Category: Know Your Rights

A nominee is the person a bank, company or insurer pays when the account holder dies. For bank deposits and shares, being the nominee does not make that person the owner. The nominee receives the money and holds it for the legal heirs, who take it under the applicable succession law or the will. Life insurance has a special rule in Section 39(7) of the Insurance Act for parents, spouse and children, though courts are divided on how far it goes. Since 1 November 2025, you can name up to four nominees for a bank deposit.

What a nominee really is

Nomination solves a practical problem. When a depositor dies, the bank needs to know whom to pay without waiting for the family to sort out inheritance. Section 45ZA of the Banking Regulation Act, 1949 lets the bank pay the nominee and be discharged. That is all. It does not decide who finally owns the money.

In Ram Chander Talwar v. Devender Kumar Talwar (2010), the Supreme Court held that a nominee under Section 45ZA does not become owner of the deposit; the amount still goes to the heirs under succession law. In Shakti Yezdani v. Jayanand Jayant Salgaonkar (decided 14 December 2023), the Court held that nomination of shares under company and depository law also does not override succession law. The Court said nomination is not a “third mode of succession” alongside a will and intestate succession.

So if Rakesh nominates his brother for his fixed deposit but dies leaving a wife and two children, the bank can pay the brother. The brother must then hand it over to the wife and children, who are Class I heirs under the Hindu Succession Act. See who inherits property without a will.

Up to four nominees from 1 November 2025

The Banking Laws (Amendment) Act, 2025 changed the nomination rules for banks. The government notified that the nomination provisions came into force on 1 November 2025.

• Deposit accounts: you can name up to four nominees, either simultaneously or successively.
• Simultaneous nomination: all nominees get a share at the same time, in the percentages you specify. The shares must add up to 100%.
• Successive nomination: nominees are placed in order. The next one becomes entitled only if the one above has died.
• Lockers and articles in safe custody: only successive nomination, up to four persons.

More nominees make the bank’s job easier. They still do not change who inherits. If your nominee and your heirs are different people, the safest course is to make a will. See how to write a will in India.

The insurance exception: Section 39(7)

Life insurance works a little differently. The 2015 amendment to Section 39 of the Insurance Act, 1938 says that where the policyholder nominates a parent, spouse or child (or any of them), the nominee becomes “beneficially entitled” to the policy money, unless it is shown that the policyholder could not have conferred that beneficial title. Other nominees, such as a brother or friend, collect the money for the estate.

Courts have not read this provision the same way. Some High Courts have held a spouse, parent or child nominee to be the owner of the money. The Allahabad High Court, in Kusum v. Anand Kumar (2025), held that even such a nominee does not shut out other legal heirs, and that succession law prevails. The Supreme Court has not yet settled the point under the amended Section 39. If an insurance claim is disputed within the family, take advice on the law of your state’s High Court.

When there is no nominee

1. Ask the bank for its claim procedure. Banks have simplified procedures for claims by legal heirs, usually with the death certificate, an affidavit, an indemnity and a letter of disclaimer from other heirs. Limits for the simplified route are set by each bank’s policy.
2. Get proof of heirship. A legal heir certificate or family register extract is usually asked for. See legal heir certificate in Uttar Pradesh.
3. Succession certificate for larger amounts or disputes. For debts and securities, the civil court grants a succession certificate under the Indian Succession Act, 1925. See succession certificate procedure.
4. If the bank delays, complain to the bank and then to the RBI Ombudsman. See RBI Ombudsman under RB-IOS 2026.

Frequently asked questions

Is my nominee the owner of my bank account after my death?

No. The nominee receives the money and holds it for your legal heirs or those named in your will.

Can I name four nominees for my savings account?

Yes, from 1 November 2025, up to four, either simultaneously with fixed shares or successively in order.

Can I name simultaneous nominees for my locker?

No. For lockers and safe custody articles, only successive nomination is allowed.

My mother is the nominee on my late father’s LIC policy. Do my siblings get a share?

Section 39(7) says a spouse nominee is beneficially entitled, but High Courts are divided on whether that defeats other heirs. Take advice based on your High Court’s view.

Does a will override a nomination?

For bank deposits and shares, yes: the nominee holds the money for those entitled under the will or by succession. Insurance under Section 39(7) is the contested area.

Quick quiz

Learn inheritance, nomination and wills in plain language in the Certificate Course in Everyday Law for Every Indian (₹349).

Sources

• Banking Regulation Act, 1949: Section 45ZA and related nomination provisions
• Banking Laws (Amendment) Act, 2025: nomination provisions in force from 1 November 2025
• Insurance Act, 1938: Section 39, especially Section 39(7)
• Ram Chander Talwar v. Devender Kumar Talwar, (2010) 10 SCC 671
• Shakti Yezdani v. Jayanand Jayant Salgaonkar, Supreme Court, 14 December 2023
• Kusum v. Anand Kumar, Allahabad High Court (Lucknow Bench), 2025
• Hindu Succession Act, 1956: Section 8; Indian Succession Act, 1925 (succession certificate)

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

Every Indian adult should know basic law because most legal problems arrive without warning: a police station that will not write your FIR, a landlord who keeps your deposit, a UPI fraud at 11 pm, an unpaid last salary, a family dispute over a father’s house. The law often gives you a free remedy, but only if you act in the right forum within a fixed time. Knowing the first two steps yourself saves money, time and, in fraud cases, the money itself.

Five everyday situations where the law decides the outcome

Legal problems are rarely dramatic. They are ordinary moments where one wrong move costs you the remedy.

1. The FIR that never gets written. Ramesh in Kanpur goes to report a phone snatching. The duty officer tells him to “write an application and come back”. Under s.173 BNSS, information about a cognizable offence must be recorded, and the Supreme Court in Lalita Kumari v. Govt of UP (2013) held registration mandatory where the information discloses a cognizable offence. He is also entitled to a free copy of the FIR (s.173(2)). If he knows this, he asks politely and firmly. If not, he leaves with nothing.
2. The deposit that never comes back. Priya vacates a flat in Lucknow and the owner keeps two months’ rent “for painting”. Uttar Pradesh’s 2021 tenancy law caps a residential security deposit at two months’ rent and allows only lawful deductions. A short legal notice citing the law often settles it.
3. The cyber fraud at midnight. Arjun in Pune shares an OTP with a caller posing as his bank. Every minute matters here. Calling 1930 and reporting on cybercrime.gov.in quickly helps freeze money still moving between accounts.
4. The last salary that is “under process”. Under the Code on Wages 2019, when an employee resigns or is removed, wages due must be paid within two working days (s.17(2)). Most employees never know this, so they wait for months.
5. The house after father’s death. In many Hindu families, brothers assume the house is theirs. Under s.8 of the Hindu Succession Act 1956, a son, daughter, widow and mother are all Class I heirs and take equally. After the 2005 amendment, daughters are coparceners by birth (Vineeta Sharma v. Rakesh Sharma, 2020).

The real cost of not knowing: missed time limits

Ignorance of law is not an excuse, and the clock runs whether you know about it or not. Three deadlines show how unforgiving this can be.

• Bank fraud: 3 working days. Under the current RBI customer liability framework, if a third-party breach is reported within 3 working days of receiving the bank’s communication, your liability is zero. Report in 4 to 7 working days and you may bear a limited loss of up to ₹5,000 to ₹25,000 depending on the account or card. Beyond 7 working days, the bank’s Board-approved policy applies. Note: new RBI directions on fraudulent transactions are coming from 1 January 2027, with a 5 calendar day window.
• Consumer complaint: 2 years. A defective car, a refused insurance claim, a builder who did not deliver: the Consumer Commission will normally hear you only if you file within two years of the cause of action (s.69).
• RTI appeal: 30 days. If a public office gives a vague reply or none at all, the first appeal must go within 30 days. Miss it and you start again.

