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19 Law Chambers

Cyber Stalking and Online Harassment

by Ganta Surya Kiran May 20, 2026

written by Ganta Surya Kiran

Cyber Stalking and Online Harassment: How to File Complaint in India

By Advocate Ganta Surya Kiran | 19 Law Chambers, Visakhapatnam | Cyber Crime

Online harassment and cyber stalking are serious crimes that destroy mental peace, damage reputations, and can escalate to physical threats. If someone is repeatedly messaging you with threats, creating fake profiles in your name, posting defamatory content, or tracking your online activity Indian law provides strong remedies. Advocate Ganta Surya Kiran at 19 Law Chambers assists victims of cyber stalking across Visakhapatnam and Andhra Pradesh.

What is Cyber Stalking Under Indian Law?

Cyber stalking includes: repeated threatening or harassing messages through WhatsApp, Instagram, Facebook, or email; creating fake social media profiles in the victim’s name; posting private information or morphed images online; monitoring the victim’s online activity without consent; and making sexual overtures or threats online. It is punishable under multiple laws simultaneously.

Applicable Laws and Sections

Section 354D IPC/BNS — Stalking (including cyber stalking): Whoever follows, contacts, or monitors a woman through internet, email, or any form of electronic communication against her will imprisonment up to 1 year (first offence), up to 3 years (repeated offence). Women facing this: Women Safety Lawyers Visakhapatnam.
Section 66E IT Act — Publishing private images without consent: imprisonment up to 3 years and fine up to Rs 2 lakh. Full cyber crime laws: Cyber Crime Laws India IT Act.
Section 67 IT Act — Publishing obscene content online: imprisonment up to 3 years.
Section 500 IPC Defamation through online posts: 2 years imprisonment.
Section 66C IT Act Identity theft through fake profiles: 3 years imprisonment.

How to File Cyber Stalking Complaint — Step by Step

Step 1 — Document Everything: Take screenshots of all threatening messages, fake profiles, and offensive posts. Note the usernames, phone numbers, and email addresses used. Do not delete anything — this is your evidence.

Step 2 — Report Online at cybercrime.gov.in: File a complaint at cybercrime.gov.in under “Report Cyber Crime.” Select “Women and Child Related Crime” for gender-based harassment. Call 1930 helpline for immediate assistance. Full guide: Online Fraud Complaint India.

Step 3 — Report to Platform: Report the offending account to Facebook, Instagram, WhatsApp, or Google. Platforms must act on court orders and valid police requests to remove content and disclose user details.

Step 4 — File FIR at Cyber Crime Police Station Vizag: Visit with all screenshots and evidence. Police will register FIR under applicable IT Act sections and IPC/BNS. They can trace the stalker’s IP address and device details through court orders.

Step 5 — Seek Protection Order: For severe cases — we apply for a protection order before the Magistrate Court preventing the stalker from contacting you. Under the DV Act — if the stalker is a family member, stronger protection is available: Domestic Violence Act Rights.

Frequently Asked Questions

Q: Can police trace an anonymous harasser online?
Yes — through court orders directing internet service providers and platforms to disclose IP addresses, device details, and account information. This process takes time but is effective in most cases.

Q: What if the harasser is in another state?
File complaint at cybercrime.gov.in — this is a central portal covering all states. The Cyber Crime Police can coordinate across state lines through state cyber cells. Free legal aid: NALSA — nalsa.gov.in.

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

May 20, 2026 0 comments

Cyber crime laws India IT Act 2000 sections explained - 19 Law Chambers Visakhapatnam

Criminal & Police Rights

Cyber Crime Laws in India: IT Act 2000 Sections Explained

by Ganta Surya Kiran May 20, 2026

written by Ganta Surya Kiran

Cyber Crime Laws in India: IT Act 2000 Key Sections Explained

By Advocate Ganta Surya Kiran | 19 Law Chambers, Visakhapatnam | Cyber Crime

India’s primary law governing cyber crime is the Information Technology Act, 2000 (IT Act) along with relevant provisions of the Indian Penal Code (now Bharatiya Nyaya Sanhita 2023). Understanding which law covers which type of cyber crime helps victims take faster and more effective legal action.

