Category: Templates and Formats

Legal Heir Certificate UP: Varisan Praman Patra Guide

Last updated: 18 October 2026

Short answer: In Uttar Pradesh, a legal heir certificate (often called varisan praman patra or uttaradhikar praman patra) is issued by the Tehsil where the deceased lived, after the revenue staff verify the family. Apply at the Tehsil, or through the e-District UP portal or a Jan Seva Kendra where your district offers the service online, with the death certificate, an affidavit listing all heirs, identity proofs and proof of relationship. In villages, a certified extract of the parivar register (family register) kept by the Gram Panchayat is usually the strongest proof of who the family members are. The certificate identifies heirs for administrative purposes; it is not a succession certificate and does not by itself transfer property.

What the certificate is used for

Family pension, gratuity and provident fund claims of a deceased employee or pensioner.
Claims for dues, compensation or insurance where the payer asks for proof of heirs.
Transfer of electricity, water, gas and telephone connections, and of house tax or municipal records.
Bank claims where the bank accepts it with an indemnity instead of a court certificate.

It is evidence of relationship, accepted at the discretion of the office concerned. Where an institution insists on statutory protection before paying out debts or securities, it will ask for a court issued succession certificate instead. See our guide to the succession certificate procedure for that route.

Three documents people confuse

Document	Issued by	Purpose
Legal heir certificate (varisan praman patra)	Tehsil (revenue department)	Identifies the surviving heirs for administrative claims
Parivar register extract (kutumb register ki nakal)	Gram Panchayat, through its secretary	Certified copy of the village family register showing household members
Succession certificate	District Judge, under the Indian Succession Act, 1925	Authority to collect debts and securities of the deceased, with statutory protection to payers

Who can apply

Any heir of the deceased, usually the spouse, a son or a daughter, can apply. The application should name every surviving heir, including married daughters and heirs living elsewhere. Who counts as an heir depends on the personal law that applies to the deceased (for Hindus, the Hindu Succession Act, 1956), so prepare the family tree carefully before applying.

Documents checklist

Document	Notes
Death certificate of the deceased	From the Gram Panchayat or municipal body where the death was registered
Application form	Tehsil form, or the online form where available
Affidavit of the applicant	Lists all heirs with name, age, relationship and address, and states that no heir has been left out
Identity proof of the applicant and heirs	Aadhaar, voter ID or similar
Proof of relationship	Parivar register extract in villages, ration card, birth certificates, school records, service records
Address proof of the deceased	Shows the Tehsil’s jurisdiction
Passport size photographs	As required by the Tehsil

Step by step process

Get the death certificate and, in a village, a certified copy of the parivar register showing the deceased and the family.
Prepare and notarise the affidavit listing all heirs. Our Hindi guide on shapath patra format and notary process explains how affidavits are attested.
Apply. Several district administration websites, Chandauli for example, list the legal heir certificate as a Tehsil service with a link to the e-District UP portal. Where your district has not put it online, submit the application at the Tehsil office. Keep the application or receipt number.
Verification. Revenue staff verify the family details. Be available and keep the originals ready.
Issue. If the verification report is satisfactory, the Tehsil issues the certificate. Check spellings and the list of heirs before you leave, since corrections later take time.

Fee and timeline

We could not confirm a single statewide fee or time limit for this certificate from official sources. Expect a nominal application or service charge at the Tehsil or e-District centre, plus the stamp paper and notary charges for the affidavit. The time taken depends mainly on the field verification. Ask the Tehsil for the expected date when you apply, and use the application number to follow up.

The parivar register in villages

Every Gram Panchayat in UP keeps a family register under the U.P. Panchayat Raj (Maintenance of Family Registers) Rules, 1970. It lists each household and its members. Certified copies (nakal) are given by the Gram Panchayat secretary. The State has been working on digitising these registers so that copies can be obtained online; check with your Gram Panchayat or block office whether your village’s register is available that way.

If a name is missing or wrong, apply for correction before applying for the legal heir certificate. Under the 1970 Rules, the Assistant Development Officer (Panchayat) decides inclusion after an inquiry, and an appeal lies to the Sub-Divisional Officer within 30 days.

Agricultural land: varasat in the khatauni

For agricultural land, the heirs’ names are entered in the record of rights (khatauni) through varasat, which is a separate process under the U.P. Revenue Code, 2006:

Section 33: a person who obtains possession of land by succession reports it to the Revenue Inspector. If the case is undisputed, the succession is recorded in the khatauni; if disputed, the matter goes to the Tehsildar.
Section 35: the Tehsildar inquires and decides disputed cases. A person aggrieved can appeal to the Sub-Divisional Officer within 30 days.

For houses and plots in towns, heirs apply for mutation in the municipal records, usually with the death certificate, legal heir certificate and consent affidavits of the other heirs.

Free sample: heirship affidavit (short)

AFFIDAVIT

I, [name], son/daughter/wife of [name], aged [ ] years, resident of [village/mohalla, post, Tehsil, District], do hereby solemnly affirm and state as follows:

1. That my [relationship], late [name of deceased], son/daughter/wife of [name], resident of [address], died on [date] at [place]. A copy of the death certificate is attached.

2. That the deceased is survived by the following legal heirs only:
(a) [name], [relationship], aged [ ], resident of [ ]
(b) [name], [relationship], aged [ ], resident of [ ]
(c) [name], [relationship], aged [ ], resident of [ ]

3. That apart from the persons named above, the deceased has no other legal heir, and no heir has been concealed.

4. That this affidavit is being given for obtaining a legal heir certificate from the Tehsil [name].

Verification: I, the above deponent, verify that the contents of paragraphs 1 to 4 are true to my knowledge, nothing material has been concealed and no part is false. Verified at [place] on [date].

[Signature of deponent]

A false affidavit can lead to cancellation of the certificate and criminal proceedings, so list every heir.

Need the complete, editable set? The Lexfolio Will and Succession Kit includes no objection affidavits for legal heirs, a relinquishment deed, a family settlement memorandum, a succession certificate petition and will formats, with a checklist for heirs dealing with banks, pensions and land records.

Common problems and how to avoid them

A heir left out: married daughters are heirs under the Hindu Succession Act. Omitting anyone can lead to objections and cancellation.
Name mismatch across Aadhaar, ration card and parivar register: correct the records first, or file an affidavit explaining the variation. Our guide on affidavits for name change and address proof helps.
Death not registered: get the death registered first; delayed registration has its own procedure.
Family dispute: where heirs disagree, expect objections and delay; a contested question of heirship is ultimately decided by the civil court.

If you are planning ahead for your own family, a valid will avoids most of these steps. See how to write a will in India.

Frequently asked questions

Who issues the legal heir certificate in UP?

The Tehsil of the area where the deceased ordinarily lived, after verification by revenue staff.

Can I apply online on e-District UP?

In districts that offer the service online, yes, through the e-District UP portal or a Jan Seva Kendra. Otherwise apply at the Tehsil office. Check your district’s website or ask at the Tehsil.

Is a parivar register copy the same as a legal heir certificate?

No. The parivar register extract shows household members recorded by the Gram Panchayat. It is strong supporting evidence, but offices that ask for a legal heir certificate usually want the Tehsil certificate.

Can a legal heir certificate transfer land?

Not by itself. Agricultural land is entered in the heirs’ names through varasat under the U.P. Revenue Code, 2006; urban property through mutation in municipal records.

Do banks accept a legal heir certificate?

Many do for smaller claims, usually with an indemnity bond from the heirs. For larger amounts or securities, a bank may insist on a succession certificate from the District Judge.

*This article is general information, not legal advice.*

18 October 2026

How to File a Cheque Bounce Case: Complaint Guide

Last updated: 18 October 2026

Short answer: If the drawer does not pay within 15 days of receiving your section 138 demand notice, file a written complaint under sections 138 and 142 of the Negotiable Instruments Act, 1881 before the Judicial Magistrate of the first class (or Metropolitan Magistrate) within one month from the day after those 15 days end. File in the court having jurisdiction over the branch of your bank where you deposited the cheque. Attach the original cheque, the return memo, the notice with proof of delivery and your evidence affidavit. The case is tried summarily, the court may order up to 20 per cent interim compensation, and the parties can settle at any stage.

Where the complaint fits in the timeline

Step	Time limit	Provision
Demand notice	Within 30 days of the bank’s return memo	Section 138, proviso (b)
Drawer’s time to pay	15 days from receipt of notice	Section 138, proviso (c)
Complaint	Within one month of the cause of action (the day after the 15 days expire)	Section 142(1)(b)
Delayed complaint	Court may take cognizance if the complainant shows sufficient cause	Proviso to section 142(1)(b)

If you have not yet sent the notice, start with our guide to the cheque bounce notice under section 138, which includes a free notice sample and a worked example of the dates. A complaint filed before the 15 day period ends is premature, so count carefully.

Who can file

The payee or the holder in due course of the cheque. Section 142(1)(a) requires a complaint in writing by one of them.
A company or firm files through an authorised representative, with a board resolution or authority letter. In A.C. Narayanan v. State of Maharashtra, (2014) 11 SCC 790, the Supreme Court accepted complaints through a power of attorney holder, but held that the holder should have witnessed the transaction or have due knowledge of it, and the complaint should say so.

Name every person liable. Where the drawer is a company, section 141 also makes liable every person who was in charge of and responsible for the conduct of its business when the offence was committed, so name the directors or partners who fit that description and plead their role specifically.

Which court

Section 142(2), inserted in 2015, fixes territorial jurisdiction:

if the cheque was delivered for collection through an account, the court within whose local limits the branch of the bank where the payee or holder in due course maintains that account is situated;
if the cheque was presented for payment otherwise (for example, over the counter), the court within whose local limits the drawer’s bank branch is situated.

Section 143 says the case is tried by a Judicial Magistrate of the first class or a Metropolitan Magistrate. Some districts have designated particular courts for NI Act cases, so confirm the right court at the filing counter.

What to write in the complaint

The parties, with full addresses, phone numbers and e-mail IDs of the accused (useful for electronic service of summons).
The underlying debt or liability, with dates and documents.
Cheque details: number, date, amount, drawee bank and branch.
Date of presentation, date of return and the reason in the memo.
Date of notice, mode of dispatch, date of delivery (or refusal), and the drawer’s reply, if any.
Failure to pay within 15 days, and the date the cause of action arose.
Facts showing limitation and jurisdiction are satisfied.
The prayer: summon, try and punish the accused under section 138, and award compensation.

In Sanjabij Tari v. Kishore S. Borcar (25 September 2025), the Supreme Court directed that every complaint carry a synopsis in a prescribed format at the front. Check the format your High Court or district court has notified.

Documents to file

Document	Why
Original cheque	Primary evidence; keep certified photocopies
Original return memo	Proves dishonour; section 146 lets the court presume dishonour from the bank’s slip or memo, unless disproved
Copy of demand notice	Proves the statutory demand
Postal receipt, tracking report, delivery proof, e-mail or WhatsApp delivery screenshots	Proves service
Reply of the drawer, if any	Shows the defence raised
Documents of the debt (agreement, invoice, ledger, bank transfer)	Supports the legally enforceable liability
Evidence affidavit of the complainant	Section 145 allows the complainant’s evidence to be given on affidavit
Board resolution or authority letter (company)	Authority of the person filing
Affidavit verifying e-mail and mobile details of the accused	Supports electronic service of summons

What happens after filing

Cognizance and summons

The Magistrate examines the complaint and the affidavit and, if satisfied, takes cognizance and issues summons. In Sanjabij Tari the Supreme Court indicated that no pre-cognizance summons to the accused under section 223 of the BNSS is needed in NI Act complaints. It also directed that summons be served through multiple modes, including e-mail, mobile number or WhatsApp where the complainant gives verified details, as well as dasti service by the complainant with an affidavit of service, and that the summons tell the accused about an online option to pay the cheque amount at the initial stage.

