Author

Ganta Surya Kiran

Loan default rights India SARFAESI Act borrower protection - 19 Law Chambers Visakhapatnam

Banking & Finance Law

Loan Default Rights in India: What Borrowers Must Know

by Ganta Surya Kiran May 21, 2026

written by Ganta Surya Kiran

Loan Default Rights in India: What Every Borrower Must Know

By Advocate Ganta Surya Kiran | 19 Law Chambers, Visakhapatnam | Banking Law

Defaulting on a loan is stressful — but banks cannot do whatever they want. Indian law gives borrowers clear rights against arbitrary bank action, illegal recovery agent behaviour, and wrongful property seizure. Advocate Ganta Surya Kiran at 19 Law Chambers Visakhapatnam has protected borrowers’ rights across Andhra Pradesh.

What Happens When You Default on a Loan?

After 90 days of non-payment, the bank classifies your account as a Non-Performing Asset (NPA). The bank then follows a recovery process: demand notice, negotiated one-time settlement offer, and if unsuccessful — legal action under SARFAESI Act or civil court.

Your Rights Under SARFAESI Act

The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI) 2002 allows banks to seize and sell secured assets (mortgaged property) without a court order but with strict procedural safeguards:

60-Day Notice: Bank must send a demand notice under Section 13(2) SARFAESI giving you 60 days to repay before taking possession of secured property.

Right to Respond: You can file a representation within 15 days of the notice disputing the amount or procedure. Bank must consider your response.

Right to Challenge Before DRT: If you dispute the bank’s action file an application before the Debt Recovery Tribunal (DRT) within 45 days of possession notice under Section 17 SARFAESI. DRT can stay the bank’s action.

Right to Redemption: You can repay the entire outstanding amount and reclaim your property even after possession notice until the final sale of the property.

Rights Against Recovery Agents

Recovery agents cannot: use abusive language or threaten you, visit your home before 7 AM or after 7 PM, contact your family members or employers without prior notice, use physical force or intimidate you, or disclose your loan details to unauthorized persons. File a complaint with the bank’s Grievance Redressal Officer, then the RBI Banking Ombudsman at cms.rbi.org.in if agents harass you.

Frequently Asked Questions

Q: Can a bank seize my property without a court order?
For secured loans (home loan, LAP) yes, under SARFAESI after following procedure. For unsecured loans (personal loan, credit card) no, bank must go to civil court or DRT. Always challenge SARFAESI action before DRT within 45 days.

Q: What if I cannot repay the full amount?
Negotiate a One-Time Settlement (OTS) with the bank. Banks are often willing to settle for 60-80% of outstanding dues to close NPA accounts. We assist borrowers in negotiating favourable OTS terms.

Q: Can I get free legal help for loan disputes?
Yes for eligible persons NALSA — nalsa.gov.in. Also: Free Legal Aid in AP.

Also read: Cheque Bounce Lawyer in Vizag | Consumer Court Advocates Vizag | Best Lawyers in Vizag

📍 30-6-12, First Floor, Daba Gardens, Visakhapatnam 530020 | 📞 +91 99495 92127 | 🌐 19lawchambers.com

May 21, 2026 0 comments

Landlord rights India legal eviction process tenant - 19 Law Chambers Visakhapatnam

Legal Awareness

Landlord Rights in India: How to Evict Tenant Legally

by Ganta Surya Kiran May 21, 2026

written by Ganta Surya Kiran

Landlord Rights in India: How to Evict a Tenant Legally

By Advocate Ganta Surya Kiran | 19 Law Chambers, Visakhapatnam | Property Law

Many landlords face problem tenants — those who do not pay rent, refuse to vacate, sublet without permission, or damage property. While Indian law protects tenants from illegal eviction, it equally protects landlords’ rights to recover their property through proper legal channels. Advocate Ganta Surya Kiran at 19 Law Chambers guides landlords through the eviction process in Andhra Pradesh.

Always Have a Registered Rent Agreement

A properly drafted and registered rent agreement is your most important protection as a landlord. It clearly establishes: rent amount and due date, security deposit, tenure of tenancy, notice period for termination, permitted use of property, and maintenance responsibilities. Without a written agreement disputes become difficult to resolve. Register agreements of 12 months or more at the Sub-Registrar’s Office.

