial year. From 1 April 2026, the same duty sits in section 393(1), Table Sl. No. 8(iv) of the Income-tax Act, 2025. Practical points for creators:

• CBDT Circular 12 of 2022 clarified that a product given to a social media influencer to make content and returned afterwards is not a benefit. A product the influencer keeps is.
• Because the benefit is in kind, the brand often pays the tax itself or asks you to. Agree this in the contract.
• Brands and agencies also deduct TDS on cash fees for professional or contract work, now under the consolidated section 393. Check every deduction in your annual information statement and claim credit in your return.

Example: a skincare brand sends Riya in Indore products worth ₹35,000 in a year, which she keeps, and pays her ₹2 lakh in fees. The brand deducts 10% on the ₹35,000 benefit and TDS on the fees. Riya shows both as income and claims the TDS.

How income tax and GST for influencers is calculated

Choose how to compute income. With regular books, you are taxed on profit after expenses. Small businesses and professionals may opt for the presumptive scheme in section 58 of the 2025 Act (the old 44AD and 44ADA), declaring a fixed percentage of receipts as income. Whether a creator fits the business scheme or the professional one depends on the work and turnover; ask a chartered accountant before you choose.

Choose a regime. Under the new regime for FY 2026-27 (unchanged by Budget 2026): nil up to ₹4 lakh; 5% from ₹4 to 8 lakh; 10% from ₹8 to 12 lakh; 15% from ₹12 to 16 lakh; 20% from ₹16 to 20 lakh; 25% from ₹20 to 24 lakh; 30% above ₹24 lakh, plus cess. A rebate makes tax nil for resident individuals with normal-rate income up to ₹12 lakh. The old regime, with its deductions, remains available on conditions.

Pay advance tax if your tax for the year is ₹10,000 or more, in instalments by 15 June, 15 September, 15 December and 15 March. Under the presumptive scheme, the whole amount can be paid by 15 March. Missing instalments costs interest.

GST registration for YouTubers and influencers

1. Check aggregate turnover. It includes all your taxable supplies across India, including exports and exempt supplies. Once it crosses ₹20 lakh in a financial year (₹10 lakh in specified special category states), registration is compulsory. Voluntary registration is allowed earlier, and some brands prefer registered creators.
2. Register on gst.gov.in with PAN, Aadhaar authentication, address proof and bank details. See GST registration for small business.
3. Charge GST on invoices to Indian brands, normally 18%. Barter deals are also supplies, valued at the open market value.
4. Exports: services to a recipient outside India, with place of supply outside India and payment in convertible foreign exchange, qualify as export of services under section 2(6) of the IGST Act and are zero-rated under section 16. File a Letter of Undertaking to export without paying IGST. Whether payouts from a particular foreign platform meet every condition is a fact question; get your CA’s view.
5. File returns on time (GSTR-1 and GSTR-3B under the regular scheme) and match them to your bank credits.

A creator business can also register on the Udyam portal as a micro enterprise. See Udyam MSME registration benefits.

Common mistakes in income tax and GST for influencers

• Treating free products as “gifts”. Benefits from your business are income.
• Ignoring foreign platform income when checking the GST threshold.
• Not reconciling TDS: brands deduct, but credit is lost if you do not file.
• Signing brand contracts silent on GST and on who bears tax on barter benefits.
• Mixing personal and business money in one account.

Frequently asked questions

Do influencers have to pay tax on free products?

Yes, if you keep them. A benefit arising from your business is taxable, and the brand must deduct 10% TDS where benefits exceed ₹20,000 in a year under section 393(1) of the Income-tax Act, 2025. Products returned after the shoot are not covered.

What is the new section for 194R?

From 1 April 2026, the old section 194R is section 393(1), Table Sl. No. 8(iv) of the Income-tax Act, 2025. The 10% rate and the ₹20,000 yearly threshold continue.

When does a YouTuber need GST registration?

When aggregate turnover crosses ₹20 lakh in a financial year, or ₹10 lakh in specified special category states. Exports count towards the limit even though they are zero-rated.

Is income tax and GST for influencers different from other businesses?

No. The same rules apply. What is special is barter income, TDS on benefits under section 393(1), and income from foreign platforms.

Quick quiz

Beyond income tax and GST for influencers, for contracts and disclosures see the Law for Content Creators and Influencers certificate course.

Sources

• Income-tax Act, 2025: ss.58, 393(1)
• CBDT Circular No. 12 of 2022 (guidelines on old s.194R)
• Central Goods and Services Tax Act, 2017: s.22 (registration); IGST Act, 2017: ss.2(6), 16
• Finance Act, 2026 (rates for FY 2026-27)

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

The ASCI influencer guidelines require you to disclose every “material connection” with a brand (payment, free products, trips, discounts, or a family or employment link) using one of seven labels: #Advertisement, #Ad, #Sponsored, #Collaboration, #Partnership, #Employee or #Free gift. The label must be upfront, not buried in hashtags. Separately, the government’s “Endorsement Know-hows!” (20 January 2023) and Section 21 of the Consumer Protection Act, 2019 let the CCPA penalise an endorser of a misleading ad up to ₹10 lakh, and ₹50 lakh for repeat contraventions.

When the ASCI influencer guidelines require disclosure

You must disclose whenever there is a material connection between you and the brand. Money is only one form. It includes affiliate commission, free products (even unsolicited ones), discounts, hotel stays and trips, event invitations, media barters and awards, and family, personal or employment relationships. Saying “this review is unbiased” does not remove the need. You do not need a label only when you bought the product yourself and have no link with the brand.

ASCI (the Advertising Standards Council of India) is the industry’s self-regulatory body, not a court. But brands and platforms follow its code, its decisions are published, and the government’s rules follow the same approach.

#ad rules India: where and how long to show the label

• Posts with captions: the label must be upfront, visible without clicking “more”, and not lost among hashtags.
• Pictures or stories without text: superimpose the label on the image.
• Videos with a caption: put the label in the caption, hard to miss.
• Videos without a caption: 3 seconds minimum for 15 seconds or less; one-third of the length for over 15 seconds and under 2 minutes; the whole brand segment for 2 minutes or more.
• Live streams: at the beginning and the end. Audio and podcasts: clearly at the start and the end.
• Language: English or the language of the post. Platform tools like “Paid partnership” are in addition to your own label.