Summary trial

Section 143 directs summary trial. In a summary trial the Magistrate can impose imprisonment up to one year and a fine exceeding five thousand rupees. If a longer sentence may be needed, or summary trial is otherwise undesirable, the Magistrate must hear the parties, record reasons and try the case as a regular summons case. The trial should, as far as practicable, proceed day to day and the court is to try to finish it within six months of the complaint.

Interim compensation under section 143A

Point	Rule
When	In a summary or summons trial, after the accused pleads not guilty; in other cases, after charge is framed
How much	Up to 20 per cent of the cheque amount
Time to pay	60 days from the order, extendable by up to 30 days for sufficient cause
If the accused is acquitted	Complainant repays it with interest at the RBI bank rate, within 60 days (extendable by 30)
Recovery	As if it were a fine
Adjustment	Deducted from any fine or compensation finally awarded

The power is discretionary. In Rakesh Ranjan Shrivastava v. State of Jharkhand, 2024 INSC 205, the Supreme Court held that interim compensation is not automatic: the court must see a prima facie case, weigh the defence, may consider the accused’s financial distress, and must record brief reasons for the amount.

Settlement and compounding

Section 147 makes every offence under the Act compoundable. In Meters and Instruments v. Kanchan Mehta, (2018) 1 SCC 560, the Supreme Court said that where the accused pays the cheque amount with interest and costs as assessed by the court, the court may close the proceedings. Sanjabij Tari revised the graded costs first set in Damodar S. Prabhu v. Sayed Babalal H., (2010) 5 SCC 663, so that settlement before defence evidence carries no extra cost while later settlement costs a percentage of the cheque amount. The full table is in our section 138 notice guide.

Punishment and appeal

On conviction, the drawer faces imprisonment up to two years, or fine up to twice the cheque amount, or both (section 138). In an appeal against conviction, the appellate court may order a deposit of at least 20 per cent of the fine or compensation awarded (section 148).

Free sample: skeleton of a section 138 complaint

IN THE COURT OF THE JUDICIAL MAGISTRATE FIRST CLASS, [PLACE]
Complaint Case No. ____ of [year]
[Name, address, phone, e-mail] … Complainant
versus
[Name, address, phone, e-mail] … Accused

COMPLAINT UNDER SECTIONS 138 AND 142 OF THE NEGOTIABLE INSTRUMENTS ACT, 1881

1. The accused owed the complainant Rs [ ] towards [loan dated [ ] / goods supplied under invoice no. [ ]].

2. In discharge of that liability the accused issued cheque no. [ ] dated [ ] for Rs [ ], drawn on [bank, branch].

3. The complainant deposited the cheque in his account with [bank, branch], within the jurisdiction of this Court. It was returned unpaid on [date] with the remark “[reason]”.

4. The complainant sent a demand notice dated [ ] by Speed Post and e-mail, delivered on [date]. The accused failed to pay the cheque amount within 15 days of receipt. The cause of action arose on [date], and this complaint is within the period prescribed by section 142(1)(b).

PRAYER: The complainant prays that this Court take cognizance, summon the accused, try and punish him under section 138 of the Act, direct interim compensation under section 143A, and award compensation equal to [twice] the cheque amount.

[List of documents]
[Signature, verification, date and place]

Need the complete, editable set? The Lexfolio Cheque Bounce Case Kit gives you editable formats for the full complaint, evidence affidavit, section 143A application and settlement terms, with a worked timeline table and filing checklist.

Common mistakes

Filing before the 15 days run out, or after one month without a delay application.
Filing in the drawer’s city when the cheque was deposited in your own account elsewhere.
Omitting the directors in charge where the drawer is a company, or naming them without pleading their role.
Not filing the original cheque and memo.
Adding unrelated claims; recover other dues separately, for example after a legal notice for recovery of money.

Frequently asked questions

What is the time limit to file a cheque bounce case?

One month from the date the cause of action arises, which is the day after the 15 day payment period expires. Later filing needs a delay condonation application showing sufficient cause.

Can I file a cheque bounce case online?

Many district courts accept e-filing through the eCourts services, and the originals are then produced as directed. Check what your district court currently allows.

Do I need to appear in court every date?

The complainant’s evidence can be given on affidavit under section 145, which reduces appearances, but the complainant or authorised representative should attend when required for cross-examination.

Can I file a civil suit as well?

Yes. A section 138 complaint and a civil suit for recovery of the debt are separate remedies and can run side by side.

Is interim compensation automatic?

No. Section 143A uses “may”, and the Supreme Court has held it discretionary. Ask for it by a separate application at the right stage.

*This article is general information, not legal advice.*

18 October 2026

Succession Certificate Procedure: Court, Fee, Documents

Last updated: 18 October 2026

Short answer: A succession certificate is granted by a civil court under Part X (sections 370 to 390) of the Indian Succession Act, 1925 to let an heir collect the debts and securities of a person who has died, such as bank balances, fixed deposits, shares, debentures and amounts owed to the deceased. You file a verified petition before the District Judge of the place where the deceased ordinarily resided, listing the heirs and the debts and securities. The court issues public notice, hears any objections, decides summarily and grants the certificate, often on a security bond. Court fee is charged on the value of the assets at rates that differ from State to State. A succession certificate does not cover land or houses.

Who needs a succession certificate?

You usually need one when a person dies without a will, leaving money or securities that the holder (a bank, company, depository, employer or debtor) will not release to the family without a court document. Section 381 makes the certificate conclusive against the persons who owe those debts or are liable on those securities, and protects anyone who pays the certificate holder in good faith. That statutory protection is why institutions ask for it.

You may not need one where a valid nomination exists and the institution pays the nominee, or where the institution settles small claims on an indemnity under its own policy. Remember that a nominee generally receives the money as a trustee for the legal heirs, so nomination does not decide who ultimately owns it.

Succession certificate vs legal heir certificate vs probate

Point	Succession certificate	Legal heir certificate	Probate
Issued by	District Judge (or a court empowered under section 388)	Revenue authority, usually the Tehsildar	Court of competent jurisdiction
When used	No will; to collect debts and securities	To identify family members for administrative purposes: pension, family claims, utility and record transfers	There is a will; certifies the will and the executor’s authority
Covers	Only the debts and securities listed in it	Does not transfer any asset by itself	The estate covered by the will
Legal effect	Conclusive against debtors; indemnity to those who pay in good faith (section 381)	Evidence of relationship; accepted at the discretion of the receiving office	Conclusive as to the validity of the will
Compulsory?	Required by many institutions in practice	As required by the office concerned	No longer mandatory anywhere after section 213 was omitted by the Repealing and Amending Act, 2025, but still available

For immovable property left without a will, heirs normally apply for mutation in revenue or municipal records on the basis of inheritance. In Uttar Pradesh, our guide to the legal heir certificate and varasat in UP explains the revenue route.

Which court?

Under section 371, the application goes to the District Judge within whose jurisdiction the deceased ordinarily resided at the time of death. If the deceased had no fixed place of residence, it goes to the District Judge within whose jurisdiction any part of the property is found. Section 388 allows the State Government to empower courts below the District Judge to exercise these powers, in which case they have concurrent jurisdiction, so check which court in your district hears these petitions.

What the petition must contain

Section 372 requires a petition signed and verified like a plaint under the Code of Civil Procedure, setting out:

the time of the deceased’s death;
the deceased’s ordinary residence at that time and, if outside the court’s limits, the property within its limits;
the family or other near relatives of the deceased and their residences;
the right in which the petitioner claims;
the absence of any impediment under section 370 or any other law to the grant;
the debts and securities for which the certificate is sought.

A false statement in the verification is a punishable offence, so list every heir, including married daughters and heirs living abroad.

Documents to collect

Document	Purpose
Death certificate	Proves date and place of death
Proof of the deceased’s ordinary residence	Establishes the court’s jurisdiction
Family tree with names, ages, relationship and addresses of all heirs	Clause (c) of section 372
Statements, passbooks, FD receipts, share and demat statements, debt documents	Identify and value each debt and security
Identity proof of the petitioner	Identification
No objection affidavits from other heirs, if they consent	Speeds up an uncontested petition
Legal heir certificate or family register extract, if available	Supporting evidence of relationship

For the format of the consent affidavits, see our guide to affidavit formats.

Step by step procedure

File the petition with the documents and the required court fee or deposit as per local practice.
Notice. If the judge finds ground to entertain it, a hearing date is fixed. Under section 373(1), notice goes to persons the judge thinks should receive special notice (usually the other heirs), is posted in the court house and is published in any other manner the judge directs, commonly a newspaper.
Objections and evidence. Anyone claiming a better right may object. The petitioner usually files an affidavit in evidence.
Summary decision. The judge decides the right to the certificate in a summary manner. If the question is too intricate for summary decision, the certificate may be granted to the applicant who appears to have the best prima facie title (section 373(3)). Where several applicants have an interest, the judge may consider the extent of each one’s interest and their fitness.
Security bond. Under section 375, security is compulsory where the judge proceeds under section 373(3) or (4) and optional in other cases. The bond, with sureties or other security, ensures the holder accounts for what is collected and protects others entitled to it.
Grant. The certificate specifies the debts and securities it covers and the powers granted, such as receiving interest or dividends, or negotiating or transferring securities.

Court fee and timeline

Court fee is ad valorem: a percentage of the value of the debts and securities covered, fixed by each State’s court fee law. Rates, slabs and caps differ widely between States, so check the current schedule in your State before valuing the assets, and value them accurately, since the certificate covers only what is listed.

Timeline: the Act fixes no deadline. The minimum is the notice period fixed by the court plus the hearing dates; a contested petition can take much longer. Filing consent affidavits from all other heirs at the start is the single most effective way to shorten it.

Free sample: opening paragraphs of the petition

IN THE COURT OF THE DISTRICT JUDGE, [DISTRICT]
Succession Case No. ____ of [year]
In the matter of the estate of late [name], resident of [address]
[Name of petitioner] … Petitioner

PETITION UNDER SECTION 372 OF THE INDIAN SUCCESSION ACT, 1925 FOR GRANT OF A SUCCESSION CERTIFICATE

1. Late [name] died intestate on [date] at [place]. A copy of the death certificate is annexed.

2. At the time of death the deceased ordinarily resided at [address], within the jurisdiction of this Court.

3. The deceased left the following legal heirs: [name, relationship, age, address of each].

4. The petitioner is the [relationship] of the deceased and claims the certificate as [heir / on behalf of all heirs]. The other heirs have given their consent by affidavits annexed.

5. There is no impediment under section 370 of the Act or any other law to the grant of the certificate. The deceased left no will.

6. The debts and securities for which the certificate is sought are set out in the Schedule, with a total value of Rs [ ].

PRAYER: The petitioner prays that a succession certificate be granted to him/her in respect of the debts and securities in the Schedule, with power to receive interest and dividends and to negotiate or transfer them.

[Schedule of debts and securities]
[Verification and signature]

Need the complete, editable set? The Lexfolio Will and Succession Kit includes an editable succession certificate petition with schedule, consent affidavits for other heirs and a documents checklist, along with will, codicil and relinquishment deed formats.

After the grant

Extension: if more debts or securities come to light, apply to extend the certificate under section 376 instead of filing afresh.
Revocation: section 383 allows revocation if the proceedings were defective in substance, the grant was obtained by fraud or concealment, or by an untrue allegation of an essential fact, or for other listed reasons.
Appeal: an order granting, refusing or revoking a certificate is appealable to the High Court under section 384.
Not a final word on title: under section 387, the decision does not bar a later suit between the parties on the same right.

Planning ahead avoids all of this. A properly executed will, explained in our guide on how to write a will in India, saves your family a court petition for most assets.

Frequently asked questions

Can a succession certificate be used for a house or land?

No. It covers only the debts and securities listed in it. Immovable property passes by inheritance and is reflected through mutation, or through probate or letters of administration where there is a will or administration is needed.

Can one heir apply on behalf of all?

Yes. One heir commonly applies with the written consent of the others. The holder must account to the other heirs for their shares.

Is a legal heir certificate enough instead?