Legal Grounds for Eviction in AP

Under the AP Buildings (Lease, Rent and Eviction) Control Act and Transfer of Property Act landlords can file eviction suits on these grounds: non-payment of rent for 2+ months, subletting without landlord’s consent, causing damage to the property, using property for unlawful purposes, landlord requiring the property for personal use or reconstruction, and expiry of lease period after proper notice.

How to Evict a Tenant Legally — Step by Step

Step 1 — Send Legal Notice: Send a written eviction notice by Registered Post specifying the grounds for eviction and giving the tenant a reasonable time to vacate (typically 1 to 3 months). Guide: Legal Notice How to Send India.

Step 2 — File Eviction Suit: If tenant does not vacate — file an eviction suit (also called a suit for recovery of possession) before the Rent Controller or Civil Court having jurisdiction over the property in Visakhapatnam.

Step 3 — Court Proceedings: Court issues summons to tenant. Both sides present evidence and arguments. Courts generally try to resolve cases within 6 to 18 months for clear cases.

Step 4 — Eviction Decree: Court passes an eviction decree. If tenant still refuses to vacate file Execution Petition. Court will order bailiff to physically hand over possession to you.

What Landlords Cannot Do

Cannot forcibly remove tenant or change locks this is criminal trespass and the landlord can be prosecuted. Cannot cut electricity or water supply to force eviction. Cannot remove tenant’s belongings without court order. Violation of these rules can expose the landlord to criminal complaints — always follow legal process.

Frequently Asked Questions

Q: How long does eviction take in Visakhapatnam?
Uncontested eviction: 6 to 12 months. Contested: 1 to 3 years. Summary eviction proceedings under Order 37 CPC are faster for clear cases.

Q: Can I deduct unpaid rent from security deposit?
Yes you can deduct unpaid rent and documented repair costs from the security deposit. Return the balance with an itemised statement within a reasonable time after the tenant vacates. Also see tenant perspective: Tenants Rights India.

Q: Do I need to register my rent agreement?
For agreements up to 11 months — registration is optional but recommended. For agreements of 12 months or more — registration is compulsory under the Registration Act 1908. Full property guide: Property Documents Verification India.

Also read: Legal Notice How to Send India | Best Property Lawyers Vizag

📍 30-6-12, First Floor, Daba Gardens, Visakhapatnam 530020 | 📞 +91 99495 92127 | 🌐 19lawchambers.com

May 21, 2026 0 comments

Medical negligence complaint India consumer court hospital doctor - 19 Law Chambers Visakhapatnam

Legal Awareness

Medical Negligence Complaint in India | Vizag

by Ganta Surya Kiran May 21, 2026

written by Ganta Surya Kiran

Medical Negligence Complaint in India: Consumer Court and Legal Remedies

By Advocate Ganta Surya Kiran | 19 Law Chambers, Visakhapatnam | Legal Awareness

Medical negligence causes immeasurable suffering wrong diagnosis, botched surgery, medication errors, delayed treatment. Indian law recognises that patients are consumers and hospitals are service providers meaning all consumer protection remedies are available for medical negligence. Advocate Ganta Surya Kiran at 19 Law Chambers Visakhapatnam represents patients and families in medical negligence cases across Andhra Pradesh.

What is Medical Negligence in India?

Medical negligence occurs when a healthcare professional fails to provide the standard of care that a reasonably competent professional would provide in similar circumstances resulting in injury or death. The Supreme Court in Jacob Mathew v. State of Punjab (2005) clarified: doctors are not liable for every adverse outcome only for negligence falling below the standard of a competent practitioner.

Legal Remedies Available

Consumer Court: Hospitals and doctors providing paid medical services are “service providers” under the Consumer Protection Act 2019. File a consumer court complaint for deficiency of service and negligence. Compensation, refund of medical expenses, and damages for pain and suffering can be claimed. File online at edaakhil.nic.in. Full guide: Consumer Court Complaint India.

Criminal Complaint: In cases involving gross negligence causing death file an FIR under Section 304A IPC (causing death by negligence — up to 2 years imprisonment). Police must investigate. Know your rights: How to File FIR India.