Labels that fail: #sp, #spon, #collab, #thanks, #gifted, #partner. Example: Aditi, a Kochi beauty creator, posted a free serum kit with #gifted at the end of a long caption. It was flagged. She edited it to begin with “#Free gift” and added an on-screen label.

CCPA endorsement guidelines for influencers

The Consumer Protection Act, 2019 is law, and the Central Consumer Protection Authority (CCPA) enforces it. Two documents matter:

1. Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022 (notified 9 June 2022): endorsements must reflect the endorser’s genuine, reasonably current opinion based on adequate information or experience; material connections must be disclosed; endorsers must do due diligence.
2. “Endorsement Know-hows!” (Department of Consumer Affairs, 20 January 2023) for celebrities, influencers and virtual influencers: disclose prominently using simple terms such as “advertisement”, “sponsored” or “paid promotion”; put it in the endorsement itself, superimposed on pictures; in videos, in both audio and visual form, not just in the description; in live streams, continuously and prominently; and do not endorse a product you have not personally used or experienced.

Penalties under Section 21: the CCPA can order an ad to be discontinued or modified, impose a penalty on a manufacturer or endorser up to ₹10 lakh (up to ₹50 lakh for every subsequent contravention), and bar an endorser from endorsing for up to one year (up to three years for subsequent contraventions). Under Section 21(5), an endorser who exercised due diligence to verify the claims is not liable to these penalties. Keep the brand’s written substantiation for every claim in your script.

Finance, health and gaming: extra rules

• Health and finance qualifications (ASCI, 28 April 2025 update): influencers in banking, financial services, insurance, and health and nutrition must hold and disclose relevant qualifications when they give technical information or advice. Generic promotions and public service messages are exempt.
• SEBI: stock tips and investment advice need SEBI registration. From 29 August 2024, SEBI-registered entities cannot associate with unregistered persons giving securities advice or claiming returns. Registered advisers should display their registration number.
• Online money games: the Promotion and Regulation of Online Gaming Act, 2025, in force with its Rules from 1 May 2026, bans advertisements promoting online money games. No sponsored betting, fantasy cash or casino content.
• Virtual influencers must tell consumers they are not interacting with a real human being, and no influencer should use filters that exaggerate a product’s effect.

Influencer ad disclosure India: a pre-post checklist

1. Is there any material connection? If yes, pick one of the seven ASCI labels.
2. Is the label in the first line or on screen for the required time, in audio and visual for videos?
3. Have you used the product yourself?
4. Has the brand given written proof for every claim (“clinically proven”, “No. 1”)?
5. Is the product legally sold and advertised (food, cosmetic, drug, financial licences)?
6. Does the contract ask you to hide the ad? Refuse, and put compliance and an indemnity in the contract.

Frequently asked questions

What are the ASCI influencer guidelines in simple words?

If a brand gives you money, free products, trips or any other benefit, or you have a personal link with it, label the post with #Advertisement, #Ad, #Sponsored, #Collaboration, #Partnership, #Employee or #Free gift. The label must be upfront and, in videos, on screen for the required time.

Is #gifted or #collab enough for a free product?

No. ASCI permits only its seven listed labels. For a free product use “#Free gift”, placed upfront.

Can the government fine an influencer for a misleading ad?

Yes. Under Section 21 of the Consumer Protection Act, 2019, the CCPA can fine an endorser up to ₹10 lakh, or up to ₹50 lakh for repeat contraventions, and bar them from endorsing for up to one or three years. Due diligence on the claims is a defence.

Do I need a disclosure if I bought the product myself?

No, if you paid for it and have no connection with the brand. Any payment, gift, discount or relationship creates a material connection that must be disclosed.

Quick quiz

To apply the ASCI influencer guidelines to every deal, see the Law for Content Creators and Influencers certificate course.

Sources

• ASCI Guidelines for Influencer Advertising in Digital Media (2021, as updated, including 28 April 2025)
• Consumer Protection Act, 2019: s.21
• CCPA Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022
• Department of Consumer Affairs, “Endorsement Know-hows!” (20 January 2023)
• Promotion and Regulation of Online Gaming Act, 2025 and Rules, 2026

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

Home loan legal documents fall into two sets: the property papers the bank checks before lending (title deeds, encumbrance certificate, approved plan, occupancy certificate or builder papers), and the loan papers you sign (sanction letter, Key Facts Statement, loan agreement and mortgage documents). The bank’s lawyer prepares a legal scrutiny report on title, but that report protects the bank, not you. After you repay, RBI rules require the lender to return your original property documents within 30 days, or pay ₹5,000 for each day of delay.

Home loan legal documents: what the bank asks for

Banks split the documents for a home loan into your papers and the property’s papers. The home loan legal documents for the property matter most, because that is where title problems hide.

• Your papers: identity and address proof, PAN, income proof (salary slips and Form 16, or ITRs and business accounts), bank statements, and proof of own contribution paid to the seller or builder.
• Resale property: seller’s registered title deed, earlier deeds in the chain, encumbrance certificate, latest property tax receipt, mutation record, sanctioned building plan, occupancy certificate for a building, and society NOC where needed.
• New builder flat: allotment letter, registered agreement for sale, builder’s title documents for the land, approved plan, RERA registration, and a tripartite agreement between you, the builder and the bank. Under RERA s.13, the builder cannot take more than 10% of the cost as advance without a registered agreement for sale.

Legal verification by bank: what it checks and what it does not

Before sanction, the bank sends the property papers to its empanelled advocate, who writes a legal scrutiny or title report, and to a valuer, who reports on value and construction. The lawyer checks that the seller has marketable title, that there is no registered charge, and that the bank can create a valid mortgage.

Two cautions. First, the report is addressed to the bank and you usually do not get a copy unless you ask. Ask for it. Second, the bank checks whether the property is good security, not whether details such as parking, carpet area or possession date suit you. Do your own property title verification before buying and do not treat loan approval as a clean chit.