It depends on the institution. Many accept a legal heir certificate with indemnity for smaller amounts, but a legal heir certificate does not carry the statutory protection of section 381, so others insist on a succession certificate.

How much is the court fee?

It is a percentage of the value of the assets covered, set by your State’s court fee law. Check the current State schedule.

Where do I file if the deceased lived in one city and the bank is in another?

Before the District Judge of the place where the deceased ordinarily resided at the time of death, regardless of where the bank branch is.

*This article is general information, not legal advice.*

18 October 2026

How to Write a Will in India: Rules and Free Sample

Last updated: 18 October 2026

Short answer: To make a valid will in India, write down clearly who gets which property, then sign it at the end in the presence of two witnesses, who must each sign it in your presence (section 63 of the Indian Succession Act, 1925). You must be an adult of sound mind and the will must be made freely. No stamp paper or particular format is required, and registration is optional, including in Uttar Pradesh after the Allahabad High Court’s 2024 ruling. Registration, or depositing the will with the Sub-Registrar in a sealed cover, does make it much harder to challenge or lose.

Validity checklist at a glance

Requirement	What the law says	Provision
Capacity	Every person of sound mind who is not a minor may dispose of property by will	Section 59, Indian Succession Act
Free will	A will obtained by fraud, coercion or importunity that takes away free agency is void	Section 61
Signature of testator	Signed or marked by the testator, or by another person in his presence and by his direction, placed so it is clear the writing is meant to take effect as a will	Section 63(a) and (b)
Attestation	At least two witnesses, each of whom saw the testator sign (or received his acknowledgement of the signature) and signed in his presence; they need not be present at the same time	Section 63(c)
Form	No particular form of attestation is necessary; plain paper is enough	Section 63(c)
Registration	Optional	Section 18, Registration Act, 1908

Who can make a will and over what property

Section 59 explains that a person who is ordinarily insane may make a will in a lucid interval, but no one can make a will while so intoxicated or ill that he does not know what he is doing. Blind or hearing impaired persons can make a will if they understand what they are doing.

A Hindu (including Buddhists, Jains and Sikhs) may bequeath any property he or she can dispose of, including an undivided interest in Mitakshara coparcenary property, under section 30 of the Hindu Succession Act, 1956. You can only give what you own: property held jointly with others passes only to the extent of your share. Muslims are governed by their personal law, under which a bequest generally cannot exceed one third of the estate (after funeral expenses and debts) without the consent of the heirs.

How to write your will, step by step

List your assets. Land and houses (with khasra, khatauni or registry details), bank accounts, fixed deposits, shares and mutual funds, insurance, vehicles, jewellery, business interests. Describe each one well enough that no one can confuse it.
Decide the beneficiaries. Use full names, relationship and age, and say what happens if a beneficiary dies before you.
Appoint an executor. A trusted person who will carry out the will. You can also name an alternate.
Add a residuary clause. Say who receives everything not specifically mentioned, including property you acquire later.
Explain unequal shares. If you leave out a natural heir, give a short reason. Courts treat an unexplained exclusion as one of the circumstances that may call for explanation.
Revoke earlier wills expressly, and date the document.
Sign before two witnesses on every page and at the end, and have both witnesses sign with their names and addresses.

Choosing witnesses

Pick two adults who are independent, likely to be available in future and not beneficiaries. Section 67 of the Indian Succession Act says a will is not invalid merely because a witness or the witness’s spouse benefits under it, but the gift to that witness or spouse is void. The Kerala High Court has observed that this rule may not apply to Hindu wills, because section 57 and Schedule III extend only selected provisions to them. Either way, an interested witness invites suspicion, so avoid it.

Witnesses matter after your death. Under section 67 of the Bharatiya Sakshya Adhiniyam, 2023 (which replaced section 68 of the Evidence Act), a document required by law to be attested cannot be used as evidence until at least one attesting witness, if alive and capable, has been called to prove its execution. The proviso that dispenses with this for registered documents expressly excludes wills. So even a registered will may need a witness to testify if it is disputed. Many people therefore choose younger witnesses and record their phone numbers and addresses.

Should you register the will?

Section 18 of the Registration Act, 1908 places wills among documents whose registration is optional, and section 27 allows a will to be presented for registration at any time. You have two options:

Register it at the Sub-Registrar’s office, appearing in person with your identity proof and witnesses. The registered copy is kept in the office records.
Deposit it in a sealed cover with the Registrar under sections 42 to 46. You can withdraw it during your lifetime, and after your death the Registrar opens it on application and copies it into the register.

Neither step is compulsory, and an unregistered will is not invalid. Registration helps by fixing the date and identity of the testator and reducing the risk of loss or forgery claims.

The Uttar Pradesh position

U.P. Act No. 27 of 2004 amended section 169(3) of the U.P. Zamindari Abolition and Land Reforms Act, 1950 to require that wills of agricultural holdings be registered. In Pramila Tiwari v. Anil Kumar Mishra, 2024:AHC:85067-DB (May 2024), a Division Bench of the Allahabad High Court held that this requirement was repugnant to the Registration Act, 1908 and void to that extent. As a result, a will in Uttar Pradesh is not void merely because it is unregistered, whether it was made before or after the 2004 amendment. Registration remains advisable, particularly for land.

Is probate needed?

Section 213 of the Indian Succession Act used to bar anyone from establishing a right as executor or legatee in court without probate in certain cases, mainly wills of Hindus, Buddhists, Sikhs and Jains made in, or concerning immovable property in, the old presidency towns of Kolkata, Chennai and Mumbai. The Repealing and Amending Act, 2025 (assented to on 20 December 2025) omitted section 213, so probate is no longer mandatory anywhere in India. It is still available, and a probate granted by a court remains the strongest proof of a will when heirs are likely to dispute it or when a bank or institution insists on it.

Free sample: a short will

WILL

I, [full name], son/daughter/wife of [name], aged [ ] years, resident of [full address], being of sound mind and acting of my own free will, make this Will on [date]. I revoke all my earlier wills and codicils.

1. I appoint [name, relationship, address] as executor of this Will, and if he/she is unable or unwilling to act, [alternate name].

2. I give my house at [full address / registry details] to [name, relationship].

3. I give the balance in my savings account no. [ ] with [bank, branch] and my fixed deposits with that bank to [name] and [name] in equal shares.

4. I give all my remaining property, movable and immovable, including property acquired after this date, to [name].

5. If any beneficiary dies before me, his or her share shall go to [name / his or her children equally].

In witness whereof I have signed this Will at [place] on the date mentioned above.

[Signature of testator]

Signed by the testator in our presence, and each of us has signed in the presence of the testator:
1. [Signature, name, address of witness]
2. [Signature, name, address of witness]

This is a minimal outline. Wills involving minors, business assets, property abroad or conditions on gifts need more careful clauses.

Need the complete, editable set? The Lexfolio Will and Succession Kit gives you editable will and codicil formats with clause options for executors, guardians of minors and alternate beneficiaries, plus probate and succession certificate petitions and a checklist for executing a valid will.

Changing or cancelling a will

Under section 70, an ordinary will can be revoked by a later will or codicil, by a signed and attested writing declaring the intention to revoke, or by burning, tearing or destroying it with that intention. Marriage revokes a will under the general rule, but the proviso to section 57 says marriage does not revoke a will made by a Hindu, Buddhist, Sikh or Jain. Small changes can be made by a codicil, which must be signed and attested in the same way as a will. Do not make handwritten corrections on a signed will.

Mistakes that lead to disputes

Only one witness, or witnesses who signed later and not in the testator’s presence.
A beneficiary arranging the will, choosing the witnesses and keeping the testator away from the family. Since H. Venkatachala Iyengar v. B.N. Thimmajamma (Supreme Court, 1958), the person relying on a will has had to remove such suspicious circumstances.
Vague property descriptions such as “my land in the village”.
No residuary clause, so part of the estate passes by intestate succession anyway.
Relying on an electronic or emailed will. The Information Technology Act, 2000 does not apply to wills (section 1(4) read with the First Schedule), so sign a paper original.

If a family member dies without a will, see our guides on the succession certificate procedure and the legal heir certificate in Uttar Pradesh.

Frequently asked questions

Is a handwritten will valid in India?

Yes, if it is signed by you and attested by two witnesses as section 63 requires. Handwritten or typed makes no difference.

Does a will need to be on stamp paper or notarised?

No particular paper is prescribed, and notarisation is not a legal requirement. What matters is the testator’s signature and attestation by two witnesses.

Is registration of a will compulsory in Uttar Pradesh?

No. The Allahabad High Court in Pramila Tiwari (2024) held the 2004 requirement void, so an unregistered will is not invalid in UP. Registration is still advisable.

Can a family member be a witness?

The law does not bar it, but a witness who benefits (or whose spouse benefits) risks losing that gift under section 67 and invites challenge. Independent witnesses are safer.

How many times can I change my will?

As often as you like. Only the last valid will operates, so state clearly in each new will that earlier wills are revoked.

*This article is general information, not legal advice.*

18 October 2026

Mutual Consent Divorce Procedure in India: 13B Guide

Last updated: 18 October 2026

Short answer: Under section 13B of the Hindu Marriage Act, 1955, husband and wife file a joint petition (the first motion) in the Family Court or district court, stating that they have lived separately for one year or more, cannot live together and have agreed to end the marriage. After a waiting period of six months, both make the second motion, which must come within 18 months of filing. The court then passes the decree. The six month wait is not mandatory: the Supreme Court has allowed courts to waive it where the parties have settled everything and reunion is impossible, so the whole process can take from a few weeks to about seven months.

The mutual consent divorce timeline at a glance

Stage	What happens	Time rule
Separation	Spouses live separately, that is, not as husband and wife	One year or more before filing: section 13B(1)
Minimum age of the marriage	No divorce petition can be entertained in the first year of marriage, unless the court allows it for exceptional hardship	Section 14(1) and its proviso
First motion	Joint petition filed; both appear and their statements are recorded	Day 1
Waiver application (optional)	Request to skip the six month wait	Can be filed one week after the first motion, as per Amardeep Singh v. Harveen Kaur
Second motion	Both confirm that consent continues	Not earlier than 6 months and not later than 18 months after the petition was presented: section 13B(2)
Decree	Marriage dissolved from the date of the decree	After the court is satisfied the averments are true

Who can use section 13B

Section 13B applies to marriages governed by the Hindu Marriage Act, which covers Hindus, Buddhists, Jains and Sikhs. Couples married under the Special Marriage Act, 1954 have an almost identical route in section 28 of that Act: one year of separate living, a joint petition, and a second motion between six and eighteen months later. Other communities are governed by their own statutes.

Where to file

Section 19 of the Hindu Marriage Act lets you present the petition to the court within whose local limits:

the marriage was solemnised;
the respondent resides at the time of filing;
the parties last resided together; or
the wife is residing on the date of filing, where she is the petitioner.

Where a Family Court has been set up for the area, the petition goes there instead of the regular district court.

Step by step procedure

Settle the terms first. Agree in writing on permanent alimony (lump sum or instalments), return of stridhan and gifts, custody and visitation of children, child support, and withdrawal of any pending cases between you.
Draft the joint petition. It sets out the date and place of marriage, children, the date from which you have lived apart, the fact that you cannot live together, the agreed terms, and a statement that consent has not been obtained by force, fraud or undue influence. Each party also files a supporting affidavit.
File and appear for the first motion. Both spouses appear before the court, which records their statements. Many courts refer the parties to mediation or counselling at this stage, as Order XXXIIA of the Code of Civil Procedure encourages settlement efforts in family matters.
Wait, or apply for waiver. Either wait six months, or file an application to waive the cooling off period (explained below).
Second motion. Both parties appear again and confirm that they still consent.
Decree. If the court is satisfied that the marriage was solemnised and the averments are true, it passes a decree declaring the marriage dissolved from that date. Obtain a certified copy for your records.