The common thread: people lose not because the law is against them but because they found out too late.

Free forums that need no lawyer

Many Indians assume that any legal step means a lawyer’s fee. In fact, several forums are designed for ordinary people to use directly.

• Consumer Commissions via e-Jagriti (e-jagriti.gov.in). No fee for claims up to ₹5 lakh. You can argue your own case.
• RBI Ombudsman under the Reserve Bank Integrated Ombudsman Scheme, 2026, filed free at cms.rbi.org.in, usually after the bank rejects your complaint or does not reply within 30 days.
• RTI at rtionline.gov.in for central public authorities, with a ₹10 fee.
• Cyber crime portal cybercrime.gov.in and helpline 1930.
• National Consumer Helpline 1915 for pre-litigation help with companies.
• Lok Adalats for settling disputes and pending traffic challans by compromise.
• Maintenance Tribunal under the Senior Citizens Act 2007, where parents can claim up to ₹10,000 per month from children.

For serious matters (criminal cases, property suits, divorce), a lawyer is still the right call. Legal literacy helps you know when you need one and what to ask.

Free legal aid: Article 39A is for you

Article 39A of the Constitution directs the State to ensure equal justice and free legal aid so that no citizen is denied justice because of economic or other disabilities. The Legal Services Authorities Act 1987 puts this into practice. Under s.12, women, children, members of Scheduled Castes and Scheduled Tribes, persons in custody, persons with disabilities, victims of trafficking, industrial workmen and people below the notified income limit are entitled to free legal services.

That means a free lawyer, free drafting and free advice through the District Legal Services Authority in your district court complex. Call NALSA’s helpline 15100 to start. A woman facing domestic violence in Patna or an undertrial in Agra does not need money to get a lawyer. She needs to know this right exists.

What basic legal literacy looks like in practice

You do not need to read bare acts cover to cover. A legally literate adult knows:

• which number to call first (112 for emergencies, 1930 for cyber fraud, 181 for women, 1098 for children, 14567 for elders, 15100 for legal aid);
• that every complaint should be in writing, with a copy and a date;
• the rough time limit for their problem;
• which forum handles it and whether it charges a fee;
• basic arrest rights: to know the grounds of arrest (s.47 BNSS), to have a relative informed (s.48), to meet an advocate during interrogation (s.38), and production before a Magistrate within 24 hours (s.58).

A Hindi version is available for readers who prefer to learn in Hindi: Everyday Law (Hindi), ₹299.

Frequently asked questions

Is legal literacy only useful for people who are already in a dispute?

No. It is most useful before a dispute: when signing a rent agreement, accepting a job, buying a flat or sharing an OTP. Prevention is cheaper than litigation.

Can I file a consumer complaint without a lawyer?

Yes. You can file on e-Jagriti and appear in person. There is no fee where the consideration paid is up to ₹5 lakh.

Who is eligible for free legal aid?

The categories in s.12 of the Legal Services Authorities Act 1987, including women, children, SC/ST members, persons in custody, persons with disabilities and people below the notified income limit. Call 15100 or visit your District Legal Services Authority.

Does a certificate in everyday law let me give legal advice?

No. Lexfolio’s certificate is a certificate of completion. It is not a degree or a licence. Only advocates enrolled with a State Bar Council can practise law.

What is the single most useful thing to remember?

Act fast and in writing. Most remedies have short time limits, and a dated written complaint is your best evidence.

Quick quiz

Start with the basics in plain language: Everyday Law for Every Indian, ₹349.

Sources

• Constitution of India, Article 39A
• Bharatiya Nagarik Suraksha Sanhita 2023, ss.38, 47, 48, 58, 173 and 175
• Lalita Kumari v. Govt of UP (2013), Supreme Court
• Consumer Protection Act 2019, s.69; Consumer Protection (Jurisdiction) Rules 2021
• RBI framework on customer liability in unauthorised electronic banking transactions
• Reserve Bank Integrated Ombudsman Scheme, 2026
• Right to Information Act 2005, s.19
• Code on Wages 2019, s.17(2)
• Hindu Succession Act 1956, ss.6 and 8; Vineeta Sharma v. Rakesh Sharma (2020)
• Uttar Pradesh Regulation of Urban Premises Tenancy Act 2021
• Legal Services Authorities Act 1987, s.12
• Maintenance and Welfare of Parents and Senior Citizens Act 2007, s.9

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

When a Hindu man dies without a will, his property goes first to his Class I heirs under section 8 of the Hindu Succession Act, 1956: mainly his widow, sons, daughters and mother, who take together and in equal shares. The father is only a Class II heir. When a Hindu woman dies without a will, sections 15 and 16 apply: her sons, daughters and husband come first. Since 2005, a daughter is a coparcener by birth in ancestral property, just like a son.

When a Hindu man dies without a will

A person who dies without a valid will is said to die “intestate”. For a Hindu male, section 8 sets the order:

1. Class I heirs take first. They include the widow, sons, daughters and mother, and also the children and widows of predeceased sons and children of predeceased daughters, as listed in the Schedule.
2. If there is no Class I heir, Class II heirs take, in the order of entries in the Schedule. The father is the first entry in Class II.
3. If there is no Class II heir, agnates (relatives through males), then cognates.

All Class I heirs take at the same time. Each living son, each living daughter, the widow and the mother get one share each. The branch of a predeceased son or daughter takes one share between them.

Example: Rakesh of Varanasi dies without a will, leaving a flat he bought himself. He is survived by his wife Sunita, son Aman, daughter Priya and mother Kamla. Each of the four gets one-fourth. His father, if alive, gets nothing from this flat, because Class I heirs exist.

When a Hindu woman dies without a will

Sections 15 and 16 apply. Her property goes:

1. first to her sons and daughters (including children of a predeceased son or daughter) and her husband;
2. then to the heirs of her husband;
3. then to her mother and father;
4. then to the heirs of her father, and lastly the heirs of her mother.

There is a special rule when she has no son, daughter or children of predeceased children. Property she inherited from her father or mother goes back to the heirs of her father. Property she inherited from her husband or father-in-law goes to the heirs of her husband. Self-acquired property follows the ordinary order.

Daughters, widows and mothers

• Daughter: after the 2005 amendment to section 6, a daughter is a coparcener by birth in a Hindu joint family (Mitakshara) property, with the same rights and liabilities as a son. In Vineeta Sharma v. Rakesh Sharma (2020), the Supreme Court held that her right does not depend on her father being alive on 9 September 2005. Marriage does not take this right away.
• Widow: she is a Class I heir and takes one share equal to each child. She can also hold and deal with what she inherits as full owner.
• Mother: she is a Class I heir of her son. Families often forget this when the son was married.

Nominees are not owners (with one insurance exception)

A nominee in a bank account, fixed deposit, shares or mutual fund generally receives the money only as a trustee or custodian for the legal heirs. In Shakti Yezdani v. Jayanand Jayant Salgaonkar (2023), the Supreme Court held that nomination in shares does not override succession law. So if Rakesh named only his son as nominee, the bank pays the son, but Sunita, Priya and Kamla can still claim their shares from him.

Life insurance has a special rule. Section 39(7) of the Insurance Act, 1938, added in 2015, says that where the nominee is the policyholder’s parent, spouse or child (or a combination), the nominee is “beneficially entitled” to the policy money, unless it is shown that the policyholder could not lawfully confer that benefit. High Courts have not applied this uniformly, so get advice if the amount is large.

Other religions, briefly

• Muslims: inheritance follows Muslim personal law (Sunni and Shia schools differ on shares).
• Christians and Parsis: the Indian Succession Act, 1925 governs intestate succession, with separate rules for Parsis.
• Anyone can avoid these default rules by writing a valid will. See how to write a will in India.