Home loan agreement clauses to check before signing

1. Interest rate and benchmark. Note whether the rate is fixed or floating, which external benchmark it is linked to, the spread, and when it resets.
2. Annual percentage rate and charges. The KFS must show the all-in cost, including processing fees and other charges. A charge not in the KFS should not be levied without your explicit consent.
3. Rate reset. Under RBI’s 2023 instructions on floating-rate EMI loans, the lender must tell you how a rate change affects your EMI or tenure, and give you options such as raising the EMI, extending tenure or switching to a fixed rate as per its policy.
4. Prepayment and foreclosure. For a floating-rate home loan taken as an individual, prepayment charges are not allowed. For fixed-rate loans, check the stated charge.
5. Disbursement for under-construction flats. Payments should be linked to construction stages. Read what the tripartite agreement says if the builder delays.
6. Insurance and add-ons. Check whether property or life cover is being added to the loan amount, its premium, and whether you can choose your own insurer.
7. Default. Note what counts as default and the penal charges.
8. Document custody. The agreement or sanction letter should say which branch holds your original deeds and where you will collect them.

Example: Priya in Indore signs a floating-rate home loan. Two years later she pays off ₹5 lakh from a bonus. The branch tries to deduct a 2% “part-payment fee”. She points to the RBI bar on prepayment charges for individual floating-rate loans, writes to the bank’s grievance cell, and after 30 days without a satisfactory reply, files with the RBI Ombudsman. The fee is reversed.

When the loan closes: getting your papers back

Under RBI’s instructions on release of property documents, effective 1 December 2023, the lender must release all original movable and immovable property documents and remove any charge registered with a registry within 30 days of full repayment or settlement. If the lender delays for reasons attributable to it, it must pay you ₹5,000 for each day of delay. If the documents are lost or damaged, the lender must help you obtain duplicate or certified copies and bear the cost.

1. Get a written no-dues or loan closure certificate.
2. Collect every original and tick them off the deposit list.
3. Check that the charge is cleared from CERSAI and any registry where it was recorded.
4. If the bank delays, complain in writing, then go to the RBI Ombudsman. See RBI Ombudsman complaint under RB-IOS 2026.

Frequently asked questions

What are the home loan legal documents a bank checks?

For a resale property: the seller’s title deed and earlier deeds, encumbrance certificate, tax receipts, mutation, approved plan and occupancy certificate. For a new flat: allotment letter, registered agreement for sale, RERA registration, the builder’s title and approvals, and a tripartite agreement. The bank’s lawyer reviews these in a legal scrutiny report.

Can the bank charge a penalty if I prepay my home loan?

Not on a floating-rate home loan taken by an individual for non-business purposes. RBI does not allow prepayment charges on such loans. Fixed-rate loans may carry a disclosed charge.

How long can the bank keep my property papers after I close the loan?

Thirty days from full repayment. After that, if the delay is the lender’s fault, it must pay ₹5,000 per day of delay under RBI’s 2023 instructions.

Is the bank’s legal report enough to prove clear title?

No. It is written for the bank’s security. Get your own title check and ask the bank for a copy of its report.

Quick quiz

Learn to read home loan legal documents, title and RERA papers together in the Home Buyer’s Legal Certificate Course (₹399), a certificate of completion for home buyers, not a professional qualification.

Sources

• Transfer of Property Act, 1882: Section 58(f)
• Real Estate (Regulation and Development) Act, 2016: Section 13
• SARFAESI Act, 2002: Sections 13(2) and 13(4)
• RBI circular on Key Facts Statement for loans and advances, 15 April 2024 (effective 1 October 2024)
• RBI instructions on release of movable and immovable property documents on repayment or settlement of loans, 13 September 2023 (effective 1 December 2023)
• RBI instructions on reset of floating interest rate on EMI-based loans, 2023
• RBI (Pre-payment Charges on Loans) Directions, 2025
• Reserve Bank Integrated Ombudsman Scheme, 2026

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

GST registration for small business becomes compulsory when aggregate turnover in a financial year crosses ₹40 lakh for suppliers of goods (in most states) or ₹20 lakh for service providers, with lower limits of ₹20 lakh and ₹10 lakh in special category states. Some sellers must register whatever their turnover, for example those making inter-state supplies of goods. Small businesses with turnover up to ₹1.5 crore (₹50 lakh for services) can choose the composition scheme and pay a flat 1%, 5% or 6%.

GST threshold limit: when registration becomes compulsory

Section 22 of the Central Goods and Services Tax Act, 2017 requires registration once your “aggregate turnover” in a financial year crosses the threshold. Aggregate turnover is counted on your PAN across India: taxable sales, exempt sales, exports and inter-state supplies, but not the GST itself.

• Goods only: ₹40 lakh in most states, under the option the GST Council gave states from 1 April 2019. Some states, mainly special category states, kept ₹20 lakh. Sellers of certain goods, such as ice cream, pan masala and tobacco products, do not get the higher limit.
• Services, or goods and services together: ₹20 lakh, and ₹10 lakh in special category states.

These limits have not changed in 2026. Check your own state’s limit on gst.gov.in before deciding.

Must register anyway. Section 24 lists persons who must register even below the threshold, including those making inter-state taxable supplies of goods, persons liable to pay tax under reverse charge, casual taxable persons and e-commerce operators. Since 1 October 2023, small suppliers of goods selling only within their own state through an e-commerce platform have a conditional exemption. These rules are technical, so confirm with a GST practitioner.

GST for shopkeepers: the rate changes of September 2025

On 22 September 2025, GST rates were rationalised. The old 5%, 12%, 18% and 28% structure moved to two main rates: 5% for essential and common items and 18% as the standard rate, with a special 40% rate for a few luxury and demerit goods. Rates changed on hundreds of items.

For a shopkeeper, this means three things. Check the current rate for every product you sell; do not rely on an old price list. Update your billing software’s tax codes. And remember that composition taxpayers do not charge GST to customers at all, so for them the change matters mainly through their purchase costs.

The composition scheme: is it right for you?

Section 10 of the CGST Act lets small businesses pay tax at a flat rate on turnover instead of the normal rate on each sale.