Waiving the six month cooling off period

In Amardeep Singh v. Harveen Kaur, (2017) 8 SCC 746, the Supreme Court held that the six month period in section 13B(2) is directory, not mandatory. A court may waive it after considering whether:

the six month period, along with the one year separation under section 13B(1), has already passed before the first motion (in other words, the couple has in fact been apart for about eighteen months);
all efforts at mediation and conciliation have failed and there is no chance of reunion;
the parties have genuinely settled their differences, including alimony, custody and other pending issues; and
the waiting period would only prolong their agony.

The Court said the waiver application can be filed one week after the first motion, giving reasons. It also said the court may use video conferencing and may permit genuine representation through close relations such as parents or siblings where a party cannot appear in person for a valid reason. Following this, the Allahabad High Court in January 2025 directed a Family Court to let a spouse living abroad appear by video conferencing in mutual consent proceedings.

Separately, a Constitution Bench in Shilpa Sailesh v. Varun Sreenivasan (1 May 2023) held that the Supreme Court itself can dissolve a marriage by mutual consent under Article 142 of the Constitution and dispense with the waiting period. That power belongs only to the Supreme Court, usually in cases already before it.

Can the one year separation also be waived?

A Full Bench of the Delhi High Court in Shiksha Kumari v. Santosh Kumar (17 December 2025) held that the one year separation required by section 13B(1) can be waived by applying the proviso to section 14(1), but only in cases of exceptional hardship to the petitioner or exceptional depravity on the part of the respondent. It added that this waiver and the six month waiver are to be considered independently, and that waiver obtained by misrepresentation can lead to deferment of the decree or dismissal of the petition. This is binding in Delhi; courts in other States may take their own view, so do not assume it will be followed everywhere.

Documents you will need

Document	Why
Marriage certificate, or wedding invitation and photographs	Proves that a marriage was solemnised
Identity and address proof of both spouses	Identification and territorial jurisdiction
Recent passport size photographs	Usually required with the petition and affidavits
Proof of separate residence since the stated date (rent agreement, utility bills, employer letter)	Supports the one year separation
Written settlement terms	Alimony, stridhan, custody, withdrawal of cases
Birth certificates of children, if any	Custody and support arrangements
Affidavits of both parties	Verify the facts and free consent
Details of pending cases between the parties	So that withdrawal can be recorded

If you need an affidavit for a name change on your records after the decree, see our guide on affidavit formats for name change and address proof.

Free sample: core paragraphs of a joint petition

IN THE COURT OF THE PRINCIPAL JUDGE, FAMILY COURT, [CITY]
Petition No. ____ of [year]

[Name of husband], aged [ ], residing at [address] … Petitioner No. 1
[Name of wife], aged [ ], residing at [address] … Petitioner No. 2

JOINT PETITION UNDER SECTION 13B(1) OF THE HINDU MARRIAGE ACT, 1955 FOR DISSOLUTION OF MARRIAGE BY MUTUAL CONSENT

1. The marriage of the petitioners was solemnised on [date] at [place] according to Hindu rites and ceremonies.

2. [No child was born of the marriage / One child, [name], born on [date], is living with Petitioner No. [ ].]

3. Owing to differences in temperament, the petitioners have been living separately since [date], which is more than one year before the presentation of this petition, and have not been able to live together since then.

4. The petitioners have mutually agreed that the marriage should be dissolved. They have settled all claims on the following terms: [alimony, stridhan, custody, withdrawal of cases].

5. The consent of neither petitioner has been obtained by force, fraud or undue influence. There is no collusion between the petitioners, and there has been no unnecessary delay in filing this petition.

6. This Court has jurisdiction because [the marriage was solemnised / the parties last resided together] at [place], within its local limits.

PRAYER: The petitioners pray that this Court may be pleased to dissolve their marriage by a decree of divorce under section 13B of the Hindu Marriage Act, 1955.

[Signatures of both petitioners]
Place: [ ] Date: [ ]
[Verification by both petitioners]

Local practice varies on cause titles, verification and the number of copies, so check the format your court accepts before filing.

Need the complete, editable set? The Lexfolio Mutual Consent Divorce Kit brings together editable formats for each stage of a section 13B case, from the joint petition and affidavits to the waiver application and second motion, with a plain language checklist for settlement terms.

What does a mutual consent divorce cost?

There is no fixed national figure. The total depends on these factors:

Cost factor	What drives it
Court fee	Set by each State’s court fee law; usually a modest fixed amount for a matrimonial petition
Stamp paper and notarisation	Affidavits and the settlement deed; rates vary by State
Professional drafting and appearance fees	City, complexity of the settlement, number of hearings
Alimony and settlement amount	By far the largest component in most cases; agreed between the parties
Travel and time	At least two personal appearances, unless video conferencing is allowed

Withdrawal of consent and other risks

Consent must continue until the decree. In Sureshta Devi v. Om Prakash (1991), followed in Hitesh Bhatnagar v. Deepa Bhatnagar, (2011) 5 SCC 234, the Supreme Court held that either party may withdraw consent at any time before the decree, and without a joint second motion the court cannot grant divorce under section 13B. Two practical lessons follow: tie payments to stages (for example, part on the first motion and the balance on the second), and record in the settlement what happens to amounts already paid if a party withdraws.

Once the decree is passed, appeals are rarely an issue: section 96(3) of the Code of Civil Procedure bars an appeal from a decree passed with the consent of the parties, and section 19(2) of the Family Courts Act, 1984 says the same for Family Court decrees passed by consent. Section 15 of the Hindu Marriage Act permits remarriage once there is no right of appeal against the decree or the appeal period has run out.

Common mistakes

Filing before one year of separation without a waiver application, or giving a separation date that documents contradict.
Vague settlement terms on stridhan or custody, which lead to fresh disputes later.
Paying the entire alimony at the first motion with no safeguard if consent is withdrawn.
Missing the 18 month outer limit for the second motion.
Forgetting to withdraw pending criminal, maintenance or domestic violence cases as agreed.

A Hindi version of this guide is available: आपसी सहमति से तलाक की प्रक्रिया.

Frequently asked questions

How long does a mutual consent divorce take in India?

Normally a little over six months from the first motion, because the second motion cannot be made earlier than six months after filing. If the court waives the waiting period, it can be completed within weeks.

Is personal appearance compulsory?

Courts generally want to hear both parties to confirm free consent. Following Amardeep Singh, courts can allow video conferencing or representation through close relations where a party cannot attend for a valid reason.

Can one spouse back out after the first motion?

Yes. Consent can be withdrawn at any time before the decree. The other spouse may then have to file a contested divorce on a ground under section 13.

What if the second motion is not made within 18 months?

The Supreme Court has said the 18 month limit exists to ensure quick disposal, and that without a joint second motion within that time the court is not bound to grant a decree. Do not let the matter drift: diarise the six month and eighteen month dates on the day you file.

*This article is general information, not legal advice.*

18 October 2026

Affidavit Format for Name Change and Address Proof

Last updated: 18 October 2026

Short answer: An affidavit is a written statement of facts that you swear or affirm before a notary, oath commissioner or magistrate. For a name change, the affidavit states your old name, new name and reason, and is usually followed by notices in two newspapers and publication in the Gazette of India (Part IV) or your State gazette. For address proof, the affidavit states where you live, since when, and in what capacity (owner, tenant, family member). Both must be signed in person before the attesting officer, on stamp paper or e-stamp if your State or the receiving office requires it. Free short samples of both are below.

Affidavit basics in two minutes

Who attests: a notary public (Notaries Act, 1952), an oath commissioner appointed by a court, or a magistrate. Indians abroad can swear before an Indian consular officer.
Oath or affirmation: you may take an oath or make a solemn affirmation under the Oaths Act, 1969. The legal effect is the same.
Stamp duty: an affidavit attracts a small fixed stamp duty under each State’s stamp law, and the amount and exemptions differ by State. Most States now use e-stamp certificates. Ask the notary or the authorised e-stamp vendor for the current amount, and check whether the receiving office wants stamp paper at all.
Appear in person: take original ID. Sign in front of the officer. Never sign in advance and send someone else for the “notary stamp”.
Self-declaration may be enough: the Department of Administrative Reforms and Public Grievances has long advised Government offices to accept self-declarations and self-attested copies instead of affidavits unless a law requires an affidavit. Check the office’s instructions first; it may save you time and money.

Name change affidavit: when and how it is used

India has no single statute on change of name. An adult may adopt a new name for lawful purposes; what matters is proof that the person with the old name and the new name is the same. The usual route is:

Affidavit stating old name, new name, parentage, address and reason, attested by a notary or oath commissioner.
Newspaper notices in one English and one local language newspaper circulating in your area. Keep the full original pages with the date and masthead.
Gazette notification: apply to the Department of Publication, Government of India, for publication in the Gazette of India, Part IV (notices by private individuals) through its e-Gazette system, or to your State Government press for the State gazette. Check the department’s current checklist and fee before applying. Government servants usually need an NOC from their office, and a parent or guardian applies for a minor.
Update your records one by one: Aadhaar, PAN, bank, passport, voter ID, driving licence, employer, insurance and educational records, using the affidavit, newspaper pages and gazette copy.

Reason for change	Usual proof
Marriage (taking spouse’s surname)	Marriage certificate; many authorities accept it without a gazette notification
Divorce (reverting to earlier name)	Divorce decree and affidavit; gazette advisable
Spelling correction or new name	Affidavit, two newspaper notices and gazette notification
Minor’s name	Parent’s affidavit, birth certificate, newspaper notices and gazette

Aadhaar: UIDAI limits the number of times a name can be updated (currently twice in a lifetime, with an exception process beyond that). Decide the exact spelling before you start.

Free sample: name change affidavit

AFFIDAVIT FOR CHANGE OF NAME

I, [NEW NAME] (formerly known as [OLD NAME]), [son / daughter / wife] of [father’s or husband’s name], aged [ ] years, resident of [full address with PIN code], do hereby solemnly affirm and declare as under:

1. That my name is recorded as [OLD NAME] in [school certificates / Aadhaar / PAN / passport / bank records].

2. That I have changed my name from [OLD NAME] to [NEW NAME] with effect from [date] because [reason, for example: of marriage / of a spelling error / of personal preference].

3. That [OLD NAME] and [NEW NAME] are the names of one and the same person, namely me.

4. That I shall hereafter be known by the name [NEW NAME] for all purposes, and I request all authorities to record my new name.

5. That I shall publish the change of name in [newspapers] and get it notified in the [Gazette of India / State Gazette].

Verification: I, the above-named deponent, verify that the contents of paragraphs 1 to 5 of this affidavit are true and correct to my personal knowledge, no part of it is false and nothing material has been concealed. Verified at [place] on [date].

[Signature of deponent]
[Attestation by notary / oath commissioner with seal, registration number and date]

Address proof affidavit: when it works and when it does not

An address affidavit is useful where you have no utility bill or rent agreement in your name, for example when living with parents, in a relative’s home, or in a hostel. It is commonly asked for by schools, colleges, employers, gas agencies and some banks.

Remember two limits. First, many authorities accept only documents from a fixed list (UIDAI for Aadhaar, Passport Seva for passports, banks under their KYC rules), and a self-made affidavit may not be on that list; check before you spend on stamp paper. Second, where you live in someone else’s house, the receiving office often wants a no objection or consent letter from the owner with the owner’s ownership proof, rather than only your own affidavit.

Free sample: address proof affidavit

AFFIDAVIT FOR PROOF OF RESIDENCE

I, [Name], [son / daughter / wife] of [name], aged [ ] years, do hereby solemnly affirm and declare as under:

1. That I am residing at [full address with PIN code] since [month and year].

2. That I reside at the said address as [owner / tenant under agreement dated [ ] / family member of the owner, Shri / Smt. [name], who is my [relationship]].

3. That this affidavit is required for [purpose, for example: admission to [institution] / employment with [employer] / new gas connection], and I have no other permanent address [OR: my permanent address is [ ]].

4. That copies of [my identity proof and the owner’s consent letter with ownership proof] are attached.

Verification: I verify that the contents of paragraphs 1 to 4 are true and correct to my personal knowledge, no part of it is false and nothing material has been concealed. Verified at [place] on [date].