Documents the family will need

• Death certificate.
• Legal heir certificate for pensions, utility transfers and smaller claims. See legal heir certificate in Uttar Pradesh.
• Succession certificate from the civil court for debts and securities such as bank deposits and shares. See succession certificate procedure.
• Property papers, mutation application, and family settlement deed if the heirs agree on a division.

Frequently asked questions

Does a married daughter get a share in her father’s property?

Yes. She is a Class I heir for his self-acquired property, and a coparcener by birth in joint family property. Marriage does not matter.

Does the father get a share if his son dies without a will?

Not if the son leaves a widow, child or mother. The father is a Class II heir.

Can the nominee in a bank account keep all the money?

Generally no. The nominee receives it but holds it for the legal heirs.

Is a succession certificate needed for a house?

Usually not for land or buildings; it is mainly for debts and securities. Mutation of land and property records follows local revenue rules.

Can heirs divide property without going to court?

Yes, by a family settlement or partition deed. Registration and stamp duty rules of the state apply.

Quick quiz

To understand wills, inheritance and family law end to end, take Everyday Law for Every Indian.

Sources

• Hindu Succession Act, 1956, sections 6, 8, 9, 15, 16 and the Schedule
• Insurance Act, 1938, section 39 (as amended by the Insurance Laws (Amendment) Act, 2015)
• Indian Succession Act, 1925
• Vineeta Sharma v. Rakesh Sharma (Supreme Court, 2020)
• Shakti Yezdani v. Jayanand Jayant Salgaonkar (Supreme Court, 2023)

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

Under RBI’s current customer liability rules, you bear zero loss for an unauthorised electronic transaction if the bank was at fault, or if it was a third-party breach that you reported within 3 working days of the bank’s alert. Report in 4 to 7 working days and your liability is capped; after that, the bank’s Board-approved policy applies. The bank must credit the amount within 10 working days of your report and resolve the complaint within 90 days. New, wider rules apply to transactions from 1 January 2027.

The current framework, explained

These rules come from RBI’s 2017 circular on limiting customer liability in unauthorised electronic banking transactions, now carried into RBI’s 2025 Master Directions. They cover card, net banking, mobile banking and UPI transactions made through your bank account. The clock runs from when you receive the bank’s communication (SMS or email alert) about the transaction, counted in working days.

The cap in the 4 to 7 working day band depends on your account type:

• ₹5,000: Basic Savings Bank Deposit (BSBD) accounts.
• ₹10,000: other savings accounts, prepaid and gift cards, current, cash credit or overdraft accounts of MSMEs, such accounts of individuals with annual average balance up to ₹25 lakh, and credit cards with a limit up to ₹5 lakh.
• ₹25,000: all other current, cash credit or overdraft accounts, and credit cards with a limit above ₹5 lakh.

Your liability is the transaction value or this cap, whichever is lower.

Third-party breach versus customer negligence

Third-party breach means the fault lies neither with you nor with the bank but somewhere else in the system: card skimming at an ATM, a data leak at a merchant, a SIM swap you did not cause, malware you had no reason to suspect. Here your reporting speed decides your liability.

Customer negligence means you compromised the payment credentials yourself, such as sharing your OTP, PIN or CVV with a caller, or approving a UPI request after entering your PIN. In that case you bear the full loss until you report it to the bank. Any loss after reporting falls on the bank.

Who decides? The bank must prove customer liability. It cannot simply say “you must have shared the OTP”. Ask for the basis in writing. Many disputes turn on this point, and the Ombudsman looks at whether the bank actually proved negligence.

Step by step: getting your money back

1. Report immediately to the bank through its official helpline, app or email, and call 1930 or report on cybercrime.gov.in. See our first-hour checklist.
2. Put it in writing. Email the bank’s grievance address with date, time, amount, transaction ID or UTR, and a clear line: “I did not authorise this transaction and did not share any credentials.” Keep the acknowledgement.
3. Track the 10 working days. Ask the bank for the shadow reversal (a credit of the disputed amount to your account) within 10 working days of your report.
4. File an FIR and attach the copy to your bank file.
5. Escalate inside the bank to the nodal or principal nodal officer if the response is poor.
6. Approach the RBI Ombudsman if the bank rejects your complaint, does not reply within 30 days, or gives an unsatisfactory reply. See our RBI Ombudsman guide.

What changes from 1 January 2027

RBI finalised new directions in June 2026 that apply to electronic banking transactions on or after 1 January 2027. They are not in force today. Coming changes:

• They cover “fraudulent” transactions, including cases where the customer was tricked into authorising the payment, not only unauthorised ones.
• Zero liability for third-party breaches reported within 5 calendar days.
• Compensation of 85% of the net loss or ₹25,000, whichever is lower, where gross loss is up to ₹50,000, available once in a lifetime, if reported to the bank and to 1930 or the cyber crime portal within 5 calendar days.
• The compensation mechanism applies to frauds occurring within one year of the effective date.

Example

Farhan in Bhopal sees an SMS for a ₹30,000 card transaction in Dubai at 11 pm while his card is in his wallet. He blocks the card on the app, emails the bank the same night and files on cybercrime.gov.in. This is a third-party breach reported within 3 working days, so his liability is zero. The bank credits ₹30,000 within 10 working days while it investigates.

Frequently asked questions

Do these rules apply to UPI?

Yes, they apply to electronic banking transactions through your bank account, which include UPI.

I shared my OTP. Will I get a refund?

Under current rules, sharing an OTP is usually treated as customer negligence and you bear the loss until you report. From 1 January 2027, the new directions add limited compensation for tricked transactions meeting their conditions.

What is shadow reversal?

A temporary credit of the disputed amount to your account within 10 working days of reporting, while the bank investigates.

How long can the bank take to decide?

The complaint must be resolved and liability decided within 90 days.

Where do I go if the bank refuses?

To the RBI Ombudsman at cms.rbi.org.in, free of charge.

Quick quiz

To understand bank fraud, consumer rights and cyber safety in one course, take Everyday Law for Every Indian (₹349).

Sources

• RBI circular on customer protection: limiting liability of customers in unauthorised electronic banking transactions (6 July 2017), now in RBI Master Directions, 2025
• RBI directions on fraudulent electronic banking transactions, finalised June 2026, applicable from 1 January 2027
• 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.

Under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, a parent or a senior citizen aged 60 or above who cannot maintain himself or herself can apply to the Maintenance Tribunal for a monthly allowance from children or, for a childless senior, from the relative who will inherit the property. The Tribunal can order up to ₹10,000 a month. A property transfer made on the condition that the child will look after the parent can be declared void if the child fails to do so (section 23), and abandoning a senior citizen is a crime (section 24).

Who can claim and from whom

The Act protects two groups. A parent (father or mother, biological, adoptive or step) can claim from his or her children, whatever the parent’s age. A senior citizen is any Indian citizen aged 60 or above.

• Children include sons, daughters, grandsons and granddaughters, but not minors.
• Relatives: a childless senior citizen can claim from a relative who is in possession of, or would inherit, his or her property.
• Maintenance covers food, clothing, residence, medical attendance and treatment, so the senior can lead a normal life.

If the person cannot file personally, any other person or a registered organisation authorised by the senior can file. The Tribunal can also take up a case on its own.

How the Maintenance Tribunal works

1. File an application before the Maintenance Tribunal in the district where the senior lives or last lived, or where the child or relative lives.
2. Interim maintenance: the Tribunal can order a monthly interim allowance while the case is pending.
3. Conciliation: the Tribunal may first refer the matter to a Conciliation Officer to try a settlement.
4. Order: the Tribunal decides, ideally within 90 days, and can order a monthly amount up to the ceiling of ₹10,000, plus interest if the order says so.
5. Enforcement: if the child does not pay, the Tribunal can issue a warrant to levy the amount and order imprisonment for unpaid months.
6. Appeal: a senior citizen or parent aggrieved by the order can appeal to the Appellate Tribunal.