NMC Complaint: File a complaint with the National Medical Commission (NMC) at nmc.org.in for professional misconduct. NMC can suspend or cancel the doctor’s licence.

Civil Suit: File a civil suit for damages in District Court. Civil suits allow recovery of actual loss plus compensation for pain, suffering, and mental agony.

How to Build a Medical Negligence Case

Collect: all medical records (prescriptions, test reports, discharge summary), hospital bills, expert medical opinion establishing negligence, witness statements from attendants, and photographs of injuries if visible. The key challenge is establishing that the doctor’s treatment fell below the standard of a competent practitioner this usually requires an expert medical opinion.

Frequently Asked Questions

Q: Is a second opinion enough to prove medical negligence?
A second opinion supporting negligence strengthens your case significantly but is not always sufficient alone. Courts appoint independent medical experts to assess the standard of care in complex cases.

Q: Can I file a consumer case against a government hospital?
Government hospitals providing free treatment are generally not covered under Consumer Protection Act (no payment = no service contract). However criminal complaints and civil suits are available regardless. Free legal aid: NALSA — nalsa.gov.in.

Q: What is the time limit to file medical negligence complaint?
Consumer court: 2 years from when negligence occurred or was discovered. Criminal complaint: no limitation for death cases. Civil suit: 3 years.

Also read: Consumer Court Advocates Vizag | Insurance Claim Rejected India | Free Legal Aid in AP

📍 30-6-12, First Floor, Daba Gardens, Visakhapatnam 530020 | 📞 +91 99495 92127 | 🌐 19lawchambers.com

May 21, 2026 0 comments

Power of attorney India property registration - 19 Law Chambers Visakhapatnam

Property & Land Law

Power of Attorney for Property in India: Complete Guide

by Ganta Surya Kiran May 21, 2026

written by Ganta Surya Kiran

Power of Attorney for Property in India: Complete Guide

By Advocate Ganta Surya Kiran | 19 Law Chambers, Visakhapatnam | Property Law

A Power of Attorney (POA) is one of the most misused documents in Indian property transactions. Thousands of people in Andhra Pradesh have lost their property because they signed POA documents without understanding what they were authorising. This guide explains POA clearly what it is, when to use it, and how to protect yourself.

What is a Power of Attorney?

A Power of Attorney is a legal document through which one person (the Principal) authorises another person (the Attorney or Agent) to act on their behalf. For property transactions the attorney can sign documents, register property, and complete transactions in the Principal’s name.

Types of POA

General Power of Attorney (GPA): Gives broad authority to the attorney to manage multiple matters property, banking, legal proceedings. Dangerous if given without specific restrictions.

Special Power of Attorney (SPA): Authorises the attorney for one specific transaction only e.g., to register a specific property at a specific Sub-Registrar’s Office. Much safer than GPA.

Irrevocable POA: Cannot be cancelled. Used only in specific commercial or loan contexts. Be very careful before signing an irrevocable POA.

Critical Rule — POA Must Be Registered for Property

The Supreme Court in Suraj Lamp and Industries v. State of Haryana (2011) made it clear: an unregistered POA cannot be used to transfer immovable property. Any property sale through an unregistered POA is void and has no legal effect. Always register the POA at the Sub-Registrar’s Office before using it for property transactions.

NRI Power of Attorney

NRIs can execute a POA abroad at the Indian Embassy or Consulate notarised and apostilled. The POA must then be presented to the Sub-Registrar in India for adjudication and registration within 3 months of execution. Read: NRI Legal Services Vizag.

How to Verify a POA Before Accepting It

Always verify a POA before accepting property from an attorney: confirm the POA is registered and not revoked, verify the Principal is alive and the POA has not expired, confirm the specific property and transaction are clearly authorised, and check that the POA has not been cancelled through a Cancellation Deed registered at the Sub-Registrar’s Office. Check at registration.ap.gov.in.

Frequently Asked Questions

Q: Can a POA be revoked?
Yes most POAs can be revoked at any time by registering a Revocation Deed at the Sub-Registrar’s Office and giving notice to the attorney. Transactions completed before revocation remain valid. An irrevocable POA can only be cancelled in specific circumstances.

Q: Is a POA valid after the Principal dies?
No a POA automatically becomes void upon the death of the Principal. Any transaction attempted by the attorney after the Principal’s death is invalid. Property verification guide: Property Documents Verification India.