[Signature of deponent]
[Attestation]

Need the complete, editable set? The Lexfolio Affidavit and NOC Set has English and Hindi formats for general affidavits, change of name (with a gazette note), proof of address, education gap, income, loss of documents, NOCs from landlord, parent and employer, a self-declaration and an undertaking, with guidance on stamp duty and attestation.

The verification clause, explained

The verification at the end tells the reader which statements rest on your own knowledge and which on records or information. For most office affidavits, all facts are within your knowledge, so the short verification in the samples works. If some facts come from records or other people, say so separately: “paragraphs 1 to 3 are true to my personal knowledge, and paragraph 4 is based on records of [ ], which I believe to be true.”

What happens if an affidavit is false

A false affidavit is not a paperwork slip. Under the Bharatiya Nyaya Sanhita, 2023:

Provision	Offence	Maximum punishment
Section 227 with 229(1)	Giving false evidence in a judicial proceeding	7 years and fine up to Rs 10,000
Section 229(2)	Giving false evidence in any other case	3 years and fine up to Rs 5,000
Section 236	False statement in a declaration that a public servant is authorised by law to receive as evidence	As for false evidence

A false affidavit can also lead to cancellation of an admission, appointment or document obtained with it. For acts before 1 July 2024, the corresponding Indian Penal Code sections apply.

Common mistakes

Spelling your name differently from your ID documents, or leaving out your father’s or husband’s name.
Copying a format with facts that do not fit your case.
Using an affidavit where the office has its own prescribed form (passport annexures, university formats, bank indemnities). Use the prescribed form.
Writing your full Aadhaar number when it is not needed. Mask all but the last four digits.
Skipping the gazette step for a name change and then being asked for it by the passport office or a board.

Get every affidavit right the first time. The Affidavit and NOC Set comes in editable Word and PDF, with shaded notes telling you what to fill, what to delete and what to attach.

Prefer Hindi? Read our guide शपथ पत्र का प्रारूप और नोटरी प्रक्रिया. Renting in Uttar Pradesh? See the UP rent agreement guide.

Frequently asked questions

Is a notarised affidavit enough to change my name legally?

It is the first step. For acceptance by most Central authorities you will also need newspaper notices and a gazette notification. For marriage, the marriage certificate alone is often accepted.

How much stamp duty is payable on an affidavit?

It depends on your State’s stamp law and the purpose. Ask the notary or e-stamp vendor for the current amount, and check whether the receiving office needs stamp paper at all.

Can I make an affidavit on plain paper?

Many offices accept affidavits or self-declarations on plain paper. Follow the receiving office’s instructions.

Who can attest an affidavit?

A notary public, an oath commissioner appointed by a court, or a magistrate. Abroad, an Indian consular officer can.

Can I use an affidavit as address proof for Aadhaar or a passport?

Usually not on its own. These authorities accept documents from their own published lists. Check the current list before applying.

What if I made a mistake in an affidavit already submitted?

Make a fresh corrective affidavit explaining the error and submit it to the same office promptly.

*This article is general information, not legal advice.*

18 October 2026

Rent Agreement in Uttar Pradesh: Rules After 2026 HC Ruling

Last updated: 18 October 2026

Short answer: In urban Uttar Pradesh, a tenancy must still be made by a written agreement, and where required (non-residential lets, and residential lets of twelve months or more) landlord and tenant must inform the Rent Authority within two months. The security deposit is still capped at two months’ rent for homes and six months’ rent for shops and offices. What changed on 21 August 2026 is that the Allahabad High Court struck down the parts of the 2021 tenancy law that let the Rent Authority revise rent and order eviction. So write the rent increase clearly into the agreement, end tenancies by notice under the Transfer of Property Act, and go to the competent court (not the Rent Authority) if a tenant refuses to leave.

What the High Court decided in August 2026

On 21 August 2026 a Division Bench of the Allahabad High Court decided a batch of writ petitions in Inder Bhushan Sawhney v. Kanchan Kumari Jain (Dead) and 2 Others, neutral citation 2026:AHC:177234-DB. As reported, the Court held:

Sections 8, 9 and 10 of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021 (rent payable, statutory revision of rent, and fixing of revised rent by the Rent Authority) are repugnant to the Transfer of Property Act, 1882 and void.
The provisions allowing eviction by order of the Rent Authority are also repugnant to the Transfer of Property Act, which lists in section 111 the only ways a lease comes to an end.
Sections 38 and 42 are ultra vires to the extent they override the procedure of the Provincial Small Cause Courts Act, 1887 read with the U.P. Civil Laws (Amendment) Act, 1972, because the State law did not receive Presidential assent under Article 254(2) of the Constitution.
The rest of the Act was not struck down. The ruling operates from the date of judgment, the repealed 1972 rent Act revives only to the extent needed, and matters already concluded under the 2021 Act without challenge are protected.

Law in transition: reports available as on 18 October 2026 do not mention a stay by the Supreme Court. An appeal or an amendment by the State is possible, so check the current position before relying on any part of the 2021 Act in a dispute.

What still applies after the ruling

Rule	Position as on 18 October 2026
Written agreement (section 4)	Not struck down. No premises may be let except by a written agreement.
Information to the Rent Authority (section 4)	Not struck down. Inform within two months in the First Schedule form; if not done jointly, each party informs separately within a further month. Residential tenancies of less than twelve months need not be informed.
Security deposit (section 11)	Not struck down. Maximum two months’ rent for residential and six months’ rent for non-residential premises.
Rent and rent increase (sections 8 to 10)	Struck down. Rent is what the agreement says, and increases happen only as the agreement provides.
Eviction by the Rent Authority	Struck down. End the tenancy by notice or expiry under the Transfer of Property Act, then sue for possession in the competent court if the tenant does not leave.
Rent receipts, repairs, 24 hours’ notice before entry, no cutting off essential supplies	Not reported struck down. Follow them; they are also good practice.

Registration, the 11 month practice and stamp duty

Under section 107 of the Transfer of Property Act and section 17(1)(d) of the Registration Act, 1908, a lease from year to year, for more than one year, or reserving a yearly rent must be registered. An 11 month agreement with monthly rent falls outside these provisions, which is why it is so common. An unregistered document that needed registration cannot be used as evidence of the lease (section 49 of the Registration Act), and the tenant is then treated as a month to month tenant.

Stamp duty is separate from registration. Even an 11 month agreement must be stamped at the rate fixed by Uttar Pradesh, usually through an e-stamp certificate. On 19 November 2025 the State notified a six month provisional remission capping stamp duty on lease deeds by average annual rent and term (for example, Rs 500 for a term up to one year where the average annual rent is up to Rs 2 lakh). Check with the Sub-Registrar or the UP Stamp and Registration Department whether that remission, or a replacement, applies on the day you sign.

Rent agreement format: the clauses that matter now

Clause	What to write	Why it matters after the ruling
Parties and premises	Full names, parentage, addresses, last four digits of Aadhaar, exact description of the premises with fittings	Identifies the tenancy for the Rent Authority intimation and any later suit
Term	Start date and term (for example, 11 months), with renewal by fresh agreement	Fixes when the lease ends by efflux of time under section 111 TPA
Rent and due date	Monthly rent, due date, bank account, late fee	The agreement is now the only source of the rent
Rent increase	A fixed percentage on renewal, for example “rent shall increase by [5] per cent on each renewal”	Statutory revision by the Rent Authority is gone; without this clause there is no automatic increase
Security deposit	Amount (within the cap), refund within a fixed number of days of handing over vacant possession, permitted deductions	Section 11 cap still applies
Notice to end	One month’s written notice by either side; lock-in, if any	Without a clause, section 106 TPA gives 15 days’ notice for a month to month tenancy
Use and occupants	Residential only, names of family members, no sub-letting without written consent	Breach of an express condition can support forfeiture under section 111(g) TPA if the agreement provides for re-entry
Repairs and utilities	Minor repairs by tenant, structural by owner; who pays electricity, water, maintenance	Avoids disputes over deductions
Entry and inspection	24 hours’ written notice, daytime	Matches section 17 of the 2021 Act
Rent Authority intimation	Both parties will jointly inform the Rent Authority within two months (if the tenancy is twelve months or more, or non-residential)	Section 4 still applies

Free sample: two clauses to add to any UP rent agreement

Rent increase. The monthly rent shall be increased by [five] per cent on each renewal of this agreement. No other increase shall be made during the term except by a written agreement signed by both parties.

Termination and handing over. Either party may end this tenancy by giving one month’s written notice to the other. On the expiry of the term or of the notice, the Tenant shall hand over vacant and peaceful possession of the Premises with all fittings listed in the Schedule, and the Landlord shall refund the security deposit, after lawful deductions shown in writing, within [15] days of receiving possession.

Need the complete, editable set? The Lexfolio Rent Agreement Set has an 11 month residential agreement in English and Hindi, a tenancy agreement under the U.P. 2021 Act with the First Schedule intimation, a commercial lease, a leave and licence format, a tenant verification sheet, a handover inventory and a notice to vacate, all revised after the August 2026 judgment.

Ending a tenancy and evicting a tenant now

Check the agreement for the notice period and any lock-in.
Serve written notice under section 106 TPA (15 days for a month to month tenancy unless the agreement says otherwise), signed and sent by post or delivered, or let the fixed term expire.
If the tenant does not leave, file a suit for possession and arrears in the competent court, following the Small Cause Courts procedure as applied in Uttar Pradesh. After the ruling, the Rent Authority can no longer order eviction.
Never use force, change the locks or cut off water or electricity. That can expose you to civil and criminal liability.

A landlord’s suit for possession must be filed within 12 years of the tenancy ending (Article 67, Limitation Act, 1963), and arrears of rent within three years of each arrear falling due (Article 52). For drafting the notice, see our legal notice guide.

Police verification of tenants

Many districts issue orders under section 163 of the Bharatiya Nagarik Suraksha Sanhita, 2023 requiring landlords to give tenant details to the police. Disobeying such an order can be prosecuted under section 223 of the Bharatiya Nyaya Sanhita, 2023. In Uttar Pradesh tenant verification can be done through the UPCOP app; keep the acknowledgement. If the tenant needs proof of address for Aadhaar, a bank or utilities, see our guide on the affidavit for address proof.

Checklist before signing

Written agreement in duplicate, signed by both parties and two witnesses.
Correct stamp duty paid by e-stamp in the name of one of the parties.
Rent, increase, deposit, notice period and lock-in written clearly.
Deposit within two months’ rent (residential) or six months’ rent (non-residential).
Inventory and meter readings signed at handover, with photographs.
Rent Authority informed within two months where required.
Police verification done and acknowledgement kept.

Signing a tenancy this month? The Rent Agreement Set gives you UP-ready agreements with the post-ruling rent and termination clauses already drafted, plus the forms you need at handover.

Frequently asked questions

Is an 11 month rent agreement valid in Uttar Pradesh?

Yes. It must be in writing and properly stamped. A residential tenancy of less than twelve months does not have to be informed to the Rent Authority.

Can a landlord increase rent every year in UP?

Only as the agreement provides. After the August 2026 ruling, the statutory revision and the Rent Authority’s power to fix revised rent no longer apply.

What is the maximum security deposit in UP?

Two months’ rent for residential premises and six months’ rent for non-residential premises (section 11), which was not struck down.

Can the Rent Authority still evict a tenant?

No. The High Court struck down eviction by order of the Rent Authority. The landlord must end the tenancy under the Transfer of Property Act and sue for possession in the competent court.

Do I need to register a rent agreement in UP?

Registration is compulsory for a lease of more than one year, from year to year, or reserving a yearly rent. An 11 month agreement need not be registered but must be stamped.

Has the Supreme Court stayed the High Court judgment?

No stay had been reported as on 18 October 2026. Check for any later order before relying on the position described here.