The ₹10,000 cap in section 9(2) remains in force. A 2019 amendment bill proposed changes but lapsed, and courts have pointed out that the figure needs revision. For a larger claim, a parent can also use section 144 of the BNSS, which has no ceiling (see maintenance under section 144 BNSS).

Section 23: getting the property back

Many parents gift their house to a son or daughter on the understanding that they will be cared for. If the transfer was made “subject to the condition” that the transferee provides basic amenities and physical needs, and the transferee refuses or fails to do so, the Tribunal can declare the transfer void, treating it as made by fraud, coercion or undue influence.

Practical tips:

• Courts look for evidence that care was a condition of the transfer. Write that condition into the gift deed if you are making one now.
• Collect proof of neglect: letters, messages, medical bills paid by others, statements of neighbours.
• Section 23 also protects a senior’s right to receive maintenance from an estate, even if the estate is transferred.

Section 24 and other protections

Under section 24, anyone who has the care or protection of a senior citizen and leaves him or her in any place with the intention of wholly abandoning them can be punished with imprisonment of up to three months, or a fine of up to ₹5,000, or both.

The Act also asks state governments to set up old age homes, ensure medical care, and protect the life and property of senior citizens. Beyond this Act, seniors have other entitlements such as old age pension schemes, health schemes and tax and banking benefits. The details and rates differ by scheme and state, so check the current scheme directly with the relevant department or bank.

For help, call Elderline 14567, the national helpline for senior citizens. Free legal aid is available through the Legal Services Authorities (NALSA helpline 15100).

Example scenario

Mr Sharma, 72, of Aliganj, Lucknow, gifted his house to his son in 2021. The gift deed says the son will look after his parents. By 2025 the son had stopped buying medicines and asked his parents to move out. Mr Sharma filed an application before the Maintenance Tribunal at the SDM’s office asking for monthly maintenance and for the gift deed to be declared void under section 23. He attached the deed, pharmacy bills and WhatsApp messages. The Tribunal first sent the matter to conciliation. When that failed, it ordered monthly maintenance and examined the section 23 claim on the basis of the condition written in the deed.

Frequently asked questions

Can a daughter be asked to pay maintenance?

Yes. “Children” include daughters, and an adult daughter can be ordered to maintain her parents.

Is a lawyer needed before the Tribunal?

The Act generally does not allow a party to be represented by a legal practitioner before the Tribunal, so seniors can appear themselves. Advice from a lawyer outside the hearing is still useful.

Is the ₹10,000 limit still in force?

Yes, as on 29 October 2026 the ceiling in section 9(2) has not been changed.

Can I claim under both this Act and section 144 BNSS?

Both remedies exist, but the forum will take into account any amount already ordered.

Does the Act apply to a childless senior?

Yes, against a relative who possesses or will inherit his or her property.

Quick quiz

For a complete course on everyday rights, including senior citizens and family law, see Everyday Law for Every Indian.

Sources

• Maintenance and Welfare of Parents and Senior Citizens Act, 2007, sections 2, 4, 5, 7, 9, 16, 17, 23 and 24
• Bharatiya Nagarik Suraksha Sanhita, 2023, section 144
• Legal Services Authorities Act, 1987, section 12

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

If your employer has not paid your salary, first make a written demand, then send a legal notice, and if needed file a claim before the authority appointed under section 45 of the Code on Wages, 2019, within three years. Under section 17 of the Code, monthly wages must be paid before the expiry of the seventh day of the next month, and on resignation, dismissal or retrenchment, dues must be paid within two working days. Employees outside the Code’s coverage can file a civil suit for recovery.

What the Code on Wages says

The four Labour Codes came into force on 21 November 2025. The Code on Wages, 2019 replaced the Payment of Wages Act, the Minimum Wages Act, the Payment of Bonus Act and the Equal Remuneration Act.

Section 17 fixes when wages must be paid:

• daily wages: at the end of the shift;
• weekly wages: on the last working day of the week, before the weekly holiday;
• fortnightly wages: before the end of the second day after the fortnight;
• monthly wages: “before the expiry of the seventh day of the succeeding month”.

When an employee is removed, dismissed, retrenched, resigns, or becomes unemployed because the establishment closes, wages payable must be paid within two working days. The appropriate Government can prescribe a different time limit by rules, so check your state’s rules too.

Step-by-step: getting your unpaid salary

1. Collect your proof. Appointment letter, salary slips, bank statements showing past credits, attendance or login records, resignation email and acceptance, relieving letter, and any email or WhatsApp where HR admits the dues.
2. Make a written demand. Email HR and your reporting manager. State the months unpaid, the amount, and ask for payment within 7 days. Keep it calm and factual.
3. Send a legal notice. If the demand fails, a legal notice through an advocate states the dues, the legal basis and your next step. Many employers settle here. See how to send a legal notice in India and legal notice for recovery of money.
4. Raise a grievance on Samadhan. The Ministry of Labour’s Samadhan portal (samadhan.labour.gov.in) lets workers file grievances and disputes online. It is handled by the labour department machinery.
5. File a claim under section 45. Apply to the authority appointed by the appropriate Government. The application can be filed by you, a registered trade union of which you are a member, or the Inspector-cum-Facilitator. The authority can direct payment and award compensation up to ten times the claim determined. If the employer still does not pay, the authority can send a recovery certificate to the Collector, who recovers it as arrears of land revenue.
6. File a civil suit if you fall outside the Code’s coverage, or if your claim is better framed as a contract claim. With a written appointment letter, a summary suit under Order XXXVII of the Code of Civil Procedure may be possible.

Who is covered, and who should go to civil court

The Code on Wages defines “employee” broadly, covering manual, clerical, technical, supervisory and managerial work. Even so, a senior manager with a detailed employment contract, large variable pay or disputed bonuses may find a civil suit on the contract the cleaner route, while a shop assistant or factory worker in Kanpur should use the section 45 authority. If coverage is in doubt on your facts, take advice before choosing the forum.

Consultants and freelancers paid on invoices are not employees. Their route is a legal notice and a civil suit for recovery. Small businesses registered as micro or small enterprises owed money by buyers use the MSMED Act, 2006, but that law is for business dues, not employee salaries.

Common mistakes

• Waiting too long. Three years sounds long, but evidence goes stale and companies shut down.
• Signing a “full and final settlement” form that says nothing is due when money is still due.
• Leaving without a resignation acknowledgement. Always resign by email and keep the reply.
• Threatening the employer on social media. It can invite a defamation claim and does not get you paid.
• Holding company property such as a laptop as leverage. Return it against a receipt.

Real-life example

Imran worked as an accounts assistant at a Lucknow distributor for ₹22,000 a month. He resigned on 31 March after two months without salary. The employer ignored his email. He sent a legal notice in April claiming ₹44,000 and his April notice-period wages. When there was no reply, he filed a claim before the section 45 authority with his salary slips and bank statements. The employer paid at the first hearing to avoid an order for compensation.

Frequently asked questions

By what date must my monthly salary be paid?

Before the expiry of the 7th day of the following month, under section 17(1) of the Code on Wages, unless the government has prescribed a different time limit.

I resigned. When must my dues be paid?

Wages payable must be paid within two working days of resignation, under section 17(2).

How long do I have to file a claim?

Three years under section 45. The authority may admit a later claim if you show sufficient cause for the delay.

Can I file a police complaint for unpaid salary?

Non-payment of salary is usually a civil and labour law matter. A criminal complaint is appropriate only where there is a separate offence such as cheating, which is fact-specific.

Does the consumer forum handle salary disputes?

No. An employee is not a consumer of the employer’s services.

Quick quiz

For a practical course on work rights and recovering dues, see Everyday Law for Every Indian.