Key Sections of IT Act 2000

Section 66 — Computer Related Offences: Dishonestly or fraudulently accessing a computer, downloading data, introducing virus, damaging computer systems. Punishment: imprisonment up to 3 years and fine up to Rs 5 lakh.

Section 66B — Receiving Stolen Computer Resource: Knowingly receiving stolen computer data or devices. Punishment: imprisonment up to 3 years and fine up to Rs 1 lakh.

Section 66C — Identity Theft: Fraudulently using another person’s electronic signature, password, or unique identification feature. Applies to OTP fraud, credential theft, account hacking. Punishment: imprisonment up to 3 years and fine up to Rs 1 lakh. Read: UPI Fraud Complaint India.

Section 66D — Cheating by Impersonation Using Computer: Using computer resource to impersonate another person and cheat. Covers fake customer care calls, phishing, fake social media profiles. Punishment: imprisonment up to 3 years and fine up to Rs 1 lakh.

Section 66E — Violation of Privacy: Capturing, publishing or transmitting intimate images without consent — including morphed photos and sextortion. Punishment: imprisonment up to 3 years and fine up to Rs 2 lakh. Read: Women Safety Lawyers Visakhapatnam.

Section 67 — Publishing Obscene Content Online: Publishing sexually explicit material electronically. Punishment: first conviction up to 3 years, subsequent convictions up to 5 years.

Section 67A — Publishing Sexually Explicit Content: More serious form — involving sexually explicit acts. Punishment: up to 5 years imprisonment.

Section 72 — Breach of Confidentiality: Disclosing information accessed in official capacity without consent. Applies to data breaches by companies and service providers.

IPC/BNS Sections Also Applied in Cyber Crimes

Section 420 IPC (Cheating — up to 7 years), Section 384 (Extortion — sextortion cases), Section 354C (Voyeurism — 1 to 3 years), Section 354D (Stalking — 1 to 5 years), Section 500 (Defamation — 2 years).

How to Report Cyber Crime in India

Call 1930 immediately. Report at cybercrime.gov.in. File FIR at Cyber Crime Police Station Visakhapatnam. Full guide: Online Fraud Complaint India.

Frequently Asked Questions

Q: Is Section 66A IT Act still valid? No — Section 66A (offensive online speech) was struck down by the Supreme Court in Shreya Singhal v. Union of India (2015) as unconstitutional for violating free speech. It is no longer in force.

Q: Can cyber crime accused get bail? Most IT Act offences are bailable. However for serious offences like Section 67A — bail conditions are stricter. Contact us immediately: Best Cyber Crime Lawyers in Vizag.

Q: What if the cyber criminal is in another state or country? Cyber crimes can be reported in any jurisdiction where the victim is located. For cross-border cyber crimes — Interpol coordination happens through the CBI Cyber Crime Unit. Report at cybercrime.gov.in. Free legal aid at NALSA — nalsa.gov.in.

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

May 20, 2026 0 comments

Property partition suit India family property division - 19 Law Chambers Visakhapatnam

Property & Land Law

Property Partition Suit in India: How to Divide Family Property

by Ganta Surya Kiran May 20, 2026

written by Ganta Surya Kiran

Property Partition Suit in India: How to Divide Family Property

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

Family property disputes are among the most emotionally charged and legally complex cases in India. When joint family members cannot agree on how to divide ancestral property — a partition suit before the District Court becomes necessary. Advocate Ganta Surya Kiran at 19 Law Chambers has successfully handled hundreds of partition matters across Visakhapatnam and Andhra Pradesh.

What is a Partition Suit?

A partition suit is a civil suit filed before the District Court seeking division of jointly held property among co-owners or coparceners. Any co-owner has the absolute right to demand partition at any time — this right cannot be waived permanently. The court either facilitates an agreed partition or orders a physical division (metes and bounds) or sale and distribution of proceeds.