*This article is general information, not legal advice.*

18 October 2026

How to File Consumer Complaint on e-Jagriti: Step by Step

Last updated: 18 October 2026

Short answer: You can file a consumer complaint online on e-Jagriti (e-jagriti.gov.in), the Department of Consumer Affairs portal that replaced e-Daakhil from 1 January 2025. Register with OTP, choose “Consumer Complaint”, pick the right Commission based on the amount you paid (District Commission up to Rs 50 lakh), upload your signed complaint, affidavit and documents as PDFs, pay the fee (nil up to Rs 5 lakh) and note the filing number. You do not need a lawyer. File within two years of the cause of action.

Before you start: are you a “consumer”?

Under section 2(7) of the Consumer Protection Act, 2019, you are a consumer if you bought goods or hired a service for a price (paid, promised or partly paid), including online purchases, teleshopping and direct selling. You are not a consumer if you bought for resale or for a commercial purpose, but buying something to earn your own livelihood by self-employment (a taxi, a sewing machine) is not treated as commercial purpose.

You can complain about a defect in goods, deficiency in service, unfair or restrictive trade practices, overcharging above the displayed or agreed price, hazardous goods, and product liability for harm caused by a defective product.

Two things are outside consumer law: free services, and services under a contract of personal service such as employment. The Supreme Court has also held that complaints against advocates for professional services are not maintainable under the Act (Bar of Indian Lawyers v. D.K. Gandhi PS National Institute of Communicable Diseases, 14 May 2024).

Step 0: try to settle first

Write to the seller or service provider and keep the ticket number and replies.
Use the National Consumer Helpline: call 1915 or 1800-11-4000, message on WhatsApp or SMS at 8800001915, or lodge a grievance at consumerhelpline.gov.in. Many companies settle at this stage.
Send a short notice giving 15 days to fix the problem or refund. A notice is not compulsory for a consumer complaint, but it shows the Commission you were reasonable. See our legal notice guide for drafting tips.

Which Commission? Jurisdiction in one table

The forum depends on the value of the goods or services paid as consideration, not on the compensation you claim. These limits come from the Consumer Protection (Jurisdiction of the District Commission, the State Commission and the National Commission) Rules, 2021.

Amount you paid	Commission
Up to Rs 50 lakh	District Consumer Disputes Redressal Commission
Above Rs 50 lakh and up to Rs 2 crore	State Commission
Above Rs 2 crore	National Commission, New Delhi

Which district? Under section 34(2) you can file where the opposite party resides or carries on business or has a branch, where the cause of action arose, or, most usefully, where you yourself reside or personally work for gain.

Fees

Fees are set by rule 7 of the Consumer Protection (Consumer Disputes Redressal Commissions) Rules, 2020, as amended in August 2023.

Amount you paid	Fee
Up to Rs 5 lakh	Nil
Above Rs 5 lakh to Rs 10 lakh	Rs 200
Above Rs 10 lakh to Rs 20 lakh	Rs 400
Above Rs 20 lakh to Rs 50 lakh	Rs 1,000
Above Rs 50 lakh to Rs 1 crore	Rs 2,000
Above Rs 1 crore to Rs 2 crore	Rs 2,500
Above Rs 2 crore to Rs 4 crore	Rs 3,000
Above Rs 4 crore to Rs 6 crore	Rs 4,000
Above Rs 6 crore to Rs 8 crore	Rs 5,000
Above Rs 8 crore to Rs 10 crore	Rs 6,000
Above Rs 10 crore	Rs 7,500

Documents to prepare before you log in

Scan each document clearly as a PDF and give each file a plain name (for example “Annexure C-1 Invoice”).

Complaint, signed on every page, with numbered paragraphs: parties, facts in date order, how the facts amount to defect, deficiency or unfair trade practice, jurisdiction (pecuniary and territorial), limitation, fee, and the reliefs claimed with amounts.
Supporting affidavit, attested by a notary or oath commissioner.
Memo of parties with full addresses, e-mails and phone numbers of every opposite party (seller, manufacturer, service centre, platform, insurer or builder, as relevant).
List of dates and events.
Index of documents with page numbers.
Annexures: bill or invoice, payment proof, warranty card or brochure, complaints and replies, job sheets, photographs, legal notice and postal receipts, and your ID and address proof.
Certificate for electronic records, if you rely on e-mails, chats or screenshots. Since 1 July 2024 this is given under section 63 of the Bharatiya Sakshya Adhiniyam, 2023.
Delay application, if you are filing after two years, explaining the reasons.

Filing on e-Jagriti: step by step

Register. Open e-jagriti.gov.in, choose to register as a consumer (party in person) or as an advocate, and verify your mobile number and e-mail by OTP. If you had an e-Daakhil account, use the migration option shown on the portal.
Start a new case. Log in, choose to file a new case, select “Consumer Complaint”, and choose the State and the District Commission (or the State or National Commission, depending on the value).
Enter details. Fill in complainant and opposite party details, the amount paid, the compensation claimed and the date of the cause of action. The portal uses the amount paid to suggest the correct Commission and fee.
Upload documents. Upload the complaint, affidavit, memo of parties, list of dates, index and annexures as PDFs within the file size the portal shows.
Pay the fee online through the linked government payment gateway. If the fee is nil, the portal lets you go ahead without payment.
Submit and save the acknowledgement with the filing reference. If the registry points out defects, cure them within the time shown (15 days under regulation 9 of the Consumer Commission Procedure Regulations, 2020).
Track the case through SMS and e-mail alerts, the cause list and case status on the portal. Hearings may be by video conference or in person.

Portal screens and labels change from time to time, so follow the on-screen instructions and the help section at the time of filing. Physical filing at the Commission counter is still available.

Need the complete, editable set? The Lexfolio Consumer Complaint Kit gives you the complaint, supporting affidavit, list of dates, index, memo of parties, delay condonation application, authority letter and a pre-complaint notice in English and Hindi, with an e-Jagriti filing checklist.

What happens after filing

Stage	Time frame	Provision
Admission	Ordinarily within 21 days of filing; deemed admitted if not decided. No rejection without hearing you.	Sections 36(2) and (3)
Notice to opposite party	Within 21 days of admission	Section 38(2)(a)
Opposite party’s reply	30 days, extendable by not more than 15 days	Section 38(2)(a)
Mediation, if both consent	Consent within 5 days of the Commission’s direction	Section 37
Decision	The Commission tries to decide within 3 months of notice (5 months if goods need testing)	Section 38(7)
Appeal from District to State Commission	45 days, with deposit of 50 per cent of the amount ordered	Section 41

The Constitution Bench held in New India Assurance Co. Ltd. v. Hilli Multipurpose Cold Storage Pvt. Ltd., (2020) 5 SCC 757 that the opposite party’s time to reply cannot be extended beyond 30 plus 15 days. If the opposite party does not reply in time, the Commission can proceed on your evidence.

What you can ask for

Under section 39 the Commission can order replacement, repair, refund with interest, compensation for loss and for mental agony and harassment, punitive damages in suitable cases, discontinuance of an unfair trade practice, corrective advertisement, and costs. Ask for each item separately with an amount and a reason. Inflated claims rarely help.

Common mistakes

Choosing the Commission by the compensation claimed instead of the amount paid.
Leaving out the manufacturer or the platform when they share responsibility.
Filing after two years without a delay application.
Unsigned pages, an unattested affidavit or unpaginated annexures.
Missing hearings, which can lead to dismissal.
Ignoring defects pointed out by the registry for more than 15 days.

File it properly in one sitting. The Consumer Complaint Kit walks you through jurisdiction, fees and limitation, and gives you every document e-Jagriti asks for in editable Word, so you can upload clean PDFs the same day.

If your dispute is with a Government office, an RTI application can help you collect records first; see how to file an RTI application.

Frequently asked questions

Do I need a lawyer to file on e-Jagriti?

No. You can register as a party in person, file and argue your own case. A lawyer helps in complex or high value matters.

Is e-Daakhil still working?

e-Jagriti, launched on 1 January 2025, brought together e-Daakhil and the older case systems. Use e-jagriti.gov.in for new filings.

What is the time limit for a consumer complaint?

Two years from the date the cause of action arose (section 69). A later complaint can be admitted if you show sufficient cause for the delay.

Is there any fee for complaints up to Rs 5 lakh?

No. Where the amount paid is up to Rs 5 lakh, the fee is nil.

Can I file against an online marketplace?

Yes. Online purchases are expressly covered. Name both the seller and the platform where both are responsible, and attach the order details and chat or e-mail records.

Can I file in my own city if the company is elsewhere?

Yes. Section 34(2)(d) lets you file where you reside or personally work for gain.

*This article is general information, not legal advice.*

18 October 2026

How to File RTI Application Online and Offline (2026)

Last updated: 18 October 2026

Short answer: Any Indian citizen can ask a public authority for information under the Right to Information Act, 2005. For Central Government offices, file online at rtionline.gov.in and pay the Rs 10 fee by UPI, card or net banking. For any office (Central or State), you can also post a written application to the Public Information Officer (PIO) with a Rs 10 Indian Postal Order or demand draft; State fees and payment modes can differ. The PIO must reply within 30 days (48 hours if life or liberty is involved). If you get no reply or a poor one, file a first appeal within 30 days, and then a second appeal to the Information Commission within 90 days.

Who can file and what you can ask for

Any citizen of India can apply. You do not have to give any reason for wanting the information, and you need give only the contact details required to send you a reply (section 6(2)).

“Information” under section 2(f) means material in any form held by or under the control of a public authority: records, documents, file notings, e-mails, opinions, advice, press releases, circulars, orders, logbooks, contracts, reports, samples, models and electronic data. You can also ask to inspect files or take certified copies.

What you cannot do is ask the PIO to create information that does not exist, give opinions, answer hypothetical “why” questions or interpret the law. Frame your request as a request for records.

Filing online on the RTI Online portal

The portal rtionline.gov.in is run by the Department of Personnel and Training. It accepts requests and first appeals for Ministries, Departments and other public authorities of the Central Government that are on the portal. It must not be used for State Government offices (including the Government of NCT of Delhi); such applications are returned without refund.

Open rtionline.gov.in and choose “Submit Request”. Read the guidelines and tick the box to confirm.
Select the Ministry, Department or public authority from the drop down list. If yours is not listed, it is not on the portal; file by post instead.
Enter your name, address, mobile number and e-mail. An e-mail address is needed for the reply and alerts.
Type your request in the text box. The box has a character limit, so for a longer request type a short line and upload your full application as a PDF.
If you belong to the Below Poverty Line (BPL) category, select that option and upload your BPL certificate; no fee is then payable.
Pay the Rs 10 fee through the payment gateway. The portal accepts internet banking, Visa and MasterCard debit and credit cards, RuPay cards and UPI.
Note the registration number shown after payment. You will need it to track the request and to file a first appeal online.

Many States run their own RTI portals for State departments, for example rtionline.up.gov.in in Uttar Pradesh. Use your State’s portal or file by post for State offices.

Filing offline by post or in person

Find the right PIO. Every public authority must designate Public Information Officers (section 5). Their names are usually on the office website or notice board. If you cannot find the name, address it to “The Public Information Officer” of that office.
Write the application. Use plain paper. In Central Government offices an application should ordinarily not exceed 500 words, excluding annexures (rule 3 of the RTI Rules, 2012).
Pay the fee. Attach a Rs 10 Indian Postal Order or demand draft payable to the Accounts Officer of the public authority, or pay cash against receipt at the counter. State rules prescribe their own payee and modes.
Send it. Use Speed Post with proof of delivery, or hand it over at the office and get a dated receipt. You can also give it to an Assistant PIO at the sub-divisional level, who must forward it; in that case the PIO gets five extra days to reply.
Keep a full copy with the postal order number and the postal receipt.

Fees under the Central RTI Rules, 2012

Item	Fee
Application	Rs 10
Copies (A4 or A3 size)	Rs 2 per page
Larger paper, samples or models	Actual cost
Inspection of records	First hour free, then Rs 5 for each further hour
Below Poverty Line applicant	No fee, if a BPL certificate from the appropriate Government is attached

If the PIO needs additional fees for copies, the PIO must write to you with the calculation. The time between that letter and your payment is not counted in the 30 days (section 7(3)). If the PIO misses the deadline, the information must be supplied free of charge (section 7(6)).