Q: What if someone misused a POA I gave?
File a police complaint for criminal breach of trust under Section 406 IPC. Simultaneously file a civil suit to declare fraudulent transactions void. Contact us immediately — Best Property Lawyers Vizag. Free legal aid: NALSA — nalsa.gov.in.

Also read: Land Registration Process AP | Encumbrance Certificate AP | Patta Mutation AP

📍 30-6-12, First Floor, Daba Gardens, Visakhapatnam 530020 | 📞 +91 99495 92127 | 🌐 19lawchambers.com

May 21, 2026 0 comments

Best advocates in Guntur Vijayawada Andhra Pradesh - 19 Law Chambers Visakhapatnam

Legal Awareness

Best Advocates in Guntur and Vijayawada

by Ganta Surya Kiran May 21, 2026

written by Ganta Surya Kiran

Best Advocates in Guntur and Vijayawada | 19 Law Chambers

By Advocate Ganta Surya Kiran | 19 Law Chambers, Visakhapatnam

Clients from Guntur, Vijayawada, Krishna district, Machilipatnam, Eluru, and surrounding areas of South and Central Andhra Pradesh frequently require expert legal representation particularly for High Court of AP matters at Amaravati, property disputes, and family law cases. Advocate Ganta Surya Kiran at 19 Law Chambers Visakhapatnam provides expert legal services to clients from across Andhra Pradesh.

Legal Services for Guntur and Vijayawada Clients

High Court of AP — Amaravati: The High Court of Andhra Pradesh is located at Amaravati close to Guntur and Vijayawada. Advocate Ganta Surya Kiran appears directly before the High Court of AP for FIR quashing, bail, civil appeals, and writ petitions. Read: FIR Quashing Petition High Court AP | Anticipatory Bail India.

Property Law — Guntur and Krishna District: We handle land registration, EC verification at registration.ap.gov.in, patta at meebhoomi.ap.gov.in, partition suits, and RERA complaints at rera.ap.gov.in. Full guides: Property Documents Verification | Land Registration Process AP.

Family Law — Vijayawada: Divorce, maintenance, child custody for clients from Vijayawada and Guntur. Read: Divorce Procedure India | Child Custody Rights India.

Cyber Crime — South AP: Online fraud and cyber harassment assistance for Guntur and Vijayawada clients. Report at cybercrime.gov.in. Guide: Online Fraud Complaint India.

Frequently Asked Questions

Q: Can a Visakhapatnam advocate handle my Guntur property case?
Yes — AP Bar Council enrolled advocates practice across all AP courts. We regularly handle matters in Guntur, Vijayawada, Krishna, and before the High Court of AP at Amaravati.

Q: How do Guntur clients schedule consultation with 19 Law Chambers?
Call or WhatsApp +91 99495 92127 for appointment. Video consultations available for initial case assessment.

Q: Is free legal aid available in Guntur and Vijayawada?
Yes — through DLSA offices in each district. Guide: Free Legal Aid in Andhra Pradesh. Also: NALSA — nalsa.gov.in.

Also read: Best Advocates Kakinada East Godavari | Best Advocates Vizianagaram Srikakulam | Best Lawyers in Vizag

📍 30-6-12, First Floor, Daba Gardens, Visakhapatnam 530020 | 📞 +91 99495 92127 | 🌐 19lawchambers.com

May 21, 2026 0 comments

Writ petition High Court Andhra Pradesh habeas corpus mandamus certiorari - 19 Law Chambers Visakhapatnam

Legal Awareness

Writ Petition in High Court Andhra Pradesh: Types and How to File

by Ganta Surya Kiran May 21, 2026

written by Ganta Surya Kiran

Writ Petition in High Court of Andhra Pradesh: Types and How to File

By Advocate Ganta Surya Kiran | 19 Law Chambers, Visakhapatnam | Constitutional Law

When ordinary legal remedies fail when government authorities act illegally, fundamental rights are violated, or a person is illegally detained the High Court’s writ jurisdiction under Article 226 of the Constitution provides the most powerful and fastest legal remedy available. Advocate Ganta Surya Kiran at 19 Law Chambers appears before the High Court of Andhra Pradesh at Amaravati for all types of writ matters.