• Who can opt: manufacturers, traders and restaurants (not serving alcohol) with turnover up to ₹1.5 crore in the previous year (₹75 lakh in certain special category states), and service providers or mixed suppliers up to ₹50 lakh under s.10(2A).
• Rates: 1% of turnover for manufacturers and traders, 5% for restaurants, 6% for service providers and mixed suppliers (each split equally between CGST and SGST).
• Restrictions: you cannot make inter-state outward supplies, cannot collect tax from customers, cannot claim input tax credit, and must issue a bill of supply instead of a tax invoice. Manufacturers of ice cream, pan masala and tobacco products cannot opt.
• Returns: a quarterly statement-cum-challan (CMP-08) and an annual return (GSTR-4), instead of monthly returns.

Composition suits a kirana store or small restaurant selling to consumers. It suits a supplier to other businesses badly, because those buyers cannot claim input credit on your bills.

How to get GST registration online: step by step

1. Keep ready: PAN, Aadhaar, photograph, mobile and email, proof of business address (electricity bill plus rent agreement or ownership document), bank account details, and partnership deed or incorporation papers if relevant.
2. Apply on gst.gov.in in Form GST REG-01. Opt for Aadhaar authentication; it usually speeds up approval.
3. Simplified registration: from 1 November 2025, applicants who self-assess that their output tax will not exceed ₹2.5 lakh a month, or who are identified as low-risk by the system, can get registration within three working days.
4. Reply to any query raised by the officer within the time given on the portal.
5. Display your GSTIN certificate at the place of business and print the GSTIN on invoices and signboards.

The government charges no fee for GST registration. Fees you see online are for agents’ services.

Real-life example

Ramesh runs a hardware shop in Indore with turnover of about ₹32 lakh, all within Madhya Pradesh. His turnover is below the ₹40 lakh goods limit, so registration is not compulsory. But two contractors who buy from him want GST invoices for input credit. He registers voluntarily under the normal scheme, not composition, because composition would stop his buyers from claiming credit. His neighbour Sunita, who runs a small tea stall and sweet shop selling only to walk-in customers, stays below the limit and needs no GST registration at all.

Frequently asked questions

What is the GST registration limit for small business in 2026?

For suppliers of goods it is ₹40 lakh of aggregate turnover in most states, and ₹20 lakh for service providers. Special category states have lower limits. The Government confirmed in February 2026 that no revision has been recommended.

Is GST registration compulsory for selling on Amazon or Flipkart?

Not always. Since 1 October 2023, small sellers of goods supplying only within their own state through e-commerce operators have a conditional exemption. Inter-state online sales still require registration, so check before you list.

Can a composition dealer sell to other states?

No. A composition taxpayer cannot make inter-state outward supplies. If you plan to sell outside your state, the normal scheme is required.

Is there a penalty for not taking GST registration?

Yes. A business liable to register that does not do so can face tax, interest and penalty under the CGST Act. Register within 30 days of becoming liable.

Quick quiz

Starting or growing a shop? Law for Shopkeepers and Small Businesses covers GST basics with every other registration. The Business Compliance Pack, ₹799 adds ready formats. The certificate is a Lexfolio certificate of completion, not a professional qualification.

Sources

• Central Goods and Services Tax Act, 2017, ss.9, 10, 22, 24 and 25
• Central Goods and Services Tax Rules, 2017, rule 7 (composition rates) and the simplified registration scheme from 1 November 2025
• GST Council, 32nd meeting (January 2019) on thresholds; 56th meeting (September 2025) on rate rationalisation effective 22 September 2025
• Notification No. 34/2023-Central Tax (e-commerce exemption, from 1 October 2023)
• Lok Sabha Unstarred Question No. 1484, answered 9 February 2026

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

Gift deed vs will comes down to timing and control. A gift deed transfers the property now, must be registered with stamp duty paid, and generally cannot be cancelled once the child accepts it (Transfer of Property Act, 1882, ss.122, 123 and 126). A will transfers nothing until the parent dies, can be changed any number of times, and needs no registration. A senior citizen’s gift made on the condition of care can be declared void under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 if the child stops caring, and the Supreme Court read that power liberally in Urmila Dixit (2 January 2025).

Gift deed vs will: which is better for parents?

Rule of thumb: if you want to keep living in the house, keep control, and leave the property to children after you, a will is usually safer. If the transfer must happen now, say to settle shares among children while you are alive, a gift deed works, but you give up ownership the day it is registered.

In the gift deed vs will choice, families most often regret a gift signed in a moment of affection: afterwards, the parent’s protection depends on the deed’s wording and on Section 23.

Example: Mr and Mrs Verma, 70 and 66, live in their own house in Gomti Nagar, Lucknow. Their son wants the house in his name “to avoid problems later”. They choose a registered will leaving him the house instead. They keep ownership, and can change the will if things change.

Can a gift deed be cancelled?

Usually not by the parent alone. Section 126 of the Transfer of Property Act allows a gift to be suspended or revoked only in these cases:

• Agreed event. Donor and donee agreed that the gift will be revoked on a specified event that does not depend on the donor’s will. A clause allowing revocation at the donor’s “mere will” is void.
• Grounds like a contract. Where, if it were a contract, it could be rescinded, such as fraud, coercion, undue influence or misrepresentation. This needs a civil suit, usually within three years of learning the facts (Limitation Act, Article 59).

A one-sided “cancellation deed” registered by the parent does not by itself undo a completed gift. The route is the civil court, or for a senior citizen, the Maintenance Tribunal under Section 23.

Also: a gift must be accepted during the donor’s lifetime (s.122), and a gift of future property is void (s.124).

Senior citizen property transfer: Section 23 explained

Section 23(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 applies where a senior citizen (60 or above) transfers property by gift or otherwise, subject to the condition that the transferee will provide basic amenities and physical needs, and the transferee refuses or fails to do so. The transfer is then deemed to have been made by fraud, coercion or undue influence, and the Maintenance Tribunal can declare it void at the senior citizen’s option.

• Two conditions. In Sudesh Chhikara v. Ramti Devi (2022), the Supreme Court said both must be shown: the transfer was subject to a condition of care, and the transferee failed to honour it.
• Read liberally. In Urmila Dixit v. Sunil Sharan Dixit (2 January 2025), a mother gifted her house to her son, and on the same day he signed an undertaking to look after her. When he did not, the Supreme Court restored the Tribunal’s order declaring the gift void. Calling the Act beneficial legislation, it rejected a strict reading of Section 23 and held that Tribunals can order restoration of possession, and eviction where needed to protect a senior citizen.