Who Can File a Partition Suit?

Any coparcener (equal shareholder) in Hindu Undivided Family (HUF) property — including daughters after the 2005 amendment. Read: Hindu Succession Act Daughters Rights. Any co-owner of jointly held property. A legal heir after the death of an ancestral property holder without a will.

Step-by-Step Partition Suit Process

Step 1 — Attempt Negotiation First: Before filing suit, attempt a negotiated family settlement. If successful, execute a registered Partition Deed at the Sub-Registrar’s Office. This is the fastest and cheapest solution — we mediate family property settlements regularly at 19 Law Chambers.

Step 2 — File Partition Suit: If negotiation fails — file a civil suit before the District Court of Visakhapatnam (or the district where the property is located). The plaint must describe all properties, all parties, their relationship, and the share claimed.

Step 3 — Court Issues Notice: Court issues summons to all defendants (other co-owners). They file written statements accepting or contesting the partition.

Step 4 — Evidence and Arguments: Both sides present documents — title deeds, patta, EC, revenue records — and witness testimony. Courts also appoint a Commissioner to inspect and value the property.

Step 5 — Preliminary and Final Decrees: The court first passes a Preliminary Decree declaring shares. Then a Final Decree specifying exactly which portion goes to whom or ordering sale if physical division is not feasible.

Frequently Asked Questions

Q: Can one family member block partition of ancestral property? No — every coparcener has an absolute right to demand partition. No one can permanently block partition. However, they can contest the shares claimed by other parties.

Q: How long does a partition suit take in India? Uncontested partition with cooperation: 6 to 18 months. Contested partition: 3 to 7 years depending on complexity. Mediation can significantly reduce this timeline. Check property documents: Property Documents Verification India.

Q: What is a Partition Deed and do I need to register it? A Partition Deed is a document signed by all parties agreeing to the division. It must be registered at the Sub-Registrar’s Office to be legally valid. Stamp duty applies. After registration — update patta: Patta Mutation Andhra Pradesh.

Also read: Land Registration Process AP | Encumbrance Certificate AP | External: CPC Order 20 — indiacode.nic.in

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

May 20, 2026 0 comments

How to send legal notice in India - Legal notice format and process - 19 Law Chambers Vizag

Legal Awareness

How to Send a Legal Notice in India: Complete Guide | Vizag

by Ganta Surya Kiran May 20, 2026

written by Ganta Surya Kiran

How to Send a Legal Notice in India: Complete Guide

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

A legal notice is a formal written communication sent by one party to another before initiating legal proceedings. It puts the recipient on notice of your grievance and gives them a chance to resolve it before court action. In many cases — sending a legal notice is the fastest way to resolve a dispute without going to court at all.

When is a Legal Notice Mandatory?

Legal notice is compulsory before filing a suit for: cheque bounce under Section 138 NI Act (30-day notice mandatory — full guide: Cheque Bounce Case Section 138), consumer court complaints (recommended though not always mandatory), recovery suits where a prior demand was not made, and specific performance suits under the Specific Relief Act.

What Should a Legal Notice Contain?

A proper legal notice must include: sender’s full name and address, recipient’s full name and address, detailed facts of the dispute, specific legal rights being invoked, the exact relief demanded (payment, action, or cessation of activity), a clear deadline for response or compliance (typically 15 to 30 days), and consequences if the demand is not met (specific legal proceedings to be initiated).

How to Send a Legal Notice

Always send by Registered Post with Acknowledgement Due (RPAD) — this creates a postal record of delivery that is accepted as proof in court. WhatsApp or email notices are not substitutes for legal purposes (though they can supplement a postal notice). Keep the original postal receipt and the returned acknowledgement card safely.

Must a Legal Notice Be Sent by an Advocate?

No — a legal notice can be sent by any person. However, a notice drafted by an advocate carries more weight, uses precise legal language, and signals to the recipient that legal action will follow. For significant disputes, always have an advocate draft and send the notice.