What is a Writ Petition?

A writ is a formal order from the High Court or Supreme Court directing a government body, authority, or lower court to do or refrain from doing something. Under Article 226 of the Constitution, the High Court can issue writs to enforce fundamental rights and for any other purpose. Under Article 32 the Supreme Court can issue writs for enforcement of fundamental rights only.

Types of Writs

Habeas Corpus (Produce the Body): The most urgent writ used when a person is illegally detained by police, prison authorities, or even private persons. The court orders the detaining authority to physically produce the person before the court. Used in: wrongful police detention beyond 24 hours without Magistrate order, illegal custody in mental health institutions, and family disputes over custody of adults. Know your rights: Police Arrest Rights India.

Mandamus (We Command): Orders a government body or public official to perform a statutory duty they are failing or refusing to perform. Used in: forcing police to register FIR, making government offices issue certificates or NOCs, compelling authorities to act on pending applications. Read: How to File FIR India.

Certiorari (To Be Certified): Quashes an illegal order passed by a lower court, tribunal, or government authority that exceeded its jurisdiction or violated natural justice. Used in: quashing illegal orders by Revenue authorities, quashing tribunal orders, and challenging government decisions.

Prohibition: Prevents a lower court or tribunal from exceeding its jurisdiction — filed before the decision is made. Quo Warranto (By What Authority): Challenges a person’s right to hold a public office they are not legally entitled to hold.

When to File a Writ in High Court AP

File a writ petition when: a government authority is acting illegally and causing immediate harm, lower court remedies are inadequate or too slow, fundamental rights under Part III of the Constitution are violated, and ordinary civil or criminal remedies do not cover the situation.

How to File Writ Petition in High Court of AP

Step 1: Consult an advocate experienced in High Court practice. Advocate Ganta Surya Kiran at 19 Law Chambers regularly appears before the High Court of AP at Amaravati for writ matters including FIR Quashing and bail matters.

Step 2: Draft the writ petition stating: facts, constitutional or legal provision violated, reliefs sought, and urgency if applicable.

Step 3: File before the High Court of AP Registry at Amaravati with court fees. Urgent petitions can be mentioned for immediate hearing.

Step 4: Court admits the petition and issues notice to the respondent (government authority). In urgent cases — interim orders are passed on the first day itself.

Frequently Asked Questions

Q: How long does a writ petition take in High Court AP?
Urgent matters interim orders on Day 1. Final disposal: 6 months to 3 years depending on complexity and priority.

Q: Can I file writ petition directly without going to lower courts?
Yes — but courts expect you to exhaust alternative remedies first (rule of alternative remedies). For fundamental rights violations writs can be filed directly without first approaching lower authorities.

Q: Is free legal aid available for High Court writ petitions?
Yes — through the High Court Legal Services Committee. Guide: Free Legal Aid in AP. Also: NALSA — nalsa.gov.in.

Also read: Anticipatory Bail India | Best Criminal Lawyers Vizag | Police Arrest Rights India

📍 30-6-12, First Floor, Opp. Prema Samajam, Daba Gardens, Visakhapatnam — 530020 📞 +91 99495 92127 | 🌐 19lawchambers.com | 📺 @19LawChambers

Disclaimer: This article is for general legal education only. Please consult a qualified advocate before taking any legal action.

May 21, 2026 0 comments

Benami Property Act India Benami Transactions Prohibition Act explained - 19 Law Chambers Visakhapatnam

Property & Land Law

Benami Property Act India: What It Is and How It Affects You

by Ganta Surya Kiran May 21, 2026

written by Ganta Surya Kiran

Benami Property Act India: What It Is and How It Affects You

By Advocate Ganta Surya Kiran | 19 Law Chambers, Visakhapatnam | Property Law

The Benami Transactions (Prohibition) Amendment Act, 2016 is one of the strictest property laws in India — with penalties including imprisonment up to 7 years and confiscation of the property. Understanding what constitutes a benami transaction and how to protect yourself is critical for every property buyer and seller in Andhra Pradesh.

What is a Benami Transaction?

A benami transaction is one where property is held by one person (the benamdar) but the actual benefits and cost are paid by another person (the real owner). Common examples: property registered in wife’s, children’s, or employee’s name but paid for and controlled by someone else, property purchased using black money in another person’s name, and property registered in a fictitious name.