Time limits

Step	Time limit	Provision
Reply by PIO	30 days from receipt	Section 7(1)
Information concerning the life or liberty of a person	48 hours	Proviso to section 7(1)
Application given to an Assistant PIO	5 days added	Section 5(2)
Transfer to the right public authority	Within 5 days of receipt	Section 6(3)
Information involving a third party	40 days	Section 11
First appeal to the First Appellate Authority	Within 30 days of the reply or the date it was due	Section 19(1)
Second appeal to the Information Commission	Within 90 days of the first appeal decision or the date it was due	Section 19(3)

Free sample RTI application

To,
The Public Information Officer,
[Name of office],
[Address]

Subject: Application under section 6(1) of the Right to Information Act, 2005

1. Name of applicant: [Full name]
2. Address for reply: [Full address with PIN code]
3. Phone and e-mail: [ ]

4. Information sought (for the period [from date] to [to date]):
(a) Certified copy of [the file notings and correspondence relating to my application no. [ ] dated [ ]].
(b) The present status of that application and the name and designation of the officer with whom it is pending.
(c) Copy of the rules, circular or order that fixes the time limit for deciding such applications.

5. I am a citizen of India. I have paid the fee of Rs 10 by [Indian Postal Order no. [ ] dated [ ] / demand draft / cash receipt no. [ ]]. I am willing to pay any further fee for copies on being informed.

Place: [ ]
Date: [ ]
Signature: [ ]

How to frame questions that get answered

Ask for copies of documents rather than explanations: “certified copy of the inspection report” works better than “why was no action taken?”
Give a specific period and reference numbers.
Keep each request to one subject and number the points.
For delayed applications or complaints, ask for the daily progress record, the name of the officer handling it and the rule fixing the time limit.
If the file is large, ask first to inspect it and then for copies of the pages you mark. This saves fees.

Grounds on which information can be refused

Section 8 lists exemptions, such as information affecting national security, commercial confidence, information received in fiduciary capacity, information that would impede an investigation, and cabinet papers before a decision. Section 24 excludes listed security and intelligence organisations, except for information about corruption and human rights violations.

Important change to personal information: section 44(3) of the Digital Personal Data Protection Act, 2023, in force since 13 November 2025, replaced clause (j) of section 8(1). It now simply exempts “information which relates to personal information”, without the earlier public interest test. Requests for other people’s personal details (service records, assets, tax returns and similar) are now more likely to be refused. The amendment has been challenged in the Supreme Court (Venkatesh Nayak v. Union of India, W.P. (C) No. 177 of 2026, with connected petitions). On 16 February 2026 the Court referred the matter to a larger Bench and refused to stay the amendment. Your own personal information is not affected in the same way; ask for it in your own name.

Need the complete, editable set? The Lexfolio RTI Application and Appeals Kit has English and Hindi formats for the application, first appeal, second appeal and section 18 complaint, a question bank for common situations, and a plain language guide to fees, time limits and exemptions.

If the reply is late or unsatisfactory

First appeal

File it with the First Appellate Authority, an officer senior to the PIO in the same public authority, within 30 days of the reply or of the date the reply was due. No fee is prescribed under the Central Rules. Common grounds: no reply, incomplete or misleading reply, wrong use of an exemption, or excessive fees. For Central authorities you can file the first appeal online using your registration number.

Second appeal or complaint

If the first appeal is not decided or you are still not satisfied, file a second appeal with the Central Information Commission (for Central authorities) or the State Information Commission (for State authorities) within 90 days. Attach copies of the application, the reply, the first appeal and the appellate order, with an index. Separately, a complaint under section 18 lets the Commission impose a penalty of Rs 250 per day of delay on the PIO, up to Rs 25,000 (section 20). A second appeal is the route to get the information; a complaint is the route to penalty.

Going to appeal? The RTI Application and Appeals Kit includes ready grounds of appeal, an index of documents for the second appeal and a complaint format, so you do not have to start from a blank page.

Reading in Hindi? See our guide आरटीआई आवेदन कैसे करें.

Common mistakes

Filing State matters on the Central portal and losing the fee.
Asking “why” questions instead of asking for records.
Bundling many unrelated subjects into one application.
Not keeping a copy and proof of the fee and dispatch.
Missing the 30 day window for the first appeal.

Frequently asked questions

Can I file an RTI application online for a State Government department?

Not on rtionline.gov.in. Use your State’s own RTI portal if it has one, or send the application by post.

What happens if the PIO does not reply within 30 days?

It is treated as a refusal (section 7(2)). File a first appeal, and the information must later be supplied free of charge.

Do I have to give a reason for asking?

No. Section 6(2) says no reason is required.

Can a non-resident Indian file an RTI?

Yes, an Indian citizen living abroad can file, including online on the Central portal, and some Indian missions accept applications.

Can I get information about another person’s salary or assets?

After the DPDP amendment to section 8(1)(j), such personal information is likely to be refused. The Supreme Court is examining the amendment, but has not stayed it.

Is there a fee for the first appeal?

No fee is prescribed under the Central RTI Rules, 2012. Some States charge a fee; check your State rules.

*This article is general information, not legal advice.*

18 October 2026

Cheque Bounce Notice Section 138: Format and Time Limits

Last updated: 18 October 2026

Short answer: If a cheque given to you for a debt bounces, send a written demand notice to the drawer within 30 days of receiving the bank’s return memo. The drawer then has 15 days from receiving the notice to pay. If they do not pay, you can file a criminal complaint under section 138 of the Negotiable Instruments Act, 1881 within one month after those 15 days end, in the court where your bank branch is located. Miss any of these steps and the complaint can fail, so the notice is the most important document in the whole case.

The section 138 timeline at a glance

Step	Time limit	Provision
Present the cheque to your bank	Within its validity: three months from the date on the cheque, or any shorter period printed on it	Section 138, proviso (a)
Send the demand notice	Within 30 days of receiving information from the bank that the cheque was returned unpaid	Section 138, proviso (b)
Drawer’s time to pay	15 days from the date the drawer receives the notice	Section 138, proviso (c)
Cause of action arises	The day after the 15 days expire without payment	Section 138, proviso (c)
File the complaint	Within one month of the cause of action; later only if the court condones the delay for sufficient cause	Section 142(1)(b)

Worked example: your bank gives you the return memo on 1 March. You must send the notice by 31 March. Suppose you post it on 3 March and the drawer receives it on 5 March. The 15 days end on 20 March and the cause of action arises on 21 March. File your complaint by 20 April to be safe. Never file before the 15 days are over: a premature complaint is not maintainable.

When does section 138 apply?

All of these conditions must be met:

The cheque was drawn on an account maintained by the drawer and given to discharge a legally enforceable debt or other liability, in whole or in part. A cheque given as a gift or a donation does not qualify.
It was presented within its validity period.
The bank returned it unpaid because funds were insufficient or the amount exceeded the arrangement. Courts have held that returns marked “account closed”, “payment stopped by drawer” or “signature mismatch” can also attract section 138 in suitable cases.
You sent a valid written demand within 30 days of the return memo.
The drawer did not pay the cheque amount within 15 days of receiving the notice.

Once the drawer admits signing and issuing the cheque, the court presumes under section 139 that it was given for a debt or liability. The drawer can rebut this presumption, for example by showing the cheque was given as security for a debt that never became due, but the burden is on the drawer. In Sanjabij Tari v. Kishore S. Borcar (Supreme Court, September 2025) the Court also held that a debt arising from a cash loan of more than Rs 20,000 can still be a legally enforceable debt for section 138, even if the cash transaction breached income tax rules.

What the demand notice must contain

Exact cheque details: number, date, amount, drawee bank and branch, date of presentation, date of return and the reason in the return memo.
A demand for the cheque amount. In Kaveri Plastics v. Mahdoom Bawa Bahrudeen Noorul, 2025 INSC 1133 (decided 19 September 2025), the Supreme Court held a notice invalid because it demanded an amount different from the cheque amount, and refused to treat it as a typing slip. If you also want interest or costs, show them separately so the cheque amount stands out clearly.
The 15 day period for payment, counted from receipt of the notice.
The underlying debt: loan, price of goods, rent, settlement amount and so on, with dates.
For a company or firm: address the notice to the company and also to the directors or partners who were in charge of and responsible for its business, because section 141 makes them liable too.

Free sample: short cheque dishonour notice

NOTICE UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT, 1881

Date: [date]
By Speed Post with proof of delivery and by e-mail

To,
[Name of drawer]
[Address with PIN code]

1. Towards discharge of your liability of Rs [amount] for [loan given on [date] / goods supplied under invoice no. [ ] / other], you issued cheque no. [ ] dated [ ] for Rs [amount], drawn on [bank, branch], in my favour.

2. I presented the cheque through my account with [bank, branch] on [date]. It was returned unpaid on [date] with the remark “[reason as in memo]”. I received the return memo on [date].

3. I hereby demand that you pay the said cheque amount of Rs [amount] within 15 days of receipt of this notice, by [bank transfer to account no. [ ], IFSC [ ] / demand draft in my favour].

4. If you fail to pay the cheque amount within 15 days of receipt of this notice, I shall file a complaint against you under sections 138 and 142 of the Negotiable Instruments Act, 1881, besides other proceedings available in law, at your risk as to costs and consequences.

[Signature]
[Name, address, phone, e-mail]

Keep this notice limited to the cheque amount. If you have other claims against the drawer, raise them in a separate letter.

Need the complete, editable set? The Lexfolio Legal Notice Set includes a full section 138 notice for individuals and companies, a reply format for the drawer, a money recovery notice and Hindi versions, with a plain language guide to the timeline and service rules.

How to send it and prove delivery

Send the notice by Speed Post with proof of delivery (India Post merged its registered post service into Speed Post from 1 September 2025), and also by e-mail or WhatsApp as a signed PDF if you have the drawer’s address or number. Keep the booking receipt, tracking report and screenshots. A notice correctly addressed and returned “refused” or “unclaimed” is generally treated as served. In C.C. Alavi Haji v. Palapetty Muhammed, (2007) 6 SCC 555, the Supreme Court added that a drawer who says the notice never arrived can pay within 15 days of receiving the court summons; if he does not, the plea of non-service will not help him.

Filing the complaint

Which court?

After the 2015 amendment, section 142(2) fixes the place. If you deposited the cheque in your bank account for collection, file in the court within whose limits your bank branch where you hold the account is situated. The complaint is tried by a Judicial Magistrate of the first class or a Metropolitan Magistrate.

Documents to attach

Document	Purpose
Original cheque	Primary evidence
Original return memo	Proves dishonour and the date
Copy of the demand notice	Proves the statutory demand
Postal receipt, tracking report, proof of delivery, e-mail or WhatsApp screenshots	Proves dispatch and service
Documents showing the debt (loan transfer, invoice, agreement, ledger)	Supports the legally enforceable liability
Affidavit of the complainant	Evidence in support

Practice changes after Sanjabij Tari (September 2025)

The Supreme Court issued directions to speed up cheque bounce cases. As reported, they include: service of summons by the complainant personally (dasti) in addition to the usual modes, with an affidavit of service; online payment options (QR code or UPI link) mentioned in the summons, so the accused can pay the cheque amount at the start and close the case; a synopsis in a prescribed format at the front of every complaint; and a graded scale of costs for compounding.

Stage at which the case is compounded	Costs in addition to the cheque amount
Before the accused’s defence evidence is recorded	No costs
After defence evidence, before the trial court’s judgment	5 per cent of the cheque amount
Before the Sessions Court or the High Court in revision or appeal	7.5 per cent
Before the Supreme Court	10 per cent

The practical message for both sides: settling early is cheapest.