Sources

• Code on Wages, 2019, sections 2, 17 and 45
• Code of Civil Procedure, 1908, Order XXXVII
• Micro, Small and Medium Enterprises Development Act, 2006
• Ministry of Labour and Employment, Samadhan portal

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

An arrested person in India has the right to be told the grounds of arrest, to have a relative or friend informed, to meet a lawyer during interrogation, to a medical examination, and to be produced before a Magistrate within 24 hours. These rights come from Article 22 of the Constitution and Sections 35 to 58 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). Free legal aid is available to every person in custody.

Before arrest: notice of appearance and other limits

Section 35 BNSS (old Section 41 CrPC) lists when police may arrest without a warrant. Arrest is not automatic. Where arrest is not required under Section 35(1), Section 35(3) requires the police to issue a notice of appearance, asking the person to appear before them. If the person complies with the notice and continues to comply, they are generally not to be arrested unless the officer records reasons. Our guide on Section 35 BNSS (old Section 41A) explains this in detail.

Section 35(7) adds a new safeguard: for an offence punishable with less than three years, a person who is infirm or above 60 years of age cannot be arrested without prior permission of an officer not below the rank of Deputy Superintendent of Police.

Your rights at the time of arrest

1. Know why you are arrested (Section 47; Article 22(1)). The police must tell you the full particulars of the offence or the grounds of arrest. If the offence is bailable, they must also tell you that you are entitled to be released on bail and can arrange sureties.
2. Arrest memo (Section 36). The arresting officer must carry clear identification showing name, prepare an arrest memo attested by at least one witness (a family member or a respectable local person), and get it countersigned by the arrested person.
3. Information to a relative or friend (Section 48). The police must inform a relative, friend or a person you nominate about the arrest and where you are held, and record this in a register.
4. Women’s arrest (Section 43(5)). No woman is to be arrested after sunset and before sunrise except in exceptional circumstances. Even then, a woman police officer must make a written report and obtain prior permission of the Judicial Magistrate of the First Class.
5. Consult a lawyer (Section 38; Article 22(1)). You may meet an advocate of your choice during interrogation, though not throughout the interrogation.

Rights in custody

• Medical examination (Section 53). The arrested person is to be examined by a medical officer, and the report records any injuries. This protects both the person and honest police officers.
• 24-hour rule (Section 58; Article 22(2)). The police cannot detain you beyond 24 hours without producing you before a Magistrate, excluding the time for the journey. Beyond that, custody needs a Magistrate’s order.
• D.K. Basu safeguards. In D.K. Basu v. State of West Bengal (1997), the Supreme Court laid down guidelines against custodial violence: identification of arresting officers, arrest memos, informing relatives, medical checks and access to a lawyer. Most are now built into the BNSS.
• Free legal aid. Under Section 12 of the Legal Services Authorities Act, 1987, a person in custody is entitled to free legal services. Ask the Magistrate for a legal aid lawyer at the first production, or call the NALSA helpline 15100.

Bail basics

For a bailable offence, bail is a right and police or the court must release you on furnishing bail or bond. For a non-bailable offence, bail is at the court’s discretion. If you fear arrest, you can apply for anticipatory bail under Section 482 BNSS. For the sections and procedure, read our guides on bail sections in BNSS and anticipatory bail under Section 482 BNSS.

What the family should do

1. Find out which police station is holding the person and the FIR number and sections.
2. Ask for a copy of the arrest memo, or at least see it and note its contents.
3. Arrange a lawyer at once. If money is a problem, contact the District Legal Services Authority or call 15100.
4. Collect documents for bail: ID and address proof of the accused, surety’s ID, property or salary proof of the surety.
5. Be present at the Magistrate’s court when the person is produced, usually within 24 hours.
6. Note any injuries or complaints of mistreatment and tell the Magistrate at production. Ask for medical examination to be recorded.

Example: Sunil from Varanasi is picked up late at night in a cheating case. His wife reaches the police station, notes the FIR number, and confirms an arrest memo was signed. A legal aid lawyer meets Sunil before production. The next morning, the Magistrate hears the bail application.

Frequently asked questions

How long can police keep me without a Magistrate’s order?

Not beyond 24 hours, excluding journey time to the Magistrate (Section 58 BNSS, Article 22(2)).

Can I call a lawyer during questioning?

You can meet an advocate of your choice during interrogation, though not throughout it (Section 38 BNSS).

Can a woman be arrested at night?

Only in exceptional circumstances, by a woman police officer, with prior permission of the Judicial Magistrate of the First Class (Section 43(5) BNSS).

What is a notice of appearance?

Where arrest is not required, police issue a notice under Section 35(3) BNSS asking you to appear. Complying with it generally protects you from arrest.

Is legal aid really free for an arrested person?

Yes. Persons in custody are eligible under Section 12 of the Legal Services Authorities Act, 1987, regardless of income.

Quick quiz

Learn arrest, bail and FIR rights end to end in the Everyday Law for Every Indian course (₹349). For a detailed study of the BNSS itself, see New Criminal Laws: BNS, BNSS and BSA (₹499). These are certificates of completion, not a licence to practise law.

Sources

• Constitution of India: Article 22(1) and 22(2)
• Bharatiya Nagarik Suraksha Sanhita, 2023: Sections 35, 36, 38, 43(5), 47, 48, 53, 58, 482
• D.K. Basu v. State of West Bengal, Supreme Court, 1997
• Legal Services Authorities Act, 1987: Section 12

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

The Reserve Bank Integrated Ombudsman Scheme, 2026 (RB-IOS 2026) applies from 1 July 2026 and lets you complain free of charge against banks and other RBI-regulated entities at cms.rbi.org.in. You must first complain to the bank. If the bank rejects it, does not reply within 30 days, or replies unsatisfactorily, you can approach the Ombudsman within 90 days. There is no cap on the disputed amount, and compensation can go up to ₹30 lakh for consequential loss plus ₹3 lakh for time, expenses and harassment.

What changed with RB-IOS 2026

RB-IOS 2026 replaced the 2021 scheme from 1 July 2026. Complaints filed before that date continue under the 2021 scheme. The single most practical change for customers is the time limit: under the 2021 scheme you had one year after the bank’s reply, while under the 2026 scheme the complaint must be filed within 90 days after the bank’s reply period expires or the bank’s last communication, whichever is later. Many people lose their remedy simply by waiting, so treat 90 days as a hard deadline.

The scheme covers banks and other entities regulated by RBI, including eligible NBFCs, non-bank prepaid payment instrument issuers and credit information companies, subject to its conditions and exclusions.

Step by step: filing an Ombudsman complaint

1. Complain to the bank first. Write to the branch or the bank’s grievance email or portal. State the facts, the amount, the relief you want, and attach documents. Save the complaint number and acknowledgement.
2. Wait for 30 days or until the bank replies. Escalating to the bank’s nodal officer within this period is sensible.
3. Go to cms.rbi.org.in if the bank rejects the complaint, does not reply in 30 days, or you are not satisfied. Choose the regulated entity, fill in your details and the grievance, and upload documents.
4. File it yourself or through an authorised representative. An advocate cannot act as your representative unless the advocate is the aggrieved person.
5. Address it to the RBI Ombudsman directly. A complaint where RBI is merely copied on an email to the bank does not count.
6. Track and respond. Note the complaint number, reply to any queries quickly and keep copies of everything.

What to attach

• Copy of your complaint to the bank and its acknowledgement or complaint number.
• The bank’s reply, if any, or proof that 30 days passed without reply.
• Bank statements showing the disputed debit or charge.
• Transaction IDs, UTR numbers, SMS or email alerts.
• For fraud: 1930 or cybercrime.gov.in acknowledgement and FIR copy.
• Any other papers: loan sanction letter, card statement, correspondence.
• Identity details and, if using a representative, an authorisation.