Legitimate Exceptions — Not All Joint Purchases Are Benami

Property purchased in a spouse’s name out of known income is not benami. Property held by a trustee for a genuine trust, a Hindu Undivided Family (HUF) Karta holding for the family, and a person holding property for a minor child out of known income are all exceptions under the Act.

Penalties Under Benami Act 2016

If the Initiating Officer finds a transaction is benami: the property is attached and confiscated by the government, the benamdar faces imprisonment up to 7 years and fine up to 25% of the property’s fair market value, and the beneficial owner faces imprisonment up to 7 years and fine up to 25% of property’s value. Filing false information attracts imprisonment up to 5 years.

How to Verify a Property is Not Benami Before Purchase

Get a complete title search done by an advocate. Check who actually paid for the property through bank records. Verify the identity and financial capacity of the seller. Check EC at registration.ap.gov.in and patta at meebhoomi.ap.gov.in. Full checklist: Property Documents Verification India.

Frequently Asked Questions

Q: What if I unknowingly bought a benami property? A bona fide purchaser for value without notice is protected under the Act — provided you paid fair market value and had no reason to suspect benami nature. Always do thorough due diligence before purchase. Guide: Land Registration Process AP.

Q: Can benami property be recovered by the real owner? No — under the Act, beneficial owners cannot claim their benami property through courts. The property is confiscated by the government. This is why benami transactions are highly risky.

Q: How do I report a benami property? File a complaint with the Benami Prohibition Unit under the Income Tax Department. Contact us for guidance: Best Property Lawyers Vizag. Free legal aid: NALSA — nalsa.gov.in.

Also read: Power of Attorney India Property | Encumbrance Certificate AP | Best Lawyers in Vizag

📍 30-6-12, First Floor, Daba Gardens, Visakhapatnam 530020 | 📞 +91 99495 92127 | 🌐 19lawchambers.com | 📺 @19LawChambers

May 21, 2026 0 comments

Motor accident claim India MACT tribunal compensation process - 19 Law Chambers Visakhapatnam

Legal Awareness

Motor Accident Claim in India: MACT Tribunal Process

by Ganta Surya Kiran May 21, 2026

written by Ganta Surya Kiran

Motor Accident Claim in India: MACT Tribunal Process

By Advocate Ganta Surya Kiran | 19 Law Chambers, Visakhapatnam | Legal Awareness

Road accidents cause thousands of injuries and deaths across Andhra Pradesh every year. If you or a family member has been injured or killed in a road accident — you have the right to claim compensation from the Motor Accident Claims Tribunal (MACT). Advocate Ganta Surya Kiran at 19 Law Chambers Visakhapatnam assists accident victims and families in claiming maximum compensation from MACT.

What is MACT?

The Motor Accidents Claims Tribunal is a quasi-judicial body established under the Motor Vehicles Act, 1988 to provide fast and affordable compensation for road accident victims. MACT handles claims from accident victims or their families against: the vehicle owner, the driver, and the insurance company of the vehicle.

Who Can File MACT Claim?

The injured person themselves, legal heirs in case of death (spouse, children, parents), any person who suffered loss due to the accident including property damage, and even pedestrians and cyclists injured by motor vehicles.

Compensation Available Under MACT

For Injury: Medical expenses, loss of income during recovery, pain and suffering, future medical expenses, and loss of future earning capacity if permanently disabled.

For Death: Loss of dependency (calculated based on deceased’s income and age), funeral expenses, loss of consortium (for spouse), and loss of estate. Courts use structured formulas under the Supreme Court’s guidelines in National Insurance Co. v. Pranay Sethi (2017) for calculating death compensation.

Hit and Run Cases: Even if the vehicle is unidentified — claim compensation from the Solatium Fund under the Motor Vehicles Act. Contact us for assistance.

How to File MACT Claim — Step by Step

Step 1 — File FIR: If not already done file FIR at the nearest police station immediately after the accident. Guide: How to File FIR India.

Step 2 — Collect Documents: Police FIR and accident report, medical records and bills, disability certificate if applicable, death certificate and post-mortem report in death cases, vehicle insurance details, driving licence and RC of offending vehicle, and income proof of victim.