The lesson: if you do sign a gift deed, write the condition of care into the deed itself, in plain terms (residence, food, medical care). You can also reserve a right of residence for life. In Renikuntla Rajamma v. K. Sarwanamma (2014), the Supreme Court held that reserving the right to use the property during the donor’s lifetime does not make a gift invalid. See also our senior citizens’ maintenance guide.

Common mistakes

• Signing a gift deed with no written condition of care, then relying on Section 23. Without the condition, the claim is much weaker.
• Gifting the only house and keeping no right of residence.
• Writing a will without two proper attesting witnesses.
• Assuming a nomination overrides a will. A nominee generally holds for the legal heirs. See bank nomination vs legal heir.

Frequently asked questions

Which is better, gift deed or will, for transferring a house to children?

A will is usually better if parents want to keep ownership and control during their lifetime, because it takes effect only on death and can be changed. A gift deed suits a transfer that must happen now, but the parent loses ownership on registration. If a gift is made, write the condition of care into the deed.

Can parents cancel a gift deed if the son does not take care of them?

Yes, if the gift was made subject to a condition of care and the son failed to provide it. The parent, if 60 or above, can apply to the Maintenance Tribunal under Section 23 of the 2007 Act to have it declared void, as the Supreme Court upheld in Urmila Dixit (2025).

Is registration compulsory for a gift deed and a will?

A gift deed of immovable property must be registered (TPA s.123; Registration Act s.17). A will need not be registered, though registration helps prove it later.

What is the gift deed vs will cost difference?

A gift deed attracts stamp duty and registration fee as fixed by each state; Uttar Pradesh charges a flat ₹5,000 stamp duty for gifts to listed family members. A will needs no stamp duty, and registration is optional.

Quick quiz

Settle the gift deed vs will question for your family in Senior Citizens’ Rights and Estate Planning (₹349), and if you choose a will, start with the Will and Succession Kit (₹249).

Sources

• Transfer of Property Act, 1882: Sections 122 to 126
• Registration Act, 1908: Sections 17 and 18
• Indian Succession Act, 1925: Sections 62 and 63
• Maintenance and Welfare of Parents and Senior Citizens Act, 2007: Section 23
• Limitation Act, 1963: Schedule, Article 59
• Urmila Dixit v. Sunil Sharan Dixit, Supreme Court, 2 January 2025
• Sudesh Chhikara v. Ramti Devi, Supreme Court, 2022
• Renikuntla Rajamma v. K. Sarwanamma, Supreme Court, 2014

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

FSSAI registration for small food business is compulsory for every food business operator, including home bakers, tiffin services and cloud kitchens. From 1 April 2026, basic FSSAI registration covers annual turnover up to ₹1.5 crore (up from ₹12 lakh), a State licence covers turnover above ₹1.5 crore up to ₹50 crore, and a Central licence is needed above ₹50 crore. New registrations and licences issued from 1 April 2026 do not expire, and you apply online on the FoSCoS portal (foscos.fssai.gov.in).

Who needs FSSAI registration

Section 31 of the Food Safety and Standards Act, 2006 says no one shall start or carry on a food business except under a licence, while petty food businesses (small manufacturers, retailers, hawkers, temporary stall holders and similar small operators) register instead. In practice, “food business” is wide. It covers anyone who makes, processes, packs, stores, transports, sells or serves food, whether from a shop, a cart, a kitchen at home or an Instagram page.

• Home bakers and cake sellers, pickle and papad makers.
• Tiffin and dabba services, cloud kitchens, small cafes and dhabas.
• Sweet shops, kirana stores selling packaged food, fruit and vegetable sellers with fixed premises.
• Online sellers on food delivery apps, which generally insist on a valid FSSAI number before listing.

Street vendors: under the 2026 amendment, vendors registered under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 are deemed to be registered under the FSS Act. They no longer need a second registration, but must still follow the hygiene requirements.

FSSAI turnover limits after the 2026 amendment

The Food Safety and Standards (Licensing and Registration of Food Businesses) Amendment Regulations, 2026 were notified on 10 March 2026, and an FSSAI order of 13 March 2026 revised the turnover thresholds. The new limits apply from 1 April 2026 to applications made on or after that date.

• FSSAI basic registration: annual turnover up to ₹1.5 crore. The old limit was ₹12 lakh.
• State licence: above ₹1.5 crore and up to ₹50 crore.
• Central licence: above ₹50 crore. Some kinds of business need a Central licence regardless of turnover under the FSSAI’s kind-of-business rules, importers being the standard example.

Existing operators are being migrated on FoSCoS, and FSSAI has said no fee is charged for a migration caused by the revised thresholds. Registrations and licences issued from 1 April 2026 have perpetual validity: you no longer renew them, but you must still apply for modification when your address, product category, capacity or ownership changes.

FSSAI licence for home food business: how to apply

1. Check your turnover band. A home kitchen with turnover up to ₹1.5 crore needs basic registration, not a licence.
2. Open FoSCoS (foscos.fssai.gov.in) and use the eligibility wizard, which asks your kind of business and turnover and tells you whether you need registration, a State licence or a Central licence.
3. Fill Form A for registration (Form B is for licences). Upload a photograph, ID proof and proof of premises, and give the list of food products.
4. Pay the fee online. Basic registration is ₹100 a year, and the 2026 changes let you pay for several years at once. Licence fees vary by category and capacity.
5. Wait for the decision. The registering authority must grant or reject the application, or order an inspection, within 7 days. If it inspects, it decides within 30 days. If no decision is communicated in that time, the regulations allow the applicant to start business, subject to any later improvement orders.
6. Display the number. Keep the certificate at the premises and print the 14-digit FSSAI number on labels, menus, packaging and online listings as required.

Common mistakes small food businesses make

• Thinking a home kitchen is exempt. It is not. Size decides the type of registration, not whether one is needed.
• Using a look-alike website. Many private sites charge ₹1,000 or more for a ₹100 registration. FoSCoS is the official portal.
• Not updating after growth. If turnover crosses ₹1.5 crore, move to a State licence.
• Forgetting hygiene rules. Registration does not end your duties. Schedule 4 of the 2011 Regulations sets hygiene and sanitary conditions, and food safety officers can inspect.
• Ignoring other registrations. FSSAI does not replace GST, a trade licence or Udyam.