When the Ombudsman will not take up a complaint

Complaints that fail the eligibility conditions in Clause 5(1) or fall under the exclusions in Clause 5(2) are rejected at the outset. The main grounds:

• No prior complaint to the bank, or 30 days have not passed without a reply.
• Filed after the 90-day window.
• Not addressed directly to the Ombudsman, or not lodged personally or through an authorised representative.
• Incomplete, abusive, frivolous or vexatious.
• The same grievance is pending before, or already decided on merits by, the Ombudsman or a court, tribunal, arbitrator or other forum.
• Barred by limitation under the Limitation Act, 1963.
• Commercial judgment of the bank (for example, a decision whether to grant a loan), vendor disputes, grievances against management, or employer-employee disputes.
• Action taken by the bank on the order of a court or law enforcement authority (for example, a freeze ordered by police).
• Services outside RBI’s regulatory purview, and credit report grievances that have a remedy under Section 18 of the Credit Information Companies (Regulation) Act, 2005.

Example

Meena in Patna is charged ₹4,500 in hidden fees on a personal loan. She writes to the bank on 1 August with her loan statement. The bank does not reply. On 5 September, after 30 days have passed, she files on cms.rbi.org.in with her complaint copy, the bank’s acknowledgement and the statement, well inside the 90-day window.

Frequently asked questions

Is there any fee to complain to the RBI Ombudsman?

No. The scheme is free for customers.

How long do I have to file?

Within 90 days after the bank’s reply period expires or the date of its last communication, whichever is later.

Is there a limit on the amount I can claim?

There is no limit on the disputed amount. Compensation for consequential loss is capped at ₹30 lakh, plus up to ₹3 lakh for time, expenses, harassment and mental anguish.

Can my lawyer file it for me?

An advocate cannot act as an authorised representative under the scheme unless the advocate is the aggrieved person. You can file yourself easily online.

My complaint was filed in June 2026. Which scheme applies?

Complaints filed before 1 July 2026 continue under RB-IOS 2021.

Quick quiz

Learn bank complaints, fraud refunds and consumer remedies in the Everyday Law for Every Indian course (₹349).

Sources

• Reserve Bank Integrated Ombudsman Scheme, 2026: Clause 5(1) (eligibility), Clause 5(2) (exclusions), compensation provisions
• Reserve Bank Integrated Ombudsman Scheme, 2021 (for complaints filed before 1 July 2026)
• Credit Information Companies (Regulation) Act, 2005: Section 18
• Limitation Act, 1963

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

If the police refuse to register an FIR for a cognizable offence, send the substance of your complaint in writing to the Superintendent of Police under Section 173(4) of the BNSS. If that also fails, apply to the Magistrate under Section 175(3) BNSS with an affidavit, asking for a direction to investigate. The Supreme Court in Lalita Kumari (2013) held that registering an FIR is mandatory when a cognizable offence is disclosed.

Why police refuse, and why that is usually wrong

Common reasons given at the desk: “the crime happened in another area”, “this is a civil matter”, “bring proof first”, “compromise kar lo”. The first is no longer an excuse at all: Section 173(1) BNSS allows information to be given at any police station irrespective of where the offence happened (zero FIR). The others are valid only in limited cases.

In Lalita Kumari v. Government of Uttar Pradesh (2013), the Supreme Court said that if the information discloses a cognizable offence, the FIR must be registered. A preliminary inquiry is allowed only in limited categories. Under the BNSS, a statutory preliminary enquiry is permitted for offences punishable with 3 years or more but less than 7 years, with DSP-level permission, and it must be finished within 14 days (Section 173(3)). If your offence is punishable with seven years or more, there is no room for delay.

Genuine exceptions: if the facts disclose only a non-cognizable offence, police enter it in a register and refer you to the Magistrate. If the dispute is purely civil (for example, a simple non-payment with no deception from the start), police may be right that a civil remedy fits better. Be honest with yourself about which category your matter falls into.

Step-by-step escalation

1. Give a written complaint at the police station. Take two copies. Ask the duty officer to stamp or sign the second copy as received. If they refuse to receive it, note the time, date and officer’s name.
2. Send it by post and email. Send the same complaint to the SHO by registered post or speed post with tracking, and to the police station’s official email if available. This creates proof that it was delivered.
3. Approach the Superintendent of Police (Section 173(4)). Send the substance of the information in writing, by post, to the SP (or the Deputy Commissioner of Police in commissionerate cities). Attach the earlier complaint and proof of refusal. Under Section 173(4), the SP, if satisfied that a cognizable offence is disclosed, will either investigate personally or direct a subordinate to investigate.
4. Use the state police online portal. Most state police departments run online complaint portals or apps. File there too and save the acknowledgement number. It adds another dated record.
5. Apply to the Magistrate (Section 175(3)). If the SP route does not work, file an application before the Judicial Magistrate having jurisdiction. Section 175(3) requires that you have already made an application to the SP under Section 173(4), and that your application to the Magistrate is supported by an affidavit. The Magistrate may make such inquiry as needed and consider the police officer’s submissions before ordering investigation.

Keep proof at every stage

Your Section 175(3) application will be judged on paper. Build that paper trail from day one:

• Stamped copy of the complaint given at the police station, or a note of refusal with time and officer’s name.
• Postal receipts and tracking printouts for letters to the SHO and SP.
• Sent emails with attachments (save as PDF).
• Online portal acknowledgements and screenshots.
• All evidence of the offence itself: medical reports, bank statements, messages, photos.
• A simple dated timeline of every step you took.

A real-life style example

Ramesh, a shopkeeper in Kanpur, pays ₹2 lakh to a supplier who vanishes after giving fake invoices and a forged delivery receipt. The local station says it is a “business dispute”. Ramesh gives a written complaint at the station and keeps the stamped copy. Hearing nothing, he sends the complaint with the forged documents to the SP by speed post under Section 173(4) and files on the state police portal. After two weeks with no action, his lawyer files an application under Section 175(3) before the Magistrate, with an affidavit and copies of all postal receipts. The Magistrate calls for a police report and then directs investigation.

Other routes, briefly

Where police misconduct is involved (for example, threats or illegal detention), complaints can also be made to senior officers, to the State or National Human Rights Commission, or to a Police Complaints Authority where the state has set one up. Their powers and procedures differ from state to state, so treat these as additional pressure points, not substitutes for the Section 173(4) and 175(3) route. In serious cases, a writ petition before the High Court is also possible, but courts generally expect you to use the statutory remedies first.

Frequently asked questions

Can I go straight to the Magistrate without writing to the SP?

Under Section 175(3) BNSS, the Magistrate considers an application made after you have approached the SP under Section 173(4). Skipping the SP step weakens your application.

Does the application to the Magistrate need an affidavit?

Yes. Section 175(3) requires the application to be supported by an affidavit.

Can police refuse because the offence happened in another district?

No. A zero FIR must be registered under Section 173(1) BNSS and transferred to the police station with jurisdiction.

Is filing an online complaint the same as an FIR?

Not always. An online complaint is a record that you reported. An e-FIR becomes a registered FIR only after you sign it within three days.

What if the offence is non-cognizable?

Police cannot investigate without a Magistrate’s order. They record it in a register and refer you to the Magistrate.

Quick quiz

To learn the whole FIR, arrest and bail process step by step, take the Everyday Law for Every Indian course (₹349). For section-by-section study of the new codes, see New Criminal Laws: BNS, BNSS and BSA (₹499).

Sources

• Bharatiya Nagarik Suraksha Sanhita, 2023: Sections 173(1), 173(3), 173(4), 175(3)
• Lalita Kumari v. Government of Uttar Pradesh, Supreme Court (Constitution Bench), 2013
• Protection of Human Rights Act, 1993 (general reference to human rights commissions)

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

Under section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (old CrPC section 125), a wife, children and parents who are unable to maintain themselves can ask a Magistrate to order a person with sufficient means to pay a monthly maintenance allowance. The case can be filed where the husband is, where either spouse resides, where they last lived together, or where the father or mother resides. There is no upper ceiling on the amount, interim maintenance can be ordered during the case, and default can lead to a warrant and imprisonment of up to one month for each month’s default.