How to Respond to a Legal Notice

If you receive a legal notice — do not ignore it. Ignoring a legal notice can be used against you in court. Respond within the time given, through your own advocate. Assess whether the claim has merit — if it does, consider settling to avoid litigation costs.

Frequently Asked Questions

Q: What happens if the recipient ignores my legal notice? You can proceed to file the appropriate legal case — civil suit, Magistrate complaint, or consumer forum application depending on the nature of your dispute.

Q: Can a legal notice be sent via WhatsApp or email? For general commercial disputes — yes, electronic notices are increasingly accepted. For cheque bounce under Section 138 NI Act — the Supreme Court has held that postal notice is required, not just electronic. Always send by RPAD for safety.

Q: How much does a legal notice cost in India? Advocate fees for drafting and sending a legal notice typically range from Rs 1,000 to Rs 5,000 depending on complexity. This is a small cost compared to the resolution it can achieve.

Also read: Cheque Bounce Case Section 138 NI Act | Consumer Court Complaint India | Best Lawyers in Vizag | Divorce Procedure India

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

May 20, 2026 0 comments

Mutual consent divorce procedure India Section 13B HMA - 19 Law Chambers Visakhapatnam

Family Law

Mutual Consent Divorce Procedure in India: Complete Step-by-Step

by Ganta Surya Kiran May 20, 2026

written by Ganta Surya Kiran

Mutual Consent Divorce Procedure in India: Complete Step-by-Step Guide

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

When both spouses agree to end the marriage, mutual consent divorce is the fastest, least expensive, and least stressful legal route. Governed by Section 13B of the Hindu Marriage Act, 1955, it requires both parties to agree on all terms — maintenance, child custody, and property. Advocate Ganta Surya Kiran at 19 Law Chambers guides couples through the entire mutual consent divorce process before Family Court Visakhapatnam.

Eligibility for Mutual Consent Divorce

Both spouses must agree to the divorce. The couple must have lived separately for at least 1 year before filing. Both must agree on maintenance amount, child custody arrangements, and property division. Neither should have been coerced into consenting — courts verify genuine free consent.

Documents Required

Original marriage certificate, address proof of both spouses, passport-size photographs of both, identity proof (Aadhaar, PAN), proof of separation (separate address proofs, utility bills), and if children are involved — birth certificates and custody agreement.

Step-by-Step Mutual Consent Divorce Process

Step 1 — Negotiate and Agree on Terms: Before filing, settle all terms — monthly maintenance amount, child custody schedule, division of jointly held property and assets. We assist couples in drafting comprehensive settlement agreements that protect both parties.

Step 2 — File Joint Petition: Both spouses file a joint petition before the Family Court having jurisdiction (where couple last lived together, or where wife resides). The petition includes the settlement agreement and states mutual consent clearly.

Step 3 — First Motion: The court records statements of both parties — their personal details, duration of marriage, period of separation, and their free consent to divorce. This is the First Motion hearing.

Step 4 — Cooling-Off Period: Traditionally 6 months is given for reconciliation. However, the Supreme Court in Amardeep Singh v. Harveen Kaur (2017) held courts can waive this period if: parties have been separated for over 18 months, mediation has failed, and the marriage is clearly irretrievably broken.

Step 5 — Second Motion: Both parties appear again to confirm their decision is final. Court verifies all terms are agreed and no coercion exists.

Step 6 — Divorce Decree: Court passes the divorce decree. The marriage is legally dissolved from this date. Both parties receive certified copies of the decree.

Frequently Asked Questions

Q: Can one party withdraw from mutual consent divorce? Yes — either party can withdraw consent at any time before the final decree is passed (Second Motion). Courts scrutinise whether consent is genuinely free. After Second Motion — the decree is final.

Q: Can NRIs file mutual consent divorce in Visakhapatnam? Yes — if the marriage was solemnised in India or either party is domiciled in India, Indian Family Court has jurisdiction. Full divorce guide: Divorce Procedure in India.