What the drawer faces

Punishment: imprisonment up to two years, or fine up to twice the cheque amount, or both (section 138).
Interim compensation: the trial court may order up to 20 per cent of the cheque amount during the trial (section 143A).
Deposit in appeal: an appellate court may require a deposit of at least 20 per cent of the fine or compensation (section 148).
Settlement: the offence is compoundable (section 147).

If you have received a section 138 notice, do not ignore it. If the debt is genuine, paying within the 15 days ends the matter. If you dispute it (for example, the cheque was a blank security cheque misused), send a clear written reply within the same period and keep the proof. The Lexfolio set includes a reply format.

Common mistakes that defeat a complaint

Sending the notice after 30 days from the return memo.
Demanding an amount different from the cheque amount.
Filing the complaint before the 15 day period expires, or long after one month without a delay application.
Not naming the company and the directors in charge where the drawer is a company.
Losing the original cheque or return memo.
Filing in the wrong court instead of where your own bank branch is.

Draft it right the first time. The Legal Notice Set gives you section 138 notice and reply formats with clause by clause guidance, a limitation table and a service checklist, in editable Word and PDF.

For ordinary unpaid dues where no cheque is involved, see our guide to the legal notice for recovery of money. If you need the BNS equivalents of old IPC sections such as 420 or 406, which are sometimes added to cheque disputes, see the IPC to BNS section converter.

Frequently asked questions

What is the time limit to send a cheque bounce notice?

Thirty days from the date you receive information from the bank that the cheque was returned unpaid.

Can a cheque bounce notice be sent on WhatsApp?

Several High Courts have accepted notices sent by e-mail or WhatsApp where delivery can be shown. Because practice varies, send the notice by Speed Post as well.

Can I present the cheque again after it bounces?

Yes, within its validity period. A fresh notice can then be sent within 30 days of the later dishonour, and the complaint can be based on that later notice.

Is a cheque bounce case criminal or civil?

Section 138 is a criminal offence, but it is compoundable and the courts encourage settlement. You can also file a civil suit for recovery of the debt alongside it.

Does a security cheque attract section 138?

It can, if on the date of presentation a legally enforceable debt was actually due. If no debt had become payable, the drawer may have a defence.

Where do I file the case if I live in a different city from the drawer?

In the court within whose limits your bank branch, where you maintain the account into which you deposited the cheque, is situated.

*This article is general information, not legal advice.*

18 October 2026

Legal Notice for Recovery of Money: Format and Free Sample

Last updated: 18 October 2026

Short answer: A legal notice for recovery of money is a written demand that sets out who owes you money, how much, why it is due, and the deadline to pay before you go to court. Indian law does not make such a notice compulsory for most money claims (cheque bounce and suits against the Government are the big exceptions), but a clear notice often gets you paid without litigation and becomes strong evidence if you do sue. Send it while you are still well within the limitation period, which is usually three years.

This guide explains what the notice must contain, gives a short free sample you can adapt, lists the time limits that matter, and tells you what to do if the other side ignores it.

When is a legal notice required?

For an ordinary money claim (unpaid loan, unpaid invoice, refund owed under a contract) no general rule requires a notice before a civil suit. Send one anyway: it records your demand, gives a last chance to pay, forces a written position, and courts consider your conduct when deciding interest and costs.

In some situations a notice is a legal precondition, and getting it wrong can sink the case:

Situation	Law	What is required
Cheque returned unpaid	Section 138, Negotiable Instruments Act, 1881	Written demand within 30 days of the bank’s return memo; the drawer gets 15 days to pay. See our cheque bounce notice guide.
Suit against the Central or a State Government, or a public officer for an official act	Section 80, Code of Civil Procedure, 1908	Written notice; the suit can be filed only after two months from delivery, unless the court grants leave for urgent relief.
Commercial dispute of Rs 3 lakh or more	Section 12A, Commercial Courts Act, 2015	Not a notice as such, but pre-institution mediation must be tried before suing unless you need urgent interim relief.
Contract with an arbitration clause	Section 21, Arbitration and Conciliation Act, 1996	Arbitration starts on the date the other side receives your request to refer the dispute.

What a money recovery notice must contain

A good notice is short, factual and specific. Vague notices (“you owe my client a large sum”) invite vague replies and weaken your later case. Include the following.

Element	Why it matters
Full name and address of the sender and the recipient	Identifies the parties; for a company, address it to the company at its registered office and mark a copy to the person in charge.
How the debt arose	Loan, goods sold, services rendered, advance to be refunded, security deposit. Give dates.
Documents relied on	Invoice numbers, agreement date, bank transfer reference, acknowledgment messages. Mention them; attach copies if useful.
The exact amount	Principal separately from interest and costs, so the figure is easy to verify.
Interest claimed	Contract rate if there is one; otherwise a reasonable rate from a stated date.
Deadline	Usually 15 days from receipt. Do not give so long a period that limitation runs out meanwhile.
Mode of payment	Bank details or a demand draft, so the recipient cannot claim confusion.
Consequence	That you will file a civil suit or other proceedings for recovery with interest and costs, without further notice.
Signature and date	Signed by you, or by your advocate on your instructions.

Free sample: short notice for recovery of money

Use this as a starting point for a simple claim. Replace everything in square brackets and delete what does not apply.

LEGAL NOTICE FOR RECOVERY OF MONEY

Date: [date]
By Speed Post with proof of delivery and by e-mail

To,
[Name of debtor]
[Full address with PIN code]
[E-mail address]

Subject: Demand for payment of Rs [amount] due to [your name]

1. On [date], I lent you Rs [amount] by [bank transfer / cheque no.] [OR: I supplied goods / services to you under invoice no. [ ] dated [ ]]. You agreed to repay [the amount / pay the invoice] by [date].

2. Despite reminders dated [dates], including your message of [date] in which you admitted the amount, you have not paid. Rs [amount] remains due as principal.

3. I am entitled to interest at [the agreed rate of [ ] per cent per annum / a reasonable rate of [ ] per cent per annum] from [date] until payment.

4. I call upon you to pay Rs [amount] with interest of Rs [amount] calculated up to [date], total Rs [amount], within 15 days of receiving this notice, by transfer to account no. [ ], [bank], IFSC [ ].

5. If you fail to pay within this period, I shall file proceedings for recovery of the amount with interest and costs before the competent court, entirely at your risk as to costs and consequences.

Yours faithfully,
[Signature]
[Name, address, phone, e-mail]

This sample does not suit cheque bounce, claims against Government bodies or contracts with an arbitration clause, which need their own wording.

Need the complete, editable set? The Lexfolio Legal Notice Set has ready Word formats for money recovery, cheque dishonour, section 80 CPC notices, consumer refunds, builder delay, tenant arrears, arbitration and defamation, plus reply formats and Hindi versions, with a plain language guide on time limits and service.

Time limits: check limitation before you send

A legal notice does not stop the limitation clock. If your claim becomes time barred while you wait for a reply, the notice will not save it. The common periods under the Schedule to the Limitation Act, 1963 are:

Claim	Period	Time runs from
Money lent (Article 19), including a loan payable on demand (Article 21)	3 years	The date the loan is made
Price of goods sold and delivered, no fixed credit period (Article 14)	3 years	The date of delivery
Price of work done, no time fixed for payment (Article 18)	3 years	When the work is done
Promissory note payable on demand (Article 35)	3 years	The date of the note
Compensation for breach of contract (Article 55)	3 years	When the contract is broken
Any other suit not specifically provided for (Article 113)	3 years	When the right to sue accrues

How to get a fresh period: a written and signed acknowledgment of the debt made before limitation expires starts a new period (section 18). A part payment made before expiry also does so, if it is acknowledged in writing signed by the payer (section 19). Save every message in which the debtor admits the amount.

How to send the notice and prove delivery

Speed Post: since 1 September 2025 India Post has merged its domestic registered post service into Speed Post. Ask for proof of delivery at the counter and keep the booking receipt and the tracking printout.
E-mail and WhatsApp: send a signed PDF to the address or number the debtor has used with you. Courts increasingly accept electronic service, but for important notices use post as well.
Hand delivery: get a signature with name and date on your office copy, or a receiving stamp for an office.
Keep the file: signed copy, receipts, tracking report, screenshots and any returned envelope (do not open it; it may have to be shown sealed in court).

A notice sent to the correct address by post is presumed delivered under section 27 of the General Clauses Act, 1897, and a letter returned “refused” is usually treated as served.

What happens after you send it

If the debtor pays or proposes instalments

Record any settlement in writing, signed by both sides, with the schedule of payments and what happens on default. If the debtor pays part, acknowledge it in writing and keep the balance claim alive.

If the debtor replies and disputes the claim

Read the reply carefully. A reply that admits part of the debt is useful evidence. Do not get into a long exchange of letters; one short rejoinder is enough.

If the debtor ignores the notice

You can choose the route that fits your claim:

Civil suit for recovery: filed in the civil court with territorial and pecuniary jurisdiction. Court fee is set by State law and is usually a percentage of the claim.
Summary suit under Order XXXVII CPC: available where the claim is on a bill of exchange, promissory note, or a written contract or guarantee for a fixed sum. The defendant must obtain leave to defend, which makes it faster for clear documentary claims.
Commercial suit: for a commercial dispute of Rs 3 lakh or more, apply first for pre-institution mediation under section 12A of the Commercial Courts Act. The Supreme Court held in Patil Automation Pvt. Ltd. v. Rakheja Engineers Pvt. Ltd. (17 August 2022) that this step is mandatory unless urgent interim relief is sought.
MSME supplier claims: a micro or small enterprise registered on Udyam whose buyer has not paid within the agreed period (which cannot exceed 45 days) can claim compound interest at three times the RBI bank rate and refer the dispute to the Micro and Small Enterprises Facilitation Council, through the MSME Samadhaan portal, under sections 15 to 18 of the MSMED Act, 2006.
Consumer refunds: if you are a consumer owed a refund, the Consumer Commission is usually cheaper and faster. See our guide on filing a consumer complaint on e-Jagriti.

Common mistakes

Sending the notice when limitation has almost run out, then waiting for a reply.
Demanding an inflated figure that you cannot support with documents.
Writing threats of criminal cases for a purely civil debt. This can backfire and is not a substitute for a civil claim.
Using a wrong or old address and having no proof of delivery.
Mixing up the cheque bounce notice with an ordinary recovery notice. A section 138 notice has its own strict rules.
Not keeping copies of the notice and the postal receipts.

Should you send it yourself or through an advocate?

You can send a recovery notice in your own name; there is no rule that only an advocate can send one. A notice on an advocate’s letterhead often gets more attention, and an advocate will check limitation, jurisdiction and the correct parties. For larger claims, claims against companies, or anything that may end up in court soon, professional drafting is worth it.

Prefer to draft it yourself, properly? The Legal Notice Set gives you tested English and Hindi formats with guidance notes on every clause, a limitation table, a delivery checklist and reply formats, so your notice holds up if the matter reaches court.

Frequently asked questions

Is a legal notice compulsory before filing a money recovery suit?

No, not for an ordinary civil claim. It is compulsory for cheque dishonour under section 138 of the Negotiable Instruments Act and for suits against the Government under section 80 CPC. For commercial disputes of Rs 3 lakh or more, pre-institution mediation is mandatory unless you seek urgent interim relief.

How many days should I give in the notice?

Fifteen days from receipt is common and reasonable. Do not give a long period if limitation is close.

Can I send a legal notice by WhatsApp or e-mail?

Yes, as a supporting mode. Send a signed PDF and keep screenshots showing delivery. For important claims, also send it by Speed Post with proof of delivery.

What if the debtor refuses to accept the notice?

A correctly addressed notice returned as “refused” is generally treated as served. Keep the returned envelope sealed and the tracking report.

Does sending a notice extend the limitation period?

No. Only a written, signed acknowledgment of the debt or an acknowledged part payment made before expiry gives you a fresh period.

Can I claim interest in the notice?

Yes. Claim the contract rate if one was agreed, or a reasonable rate from a stated date. The court decides the final rate if the matter goes to trial.

*This article is general information, not legal advice.*

18 October 2026