Who can claim and against whom

Section 144 is a quick, social justice remedy meant to prevent destitution. A person “having sufficient means” who neglects or refuses to maintain the following can be ordered to pay:

• Wife who is unable to maintain herself. “Wife” includes a divorced woman who has not remarried. A wife living separately without sufficient reason, living in adultery, or separating by mutual consent is not entitled.
• Minor children, legitimate or illegitimate, whether married or not (for a married minor daughter, only until she attains majority if her husband lacks means).
• Adult children (other than a married daughter) unable to maintain themselves because of physical or mental abnormality or injury.
• Father or mother unable to maintain themselves. A daughter with means can also be asked to maintain her parents.

“Unable to maintain herself” does not mean she must be starving. A wife who earns a small amount can still claim if it is not enough to live in the standard she had in the matrimonial home.

Where and how to file

1. Choose the place. Under section 145(1), proceedings can be taken in any district where the respondent is, where he or his wife resides, where he last resided with his wife (or the mother of the illegitimate child), or where his father or mother resides. A wife who has moved back to her parents in Gorakhpur can file in Gorakhpur.
2. Choose the court. Where a Family Court has been set up under the Family Courts Act, 1984, it hears these cases; elsewhere, the Judicial Magistrate.
3. Draft the application. State the marriage or relationship, the children, the neglect or refusal, your needs and the respondent’s income and assets.
4. File the affidavit of assets and liabilities in the format laid down in Rajnesh v. Neha (2020). The respondent must file his too.
5. Ask for interim maintenance in a separate application right at the start.

How the amount is decided

There is no formula and no cap. In Rajnesh v. Neha (2020), the Supreme Court set out the factors and procedure for maintenance cases across laws:

• both parties must file sworn affidavits disclosing income, assets and liabilities;
• the court looks at the status of the parties, reasonable needs of the wife and children, the respondent’s income and liabilities, the standard of living in the matrimonial home, and whether the wife works;
• maintenance is generally payable from the date of the application;
• where maintenance is claimed under more than one law, the court should take earlier awards into account and adjust, so there is no double payment.

Example: Pooja and Vikas lived in Bhopal. Vikas earns ₹70,000 a month and has no other dependants. Pooja, who left her job after marriage, and their four-year-old son live with her parents. The Magistrate looks at both affidavits, the child’s school fees and their earlier lifestyle, and fixes an amount for each of them. The exact figure depends on evidence, not a fixed percentage.

Enforcement if he does not pay

Under section 144(3), if the person ordered fails without sufficient cause to pay, the Magistrate may issue a warrant to levy the amount due as fines are levied, and may sentence him to imprisonment of up to one month for each month’s allowance remaining unpaid, or until payment if sooner. Apply for recovery promptly: the law requires the application for a warrant to be made within one year from the date the amount became due. Keep a month-wise chart of arrears.

Relationship with the DV Act and HAMA

Section 144 is not the only route. A wife can also seek monetary relief under the Protection of Women from Domestic Violence Act, 2005 (see domestic violence complaint procedure), and Hindus can claim maintenance under the Hindu Adoptions and Maintenance Act, 1956, or in divorce proceedings under the Hindu Marriage Act. These remedies can run side by side, but the courts adjust amounts so that the same need is not paid twice.

Frequently asked questions

Is there a maximum amount under section 144?

No. The ceiling that once existed was removed in 2001 and BNSS does not have one.

Can a working wife claim maintenance?

Yes, if her income is not enough to maintain the standard of living she had. The court considers her earnings.

Can parents claim against a son?

Yes, under section 144, and also under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 before the Maintenance Tribunal.

Can a husband claim maintenance under section 144?

No. Section 144 covers wife, children and parents. A husband may claim under other laws such as the Hindu Marriage Act in matrimonial proceedings.

From which date is maintenance paid?

Generally from the date of the application, as held in Rajnesh v. Neha.

Quick quiz

To understand family law remedies clearly, take Everyday Law for Every Indian.

Sources

• Bharatiya Nagarik Suraksha Sanhita, 2023, sections 144 and 145
• Code of Criminal Procedure, 1973, section 125 (repealed)
• Family Courts Act, 1984
• Protection of Women from Domestic Violence Act, 2005
• Hindu Adoptions and Maintenance Act, 1956
• Rajnesh v. Neha (Supreme Court, 2020)

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

If your landlord is not returning your security deposit, send a written demand first, then a legal notice, and if that fails, recover the money through a civil suit for recovery (or a Rent Authority, in states whose tenancy law gives it that power). A landlord can deduct only for unpaid rent, unpaid dues you agreed to bear, or real damage beyond normal wear and tear. Under the Model Tenancy Act, 2021 and the Uttar Pradesh tenancy law of 2021, the deposit for a residential tenancy cannot exceed two months’ rent.

What the law says about the deposit

The Model Tenancy Act, 2021 is a model law released by the Centre. It binds only those states that have adopted it through their own legislation. Section 11 of the model law caps the security deposit at two months’ rent for residential premises and six months’ rent for non-residential premises, and requires the landlord to refund it when he takes over vacant possession, after making lawful deductions.

Elsewhere, your rent agreement and the general law of contract govern. Uttar Pradesh has its own law on similar lines: the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021. It keeps the same two months and six months caps on deposits (section 11). Update: on 21 August 2026 the Allahabad High Court, in Inder Bhushan Sawhney v. Kanchan Kumari Jain, struck down sections 8, 9, 10, 38 and 42 of the Act (the Rent Authority’s rent-fixing powers, the clause that moved cases away from the Small Causes Court, and the overriding clause) and revived the 1972 rent law to that extent. The deposit cap in section 11 was not among the provisions struck down, but which forum hears a UP tenancy dispute is now unsettled, so take local advice before filing.

Lawful and unlawful deductions

A deposit secures the landlord against loss. It is not a fee for leaving. Most disputes turn on one question: was the item damaged, or just used?

• Lawful: rent you did not pay, electricity or water bills left unpaid, maintenance charges you agreed in writing to bear, a broken window, a cracked washbasin, a missing fitting listed in the inventory.
• Usually unlawful: faded paint after two years, small nail holes for photo frames, ordinary wear on floors and switches, “repainting charges” when the agreement says nothing about repainting, a flat “cleaning fee” not agreed in writing.
• Grey area: a clause saying the tenant will repaint at the time of leaving. If you signed it, the landlord may deduct a reasonable painting cost. He still cannot inflate it.

Normal wear and tear is not damage. A landlord who wants to deduct for damage should be able to show what was damaged and roughly what the repair costs. Ask for that in writing.

Step-by-step: how to get your deposit back

1. Hand over properly. Return the keys against a signed handover note with the date. Take dated photos and a short video of every room, meter readings included.
2. Send a written demand. A WhatsApp message or email is fine at this stage. State the deposit amount, the date you vacated, and a deadline of 7 to 15 days for refund. Attach the photos.
3. Send a legal notice. If the demand is ignored, a legal notice through an advocate usually works. It should state the facts, the amount, the deduction dispute if any, interest claimed, and the action you will take. See how to send a legal notice in India.
4. Approach the Rent Authority. Where your state’s law sets up a Rent Authority with power over deposits, a dispute can be raised there. In Uttar Pradesh, after the August 2026 High Court ruling, a civil suit or a Small Causes Court claim is the safer route; confirm with a local lawyer.
5. File a civil suit for recovery. If there is a written rent agreement mentioning the deposit, a summary suit under Order XXXVII of the Code of Civil Procedure, 1908 is often possible. In a summary suit the landlord must take leave of the court to defend, which makes delay harder.