Real-life example

Sneha bakes cakes at home in Vadodara and takes orders on Instagram and a delivery app. Her turnover is about ₹9 lakh a year. Before April 2026 she held basic registration; under the new limits she still needs only basic registration, which now covers up to ₹1.5 crore. Her friend Arjun runs a cloud kitchen in Hyderabad with turnover of ₹2.2 crore, which is above the new basic limit. He needs a State licence and applies on FoSCoS in Form B.

Frequently asked questions

What is the FSSAI registration limit for small food business in 2026?

From 1 April 2026, basic FSSAI registration covers annual turnover up to ₹1.5 crore. Above that, up to ₹50 crore, you need a State licence, and above ₹50 crore a Central licence.

Do I need an FSSAI licence for a home food business?

You need at least basic FSSAI registration, whatever the size. A licence is needed only if turnover crosses ₹1.5 crore or your kind of business requires one.

Does FSSAI registration need renewal now?

Not for registrations and licences issued on or after 1 April 2026, which have perpetual validity unless suspended, cancelled or surrendered. Changes in particulars still need a modification application.

What is the fee for FSSAI basic registration?

₹100 per year, paid online on FoSCoS. Licence fees are higher and depend on the category and capacity of the business.

Quick quiz

Running a food business from home or a shop? Law for Shopkeepers and Small Businesses walks through every registration you need, and the Business Compliance Pack, ₹799 gives ready formats. The certificate is a Lexfolio certificate of completion, not a professional qualification.

Sources

• Food Safety and Standards Act, 2006, ss.31 and 63
• Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations, 2011, regulation 2.1 and Schedules 2 to 4
• Food Safety and Standards (Licensing and Registration of Food Businesses) Amendment Regulations, 2026 (notified 10 March 2026); FSSAI orders of 13 March and 27 March 2026
• Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014

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

The core eviction of tenant rules in India are that a landlord must first end the tenancy lawfully, by expiry of the term or a valid written notice under Section 106 of the Transfer of Property Act, 1882, and then get possession through a court or the forum named in the state rent law. A landlord cannot evict without notice or by force: changing locks, removing belongings or cutting water and electricity are unlawful. A tenant dispossessed without due process can sue to recover possession within six months under Section 6 of the Specific Relief Act, 1963, without proving title.

Can a landlord evict without notice?

No. Section 111 of the Transfer of Property Act lists how a lease ends: by efflux of time (the term runs out), by surrender, by forfeiture (for breach of an express condition, after written notice), or on expiry of a notice to quit.

Where there is no contract to the contrary, Section 106 treats a lease for any purpose other than agriculture or manufacturing as month to month, ended by 15 days’ notice. Since the 2002 amendment:

• the notice period runs from the date the notice is received (s.106(2));
• a notice is not invalid merely because the period stated falls short, if the suit is filed after the required period expires (s.106(3));
• the notice must be in writing and signed, and sent by post, delivered personally to the tenant or a family member or servant, or, if that is not practicable, affixed to a conspicuous part of the property (s.106(4)).

Your agreement usually overrides the 15-day default. Where a state rent control law protects the tenancy, a notice alone is not enough: the landlord must also prove a ground the law lists.

Tenant rights against forced eviction

Even an owner cannot take the law into his own hands. In Lallu Yeshwant Singh v. Rao Jagdish Singh (1968), a landlord could not forcibly dispossess a tenant even after the lease ended. In Krishna Ram Mahale v. Shobha Venkat Rao (1989) and Rame Gowda v. M. Varadappa Naidu (2004), the Court held that a person in settled possession can be removed only by due process of law.

So, whatever the arrears, it is unlawful to change the locks, throw out belongings, cut water or electricity, or send people to threaten the tenant.

Depending on the facts, such acts can also be offences under the Bharatiya Nyaya Sanhita, 2023, such as criminal trespass and house-trespass (s.329) and criminal intimidation (s.351).

Illegal eviction remedy: what to do, in order

1. Stay safe. If threatened, call 112.
2. Record everything. Photos, video, names and the landlord’s messages.
3. Complain to the police in writing. If the facts disclose a cognizable offence, the police must register an FIR under BNSS s.173. If they refuse, send the substance in writing to the Superintendent of Police under s.173(4). See how to file an FIR.
4. Go to the civil court quickly. A suit for injunction can stop threatened dispossession. If you have already been thrown out, Section 6 of the Specific Relief Act, 1963 lets you sue for recovery of possession within six months of dispossession, without proving ownership, only that you were in possession and were removed without due course of law.
5. Free legal aid: District Legal Services Authority, or NALSA helpline 15100.

How a lawful eviction works, for landlords

A tenant who stops paying or sub-lets without consent will lose in the right forum. The lawful route is:

1. Send a notice to quit, with a demand for arrears if any (many rent laws require a demand notice first).
2. Do not accept money as “rent” after termination without care. Under s.116, accepting rent can renew the tenancy by holding over; acknowledge any payment in writing as damages for use and occupation, without prejudice.
3. File in the right forum. Where no rent law applies, a civil suit for possession (in some places the Small Causes Court). Where a state rent law applies, before the Rent Controller or special court, on a listed ground such as arrears, unauthorised sub-letting, misuse, damage or bona fide need. Where the Model Tenancy Act scheme is adopted, the Rent Court.
4. Claim arrears and damages for use and occupation from the termination date.
5. Execute the decree through the court.

Uttar Pradesh: on 21 August 2026 the Allahabad High Court, in Inder Bhushan Sawhney v. Kanchan Kumari Jain, struck down ss.8, 9, 10, 38 and 42 of the UP Regulation of Urban Premises Tenancy Act, 2021, including the provisions on the Rent Authority’s forum and its override of the Small Causes Court procedure. Where UP eviction cases now go is unsettled. Take local advice before filing or defending.

Real-life example

Mohan let a flat in Bhopal to Karan on an 11-month agreement ending 31 March. Mohan kept accepting rent until September, then told Karan to leave in a week. Accepting rent had likely created a month-to-month tenancy (s.116), so Mohan sends a written s.106 notice and, when Karan stays, files for possession instead of changing the lock.

Frequently asked questions

What are the eviction of tenant rules in India?