Step 3 — File MACT Petition: File before the MACT having jurisdiction typically where the accident occurred or where the claimant resides. File within 6 months of the accident (though courts can condone delay for good cause).

Step 4 — Interim Compensation: Under Section 166(6) Motor Vehicles Act MACT can award interim compensation of Rs 25,000 for grievous hurt and Rs 5 lakh for death within 30 days of filing. This helps families cover immediate expenses.

Step 5 — Final Award: After hearing both sides, MACT passes its award. Insurance company must pay within 30 days of award. If not paid — file execution petition.

Frequently Asked Questions

Q: What if the vehicle has no insurance?
Claim directly against the vehicle owner. If the vehicle is uninsured owner is personally liable. For hit and run — claim from Solatium Fund.

Q: Is there a time limit for MACT claim?
Yes — file within 6 months of the accident. Courts can condone delay but always file as soon as possible. Contact us immediately after any road accident.

Q: Can MACT award be appealed?
Yes — both claimant (if award is inadequate) and insurer (if liability is disputed) can appeal MACT award before the High Court of Andhra Pradesh. Read: Best Lawyers in Vizag | Free legal aid: NALSA — nalsa.gov.in.

Also read: Police Arrest Rights India | Insurance Claim Rejected India | External: Motor Vehicles Act — indiacode.nic.in

📍 30-6-12, First Floor, Daba Gardens, Visakhapatnam 530020 | 📞 +91 99495 92127 | 🌐 19lawchambers.com | 📺 @19LawChambers

May 21, 2026 0 comments

Adverse possession law India 12 years continuous possession property ownership - 19 Law Chambers Visakhapatnam

Property & Land Law

Adverse Possession Law India | Vizag

by Ganta Surya Kiran May 21, 2026

written by Ganta Surya Kiran

Adverse Possession Law India: Can 12 Years of Possession Give Ownership?

By Advocate Ganta Surya Kiran | 19 Law Chambers, Visakhapatnam | Property Law

Adverse possession is one of the most misunderstood concepts in Indian property law. Many people believe that simply occupying someone else’s land for 12 years automatically gives them ownership this is incorrect. The reality is more complex, and both property owners and occupants need to understand adverse possession clearly to protect their rights.

What is Adverse Possession?

Adverse possession is a legal doctrine under the Limitation Act, 1963 that allows a person who has been in actual, open, continuous, and hostile possession of another’s land for 12 years (private land) or 30 years (government land) to acquire title to that land if the true owner fails to take legal action within that period.

Elements Required for Adverse Possession

All five elements must be present simultaneously throughout the 12-year period:

Actual Possession: The person must be physically occupying and using the land not just claiming it.

Open and Visible: The possession must be visible and obvious not hidden. The true owner must have had the opportunity to see the occupation.

Continuous: Possession must be uninterrupted for the full 12 years. Any break in possession resets the clock.

Hostile: The possession must be without the owner’s permission. A tenant or licensee cannot claim adverse possession because their possession is with the owner’s consent.

Exclusive: The person claiming adverse possession must be exclusively occupying the land — not sharing it with the true owner.

How Property Owners Can Prevent Adverse Possession

File a suit for recovery of possession before 12 years expires. Even a single interruption of possession (through court proceedings, written protest, or police complaint) resets the limitation period. Regular inspection and revenue record maintenance in your name through patta at meebhoomi.ap.gov.in creates strong evidence of ownership. Check EC at registration.ap.gov.in regularly.

Recent Supreme Court Position

In Hemaji Waghaji Jat v. Bhikhabhai Khengarbhai Harijan (2009) the Supreme Court criticised adverse possession as an “archaic” doctrine that rewards wrongdoers. The Law Commission has recommended abolishing or significantly modifying adverse possession but the law has not been changed yet.

Frequently Asked Questions

Q: Can someone claim adverse possession of my property in Vizag?
Yes — if they have been in open, continuous, hostile possession for 12 years and you have not taken legal action. Act immediately if you discover someone occupying your land without permission. File an injunction: Best Property Lawyers Vizag.

Q: Can adverse possession be claimed against government land?
Much harder 30 years of possession required and government land is specifically protected under many state laws in AP. Scheduled area tribal land cannot be acquired by adverse possession.