Why the consumer forum is usually the wrong door

Many tenants first think of a consumer complaint. A tenancy with a private individual landlord is generally not treated as a “service” bought by a consumer under the Consumer Protection Act, 2019. The relationship is one of landlord and tenant under property and contract law. So the consumer commission is generally not the route for getting a deposit back from a private landlord. The position can differ where a commercial operator is selling a package of services, such as some co-living or paying guest businesses, but do not assume it. Use the rent law route or a civil suit unless an advocate has checked your facts.

Real-life example

Ritika rented a 2BHK in Gomti Nagar, Lucknow for ₹18,000 a month and paid ₹36,000 as deposit. When she left after 22 months, the landlord kept ₹30,000 for “repainting and repairs”. Her agreement had no repainting clause. She had a signed handover note and a video. She sent a written demand, then a legal notice asking for refund within 15 days. The landlord returned ₹33,000, keeping ₹3,000 for a broken geyser switch she admitted. Her paperwork did the work.

Prevention: before your next rental

• Insist on a written, registered or at least notarised agreement stating the deposit, the refund timeline and what deductions are allowed. See rent agreement in Uttar Pradesh.
• Pay the deposit by bank transfer, never cash without a receipt.
• Make a move-in inventory with photos, signed by both sides.
• Keep every rent receipt and bill payment proof till the deposit is back.

Frequently asked questions

Can a landlord adjust the deposit against the last month’s rent?

Only if both sides agree. A tenant cannot unilaterally stop paying the last months’ rent and ask the landlord to adjust, unless the agreement allows it.

My landlord took six months’ deposit for a flat. Is that legal?

In Uttar Pradesh, and in states that adopted the Model Tenancy Act, the residential cap is two months’ rent. In other states, check your state’s law; the agreement usually governs.

Is a WhatsApp chat valid proof?

Yes, electronic records are admissible under the Bharatiya Sakshya Adhiniyam, 2023, subject to the certificate requirements for electronic evidence. Keep the original phone and backups.

Do I need an advocate to send a legal notice?

No law requires it, but a notice from an advocate is taken more seriously and is drafted with the later case in mind.

Quick quiz

Want the full picture on tenancy, property and everyday disputes? Take Everyday Law for Every Indian.

Sources

• Inder Bhushan Sawhney v. Kanchan Kumari Jain, Allahabad High Court (Division Bench), 21 August 2026
• Model Tenancy Act, 2021, section 11
• Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021 (UP Act 16 of 2021)
• Code of Civil Procedure, 1908, Order XXXVII
• Indian Contract Act, 1872
• Consumer Protection Act, 2019
• Bharatiya Sakshya Adhiniyam, 2023

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

An FIR (First Information Report) is now registered under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced Section 154 CrPC from 1 July 2024. You can give the information orally, in writing or electronically at any police station, whatever the place of the offence (zero FIR). An e-FIR must be signed by you within three days, and you are entitled to a free copy of the FIR.

What an FIR is, and when police must register it

The FIR is the first written record of a cognizable offence. A cognizable offence is one where police can arrest without a warrant and start investigation without a Magistrate’s order: theft, robbery, cheating, rape, assault causing hurt with weapons, dowry death, and so on. The First Schedule of the BNSS tells you whether an offence is cognizable.

In Lalita Kumari v. Government of Uttar Pradesh (2013), a Constitution Bench of the Supreme Court held that registration of an FIR is mandatory when the information discloses a cognizable offence. The officer cannot ask you to “first bring proof” or tell you to settle the matter. The Court did allow a limited preliminary inquiry in some categories (such as matrimonial disputes, commercial offences and medical negligence), and the BNSS now gives a statutory version of that, explained below.

Zero FIR and e-FIR: the two big changes

Zero FIR. Section 173(1) says the information may be given “irrespective of the area where the offence is committed”. So if Priya’s handbag is snatched in Lucknow’s Hazratganj but she reaches a police station in Gomti Nagar first, the Gomti Nagar police must record it. The FIR is then transferred to the police station that has jurisdiction for investigation.

e-FIR. Information can also be given by electronic communication. Under Section 173(1)(ii), an e-FIR is taken on record once the person giving it signs it within three days. Many state police websites and apps accept online complaints, and some allow e-FIRs for specified offences such as vehicle or mobile theft. If you file online, note the reference number and go to the police station to sign within three days. If you do not sign, it does not become a registered FIR.

Step by step: filing an FIR at the police station

1. Go to the nearest police station. Jurisdiction is not a valid reason to turn you away.
2. Give the information orally or in writing. A typed or handwritten complaint signed by you is best, because it fixes your version.
3. If given orally, the officer must reduce it to writing and read it over to you. Check it before you sign.
4. Sign the FIR only when it matches what you said. Correct mistakes in names, times and amounts on the spot.
5. Collect your free copy (Section 173(2)). Note the FIR number, date, police station and the sections mentioned.
6. Keep a receipt of anything you hand over: documents, CCTV footage, screenshots.

What to write in your complaint

• Who: your name, address, phone number; the accused’s name and description if known.
• What: exactly what happened, in order. Avoid adjectives; state facts.
• When and where: date, approximate time and the exact place.
• Loss or injury: items stolen with approximate value, amount cheated, injuries suffered.
• Witnesses: names and contact details of anyone who saw it.
• Evidence: list of documents, photos, videos, bank entries you have.
• Delay: if you are reporting late, give the reason honestly. Unexplained delay is often used against complainants later.

You do not have to cite sections. If you do, police and courts will still decide the correct ones. Do not exaggerate. An FIR is a public document and contradictions with your later statements can weaken the case.

Preliminary enquiry and non-cognizable cases

Preliminary enquiry (Section 173(3)). For offences punishable with three years or more but less than seven years, the officer may, with permission of an officer not below the rank of Deputy Superintendent of Police, conduct a preliminary enquiry within 14 days to see whether there is a prima facie case. For offences punishable with seven years or more, the FIR must be registered straight away.

Non-cognizable offences. For minor offences that are non-cognizable (for example, some cases of simple insult or minor hurt), police record the substance in a register, commonly called an NCR (non-cognizable report), and refer you to the Magistrate. Police cannot investigate a non-cognizable case without a Magistrate’s order. Ask for a copy or the NCR number for your record.

Common mistakes to avoid

• Waiting for days to “collect proof” before reporting. Report first, add evidence later.
• Signing a blank or incomplete paper.
• Leaving without the FIR copy or number.
• Filing an online complaint and never going to sign the e-FIR within three days.
• Accepting a “complaint received” stamp when the facts show a cognizable offence. If the FIR is refused, use the escalation steps in our guide on what to do when police refuse to register an FIR.

Frequently asked questions

Can the police refuse an FIR because the crime happened in another area?

No. Section 173(1) BNSS allows information to be given irrespective of where the offence was committed. The station must record it as a zero FIR and transfer it.

Is the FIR copy free?

Yes. Section 173(2) BNSS says a copy shall be given free of cost to the informant or the victim.

How long do I have to sign an e-FIR?

Three days. An e-FIR is taken on record only after the informant signs it within three days, under Section 173(1)(ii).

Can police hold an enquiry before registering my FIR?

Only for offences punishable with 3 years or more but less than 7 years, with DSP-level permission, and the enquiry must finish within 14 days (Section 173(3)).

What if my matter is non-cognizable?

Police record it in the station register and refer you to the Magistrate. They need the Magistrate’s order to investigate.

Quick quiz

Want the full picture of FIR, arrest, bail and more in one place? Take the Everyday Law for Every Indian course (₹349). For a deeper study of the new codes, see the New Criminal Laws: BNS, BNSS and BSA course (₹499). Both are certificates of completion, not professional qualifications.

Sources

• Bharatiya Nagarik Suraksha Sanhita, 2023: Section 173 (information in cognizable cases), First Schedule
• Lalita Kumari v. Government of Uttar Pradesh, Supreme Court (Constitution Bench), 2013
• Code of Criminal Procedure, 1973: Section 154 (repealed, for comparison)

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