The landlord must end the tenancy lawfully, by expiry of the term or a valid notice under TPA s.106 or the agreement, and then obtain possession through the court or forum named in the applicable state law. Self-help eviction is unlawful.

Can a landlord evict a tenant without notice?

No. Even where the term has expired, the landlord must use due process to recover possession if the tenant does not leave. Changing locks or cutting supplies is unlawful.

What can I do if my landlord locks me out?

File a written police complaint and sue quickly: Specific Relief Act s.6 gives six months, without proving title.

How long does a landlord have to give notice to a tenant?

What your agreement says. If it is silent, a month-to-month tenancy for residential or commercial use needs 15 days’ written notice under TPA s.106, counted from receipt. State rent laws may add conditions.

Quick quiz

For both sides of a tenancy, take Tenant and Landlord Rights. A clear notice clause from the start, as in the Rent Agreement Set, ₹149, prevents many disputes. The certificate is a Lexfolio certificate of completion, not a professional qualification.

Sources

• Transfer of Property Act, 1882, ss.106, 111 and 116
• Specific Relief Act, 1963, s.6
• Bharatiya Nyaya Sanhita, 2023, ss.329 and 351; Bharatiya Nagarik Suraksha Sanhita, 2023, s.173
• Model Tenancy Act, 2021 (model law)
• Lallu Yeshwant Singh v. Rao Jagdish Singh (SC, 1968); Krishna Ram Mahale v. Shobha Venkat Rao (SC, 1989); Rame Gowda v. M. Varadappa Naidu (SC, 2004)
• Inder Bhushan Sawhney v. Kanchan Kumari Jain (Allahabad High Court, 21 August 2026)

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

Defamation law for YouTubers in India has two tracks. Criminal defamation under Section 356 of the Bharatiya Nyaya Sanhita, 2023 is punishable with simple imprisonment up to two years, or fine, or both, or community service, but only on a complaint by the person defamed (BNSS s.222). Civil defamation lets that person sue for damages and a takedown injunction, generally within one year of publication. Truth published for the public good, good-faith opinion on public conduct, and honest reviews of a public performance or product experience are your main defences.

Can I be sued for a YouTube video?

Yes. Section 356(1) of the BNS covers any imputation made or published by words, signs or visible representations, which includes videos, thumbnails, titles, captions, community posts and podcasts. The imputation harms reputation if it lowers a person’s moral or intellectual character, their character in respect of caste or calling, or their credit in the eyes of others. Explanations to the section extend it to companies and associations, to statements about a deceased person that hurt the family, and to insinuation or irony. A “just asking questions” thumbnail can still be defamatory.

Two things are not defamation: genuine opinion clearly presented as opinion, and statements you can prove true that are made for the public good. The line is between facts you can prove and allegations you cannot.

Defamation law for YouTubers: the exceptions that protect you

• First exception: truth for the public good. Truth alone is not enough in criminal law; publication must also be for the public good. You must prove both.
• Second and third exceptions: public conduct. Good-faith opinions on how a public servant performed public functions, or on anyone’s conduct on a public question.
• Sixth exception: merits of a public performance. Good-faith opinion on a book, film, performance or other work submitted to public judgment. Film, book and music reviews sit here.
• Ninth exception: protection of interests. An imputation made in good faith to protect your own or another’s interest, such as warning people about a fraud you experienced, made carefully.

“Good faith” means due care and attention, not just honest belief. In a civil suit, truth (justification) is a complete defence, and fair comment on a matter of public interest, based on true facts, is also a defence.

Review videos and defamation India: how to criticise safely

1. Separate fact from opinion. “The restaurant served me stale paneer on 4 March; here is the bill and the photo” is a provable fact. “In my opinion it was the worst meal I have had in Lucknow” is opinion. “They poison customers” is an unprovable allegation.
2. Keep evidence for every factual claim: bills, chats, documents, recordings you lawfully made, public records.
3. Ask for the other side before publishing, and include the reply. It shows good faith.
4. Avoid crime words such as fraud, thief or scam unless there is a conviction, a charge-sheet or solid documentary proof, and then say exactly what the record shows.
5. Watch thumbnails and titles. A careful video under “EXPOSED: FRAUD DOCTOR” is still defamatory.
6. Moderate comments. Pinning or hearting a defamatory comment can be argued as republication. In Arvind Kejriwal v. State (2024), the Delhi High Court held that reposting defamatory content can itself attract liability.

Defamation law for YouTubers in practice: Vivek, a Delhi food reviewer, said “this sweet shop adds detergent to its milk” after one bad visit. He had no test report. On advice, he removed that video and posted a clear apology for the factual claim, but kept his separate review saying the rasmalai tasted sour that day, with the bill. The shop withdrew its notice.

If you receive a defamation notice or complaint

• Note the date and do not reply in anger online or tag the sender.
• Preserve, do not panic-delete. Keep copies of the video, comments and your evidence; making a video private while you take advice is often wiser than deleting.
• Assess with a lawyer: is the statement fact or opinion, can you prove it, does an exception apply? A careless reply can be an admission.
• Correct and apologise where you were wrong: identify the statement, withdraw it, publish with similar prominence. This often ends the dispute.
• Interim takedown suits: courts can order removal before trial, but in Bloomberg Television Production Services v. Zee Entertainment (22 March 2024), the Supreme Court said such pre-trial injunctions against publication should be granted only in exceptional cases, such as where the content is malicious or palpably false, after weighing free speech.
• Criminal complaint: a Magistrate summons you only after examining the complainant. Engage a lawyer early; free legal aid is available through NALSA (15100) for eligible persons.

If you are the one defamed, see how to remove fake or defamatory posts online and how to send a legal notice.

Frequently asked questions

Can I be sued for a YouTube video in India?

Yes. A person or company whose reputation is harmed can file a criminal complaint under BNS s.356 or a civil suit for damages and an injunction. You are protected if what you said is true and for the public good, or is good-faith opinion within the exceptions.

What does defamation law for YouTubers say about bad reviews?

An honest review of a film, book, performance or your own product experience is protected when it is genuine opinion in good faith and based on true facts. Factual allegations you cannot prove, like calling a business a fraud, are the risk.

Can the police arrest me for defamation on an FIR?