Q: What if we cannot agree on child custody? Partial agreements are allowed — you can agree on divorce and maintenance and leave custody to be decided by the court separately. Read: Child Custody Rights India. Maintenance rights: Wife Maintenance Rights Section 125 CrPC. Free legal aid: NALSA — nalsa.gov.in.

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

May 20, 2026 0 comments

RERA complaint Andhra Pradesh against builder delayed possession - 19 Law Chambers Visakhapatnam

Property & Land Law

RERA Complaint in Andhra Pradesh: How to File Against Builder

by Ganta Surya Kiran May 20, 2026

written by Ganta Surya Kiran

RERA Complaint in Andhra Pradesh: How to File Against Builder

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

Builder delayed possession? Poor construction quality? Failure to provide promised amenities? The Real Estate (Regulation and Development) Act, 2016 (RERA) gives homebuyers powerful rights against builders. Advocate Ganta Surya Kiran at 19 Law Chambers has successfully represented homebuyers against builders before AP RERA, getting refunds and compensation across Andhra Pradesh.

What is RERA and Who Does It Cover?

RERA applies to all residential and commercial real estate projects with more than 500 sq metres area or more than 8 apartments. All such projects must be registered with AP RERA. Verify builder’s RERA registration at rera.ap.gov.in before buying. Buying from an unregistered project gives you no RERA protection.

Homebuyer Rights Under RERA

Right to accurate information about project plans, approvals, timeline. possession within agreed date with compensation for delay at SBI MCLR + 2% interest. structural defect repair for 5 years after possession. full refund with interest if builder fails to deliver. Right to form a Resident Welfare Association (RWA) after possession.

Grounds for RERA Complaint

Delay in possession beyond agreed date, change in project plan without buyer’s consent, construction defects or poor quality, non-delivery of promised amenities, failure to obtain occupancy certificate, misrepresentation in advertising, and failure to register the project with RERA.

How to File RERA Complaint in AP — Step by Step

Step 1: Verify builder’s RERA registration at rera.ap.gov.in. Note the project registration number.

Step 2: Gather all documents — sale agreement, payment receipts, correspondence with builder, brochures showing promised amenities, and photographs of construction defects.

Step 3: File complaint online at rera.ap.gov.in under “Complaint Registration.” Pay the prescribed fee (nominal). Attach all supporting documents.

Step 4: AP RERA adjudicating officer hears both parties and passes order — typically within 60 days. Orders include refund with interest, compensation, and penalty on builder.

Step 5: If builder does not comply with RERA order — file execution petition before RERA. Non-compliance attracts daily penalty and imprisonment for developer.

Frequently Asked Questions

Q: Can I get a refund if builder delays possession? Yes — under Section 18 of RERA, if possession is delayed you can either withdraw from the project with full refund plus interest, or continue and claim monthly compensation for delay period. Property verification: Property Documents Verification India.

Q: What if the builder says RERA doesn’t apply to my project? Verify registration at rera.ap.gov.in. If the project should have been registered but wasn’t — the builder has committed an offence. File a complaint with AP RERA authority. Also file consumer court complaint: Consumer Court Advocates in Vizag.

Q: Can I file both RERA and consumer court complaint? Yes — RERA and consumer court remedies can be pursued simultaneously for different reliefs. RERA is faster for possession and refund. Consumer court can award additional compensation for mental agony.

Also read: Land Registration Process AP | Best Property Lawyers Vizag

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

May 20, 2026 0 comments

FIR quashing petition High Court Andhra Pradesh Section 482 CrPC - 19 Law Chambers Visakhapatnam

Criminal & Police Rights

FIR Quashing Petition in High Court of Andhra Pradesh | Vizag

by Ganta Surya Kiran May 20, 2026

written by Ganta Surya Kiran

FIR Quashing Petition in High Court of Andhra Pradesh: Complete Guide

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

A false or malicious FIR can devastate your life even before any conviction happens. The mere registration of an FIR damages reputation, career, and family relationships. The most powerful remedy available is an FIR quashing petition before the High Court of Andhra Pradesh under Section 482 CrPC. Advocate Ganta Surya Kiran at 19 Law Chambers regularly appears before the High Court of Andhra Pradesh for FIR quashing matters.