Q: If I have been living on land for 20 years, can I get ownership?
Only if all five elements of adverse possession are met AND the true owner never filed a suit during that period. Consult us immediately for case-specific advice. Property guide: Property Documents Verification India. Free legal aid: NALSA — nalsa.gov.in.

Also read: Property Partition Suit India | Encumbrance Certificate AP | Patta Mutation AP

📍 30-6-12, First Floor, Daba Gardens, Visakhapatnam 530020 | 📞 +91 99495 92127 | 🌐 19lawchambers.com | 📺 @19LawChambers

May 21, 2026 0 comments

Consumer rights e-commerce online shopping fraud India - 19 Law Chambers Visakhapatnam

Legal Awareness

Consumer Rights for Online Shopping in India | Vizag

by Ganta Surya Kiran May 21, 2026

written by Ganta Surya Kiran

Consumer Rights for Online Shopping in India: E-Commerce Fraud Guide

By Advocate Ganta Surya Kiran | 19 Law Chambers, Visakhapatnam | Consumer Rights

Online shopping fraud fake products, non-delivery, wrongful refund rejection, and misleading advertisements affects millions of Indians every year. The Consumer Protection Act 2019 and the E-Commerce Rules 2020 give you strong rights against e-commerce platforms and sellers. Advocate Ganta Surya Kiran at 19 Law Chambers helps consumers recover losses from online shopping fraud across Andhra Pradesh.

Your Rights Under Consumer Protection Act 2019

E-Commerce platforms like Amazon, Flipkart, Myntra, Meesho, and individual online sellers are covered as “service providers” under the Consumer Protection Act 2019. Your rights include: right to receive goods as described and advertised, right to refund for defective or misrepresented products, right to cancel orders and get refunds within the return window, right to accurate information about products and prices, and right to compensation for mental agony caused by the platform’s failure.

Common E-Commerce Fraud in India

Counterfeit Products: Fake branded goods common on marketplace platforms. Non-Delivery: Product never arrives but delivery is marked as complete. Wrong Product: Completely different product delivered than what was ordered. Refund Refusal: Platform refuses refund claiming product is not eligible or was used. Misleading Advertisements: Products significantly different from photos and descriptions. Price Gouging: Selling essential goods at inflated prices especially during emergencies.

E-Commerce Rules 2020 — Platform Obligations

Under the Consumer Protection (E-Commerce) Rules 2020 e-commerce platforms must: display complete seller information, provide clear grievance redressal mechanism with a Grievance Officer, process refunds within prescribed timelines, not engage in misleading advertising, and provide goods and services as advertised.

How to Complain — Step by Step

Step 1: File complaint through the platform’s own grievance system first. Get a complaint number.
Step 2: If unresolved escalate to National Consumer Helpline at 1800-11-4000 or file at consumerhelpline.gov.in.
Step 3: File consumer court complaint at edaakhil.nic.in. For amounts up to Rs 1 crore District Consumer Forum. Full guide: Consumer Court Complaint India.
Step 4: File complaint with Central Consumer Protection Authority (CCPA) at ccpa-goi.nic.in for platform-wide issues and misleading ads.

Frequently Asked Questions

Q: Can I file consumer court case against Amazon or Flipkart?
Yes — and they regularly lose. Consumer courts have awarded compensation against major e-commerce platforms for defective products, non-delivery, and refund refusal. File at edaakhil.nic.in.

Q: What if online seller is based in another state?
You can file consumer complaint in the court where you (the consumer) reside regardless of where the seller is based. This is a major consumer-friendly provision.

Q: What if a fake review damaged my purchase decision?
Misleading reviews used to promote products are actionable under Consumer Protection Act as unfair trade practice. Also see: Consumer Court Advocates Vizag. Free legal aid: Free Legal Aid in AP.

Also read: Cheque Bounce Lawyer Vizag | Insurance Claim Rejected India | Best Lawyers in Vizag

📍 30-6-12, First Floor, Daba Gardens, Visakhapatnam 530020 | 📞 +91 99495 92127 | 🌐 19lawchambers.com | 📺 @19LawChambers

May 21, 2026 0 comments

Newer Posts

Older Posts