Defamation is taken up on a complaint by the aggrieved person to a Magistrate under BNSS s.222, not on a police FIR for defamation alone. Other offences in the same content, such as forgery or hate speech, can lead to an FIR.

How long does someone have to sue me for defamation?

For a civil suit for libel, one year under Article 75 of the Limitation Act. For a criminal complaint, three years, as the offence is punishable with up to two years (BNSS s.514).

Quick quiz

To master defamation law for YouTubers and other speech risks, see the Law for Content Creators and Influencers certificate course.

Sources

• Bharatiya Nyaya Sanhita, 2023: s.356
• Bharatiya Nagarik Suraksha Sanhita, 2023: ss.222, 514
• Limitation Act, 1963: Art. 75
• Subramanian Swamy v. Union of India (SC, 2016)
• Bloomberg Television Production Services India Pvt. Ltd. v. Zee Entertainment Enterprises Ltd. (SC, 22 March 2024)
• Arvind Kejriwal v. State (Delhi High Court, 2024)

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

Under the Digital Personal Data Protection Act, 2023, you (the “Data Principal”) have the right to get a summary of your personal data and how it is processed (s.11), to correct, complete, update and erase it (s.12), to an effective grievance redressal from the company (s.13), and to nominate someone to exercise these rights if you die or become incapacitated (s.14). You can withdraw consent at any time, as easily as you gave it (s.6(4)). These rights become enforceable when the DPDP Rules’ 18-month transition ends on 13 May 2027. You must first use the company’s grievance process before complaining to the Data Protection Board, and a false or frivolous complaint can attract a penalty of up to ₹10,000.

Your four rights, explained

1. Right to access information (s.11). If you consented to processing, you can ask the company (the “Data Fiduciary”) for a summary of the personal data it processes about you, the processing activities, and the identities of other fiduciaries and processors it shared your data with.
2. Right to correction and erasure (s.12). You can ask the company to correct inaccurate data, complete incomplete data, update it, and erase data that is no longer needed for the purpose, unless the law requires it to be kept.
3. Right of grievance redressal (s.13). Every company must provide a readily available means of grievance redressal. Under section 13(3), you must exhaust this route before approaching the Data Protection Board.
4. Right to nominate (s.14). You can nominate another individual who will exercise your rights if you die or become unable to do so because of unsoundness of mind or infirmity.

The DPDP Rules, 2025 require companies to publish how you can make these requests and to respond within a period not exceeding 90 days.

Consent and how to withdraw it

Consent under the Act must be free, specific, informed, unconditional and unambiguous, given by a clear affirmative action. Under section 6(4), you can withdraw consent at any time, and the ease of withdrawing must be comparable to the ease of giving it. After withdrawal, the company must stop processing (and have its processors stop) within a reasonable time, unless the law permits otherwise. Withdrawal does not undo processing already done.

Example: Kavita signed up for a Delhi gym’s app and ticked consent for marketing. She later finds her number sold to a loan company. Once the obligations are in force, she can withdraw consent in the app, ask for a summary of who her data was shared with (s.11), demand erasure (s.12) and, if ignored, complain to the Board.

When the rights become enforceable

The DPDP Rules, 2025 were notified on 14 November 2025. The provisions setting up the Data Protection Board took effect immediately. Consent manager provisions follow after 12 months. Most substantive obligations, including notice, consent, security safeguards, breach intimation and your rights under sections 11 to 14, apply after 18 months, that is from about 13 May 2027. MeitY consulted in early 2026 on shortening this window, but as on today no shorter deadline has been notified. Many large platforms already offer access and deletion tools, so use them now.

Your duties, and the ₹10,000 penalty

Section 15 places duties on you as a Data Principal: comply with the law while exercising rights; do not impersonate another person while giving personal data; do not suppress material information when providing data for an official document or ID; do not register a false or frivolous grievance or complaint with a company or the Board; and furnish only verifiably authentic information when seeking correction or erasure. Breach of these duties can attract a penalty of up to ₹10,000 under the Schedule to the Act.

Children’s data

A “child” under the Act is a person below 18. Before processing a child’s personal data, the company must obtain verifiable consent of the parent or lawful guardian (s.9), and must not do tracking, behavioural monitoring or targeted advertising directed at children, subject to exemptions in the Rules. Breach of children’s data obligations can attract penalties of up to ₹200 crore on the company.

What to do today about spam calls and data leaks

• Fraud calls and messages: report suspected fraud communication on Chakshu, the reporting facility on the Department of Telecommunications’ Sanchar Saathi portal (sancharsaathi.gov.in).
• Unwanted promotional calls and SMS: register your preferences on the Do Not Disturb (DND) registry by SMS or call to 1909, or through your operator’s app or TRAI’s DND app, and report violations.
• Money already lost: call 1930 or file on cybercrime.gov.in immediately, and inform your bank.
• Data leak by a company: write to its grievance officer asking what was exposed and what it is doing. Change passwords, enable two-factor authentication and watch for phishing.

Frequently asked questions

Can I complain to the Data Protection Board today?

The Board has been constituted, but most data principal rights and fiduciary obligations become enforceable from about 13 May 2027. You must also first use the company’s grievance process (s.13(3)).

Can I make a company delete my data?

Yes, under section 12 once in force, where the data is no longer needed and no law requires retention.

Is there a penalty for a fake complaint?

Yes. Breach of your duties under section 15, including false or frivolous complaints, can attract up to ₹10,000.

Does the Act cover data I gave on paper?

It covers digital personal data, including data collected offline and later digitised.

Can I get compensation from the Board?

The Board imposes penalties on companies; the Act does not provide for compensation to you through the Board. Other remedies, such as consumer or civil claims, depend on the facts.

Quick quiz

To learn your data and cyber rights properly, see Certificate Course in Everyday Law for Every Indian.

Sources

• Digital Personal Data Protection Act, 2023, sections 2, 6, 9, 11 to 15, 33 and the Schedule
• Digital Personal Data Protection Rules, 2025 (notified 14 November 2025)
• Press Information Bureau explainer on the DPDP Rules, November 2025
• Department of Telecommunications, Sanchar Saathi portal (Chakshu)
• TRAI, Telecom Commercial Communications Customer Preference Regulations, 2018

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