What is FIR Quashing Under Section 482 CrPC?

Section 482 CrPC preserves the inherent powers of the High Court to prevent abuse of the process of law and to secure ends of justice. Using this power, the High Court can quash (cancel) an FIR if: the allegations do not constitute a cognizable offence, the FIR is manifestly filed with malafide intent, parties have amicably settled, no purpose of criminal justice would be served by prosecution, or continuing the case would be an abuse of the court process.

Grounds for Quashing FIR in AP

Compoundable Offences with Settlement: In matrimonial cases like 498A dowry harassment, cheque bounce, and minor property disputes if parties have genuinely settled their dispute, the High Court regularly quashes the FIR. Read: Section 498A Dowry Harassment Guide.

Allegations Do Not Disclose Offence: If even taking all allegations at face value, no cognizable offence is made out the High Court quashes the FIR. Example: a civil dispute (unpaid rent, contract breach) dressed up as criminal cheating.

Malafide Registration: If the FIR is clearly filed to harass or as a counter-blast in a civil dispute High Court quashes it.

No Evidence Supporting Allegations: While High Court generally does not conduct a mini-trial at quashing stage, blatant falsity with no supporting material can justify quashing.

How to File FIR Quashing Petition in High Court AP

Step 1 — Obtain FIR Copy: Get certified copy of the FIR from the police station. Read our FIR guide: How to File FIR in India.

Step 2 — Consult Criminal Advocate: Contact Advocate Ganta Surya Kiran at 19 Law Chambers immediately. Time matters filing for anticipatory bail simultaneously protects you from arrest while quashing petition is pending. See: Anticipatory Bail in India.

Step 3 — File Petition Before High Court AP: The petition is filed in the High Court of Andhra Pradesh at Amaravati (or through an authorised advocate). It includes the FIR, grounds for quashing, affidavit, and all supporting documents.

Step 4 — Interim Stay of Investigation: The High Court may grant an interim order staying the investigation while the petition is heard preventing police from making arrests during that period.

Step 5 — Hearing and Order: The Court hears arguments from your advocate and the government pleader (representing the state/police). If satisfied, passes the quashing order.

Frequently Asked Questions

Q: Can all FIRs be quashed? No serious offences like murder, rape, POCSO, and terrorism cannot be quashed merely on settlement. The Supreme Court in Gian Singh v. State of Punjab (2012) laid down detailed guidelines on which FIRs can and cannot be quashed.

Q: How long does FIR quashing take in High Court AP? Typically 3 to 12 months depending on the complexity and High Court’s schedule. In urgent cases with immediate threat of arrest we simultaneously file for interim protection.

Q: Can FIR be quashed if only one party wants it? Yes where the allegations are legally insufficient or clearly false, the High Court can quash even without the complainant’s consent. Free legal aid: NALSA — nalsa.gov.in.

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

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May 20, 2026 0 comments

Employment rights India salary termination gratuity - 19 Law Chambers Visakhapatnam

Legal Awareness

Employment Rights in India | 19 Law Chambers

by Ganta Surya Kiran May 20, 2026

written by Ganta Surya Kiran

Employment Rights in India: Salary, Termination and Labour Law Guide

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

Every worker in India has legal rights — regardless of whether they work in a factory, office, shop, or as a domestic worker. Yet most employees do not know their rights until they face an illegal termination, unpaid salary, or gratuity dispute. This guide explains your core employment rights in India.

Right to Salary — What If Employer Does Not Pay?

Under the Payment of Wages Act, 1936 — wages must be paid on time (by 7th of the following month for establishments with fewer than 1,000 employees). Unpaid wages attract compensation. If your employer does not pay: send a written demand by registered post, file a complaint before the Labour Commissioner or Payment of Wages Authority, and file a civil suit for recovery of dues with interest. Criminal complaint can also be filed under Section 406 IPC (criminal breach of trust) in egregious cases.

Wrongful Termination — Your Rights

For employees covered under the Industrial Disputes Act, 1947: employers with 100+ workers must get government permission before terminating employees. Termination without valid reason or without following due process (show cause notice, enquiry, hearing) can be challenged. Remedies include reinstatement with back pay and compensation. For employees not covered — civil suits for breach of contract and damages are available.

Gratuity Rights

Under the Payment of Gratuity Act, 1972 — employees who have completed 5 years of continuous service are entitled to gratuity on termination, resignation, retirement, or death. Formula: 15 days wages for every completed year of service, subject to maximum Rs 20 lakh. Employer cannot withhold gratuity except for wilful damage to property. File claim before the Controlling Authority (Labour Commissioner) if employer refuses.

Provident Fund (PF) Rights

Under the Employees Provident Funds and Miscellaneous Provisions Act, 1952 — employers must contribute 12% of basic salary to PF. Employees can claim PF withdrawal online through EPFO — epfindia.gov.in. If employer is not depositing PF — file complaint at EPFO Regional Office, Visakhapatnam.

Frequently Asked Questions

Q: Can I be fired without notice in India? Generally no — most employment contracts require notice period (typically 1 to 3 months). Immediate termination without notice requires payment of salary in lieu of notice. For unionised workers under Industrial Disputes Act — retrenchment procedures must be followed.

Q: What is the minimum wage in Andhra Pradesh? Minimum wages in AP are revised periodically by the state government and vary by industry and skill category. Check current AP minimum wages at the AP Labour Department website. Employer paying below minimum wage can be prosecuted under Minimum Wages Act 1948.

Q: Can a woman be terminated for pregnancy in India? No — terminating employment due to pregnancy is illegal under the Maternity Benefit Act 1961. A woman is entitled to 26 weeks paid maternity leave. Violation is a criminal offence.

Also read: Consumer Court Advocates in Vizag | Free Legal Aid in Andhra Pradesh | Best Lawyers in Vizag | External: EPFO — epfindia.gov.in

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

May 20, 2026 0 comments

Succession certificate India how to get from District Court - 19 Law Chambers Visakhapatnam

Legal Awareness

Succession Certificate in India: How to Get It & When You Need It

by Ganta Surya Kiran May 20, 2026

written by Ganta Surya Kiran

Succession Certificate in India: How to Get It and When You Need It

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

When a person dies without a will, their bank accounts, investments, and debts cannot be accessed or transferred without legal authority. A Succession Certificate issued by the District Court is the primary document that gives legal heirs the authority to collect debts and securities of the deceased. Advocate Ganta Surya Kiran at 19 Law Chambers regularly handles succession certificate applications for families in Visakhapatnam and across Andhra Pradesh.

What is a Succession Certificate?

A Succession Certificate is a judicial document issued by the District Court under the Indian Succession Act, 1925. It certifies who the legal heirs of the deceased are and grants them authority to collect debts, bank balances, fixed deposits, insurance proceeds, and securities (shares, bonds) that belonged to the deceased. Banks and financial institutions require this certificate before transferring assets to heirs when there is no nomination or will.

When Do You Need a Succession Certificate?

You need a Succession Certificate when: the deceased had bank accounts without nominees, fixed deposits or recurring deposits without nominees, shares and mutual fund investments, insurance policies with no surviving nominee, loans or debts owed to the deceased, and EPF or gratuity amounts. NRI families frequently need this for transferring assets held in India. Read: NRI Legal Services Vizag.

Succession Certificate vs Legal Heir Certificate

A Legal Heir Certificate is issued by the Tahsildar and is used for government employment, pension transfers, and small bank account claims. It is simpler and faster but has limited legal standing for large financial claims. A Succession Certificate from the District Court has wider acceptance and legal authority required by banks, EPFO, and for investment transfers above certain thresholds.

How to Get Succession Certificate — Step by Step

File a petition before the District Court of the district where the deceased ordinarily resided, or where the property is located. Advocate Ganta Surya Kiran drafts and files the petition.
The petition must state: full details of the deceased, date and place of death, names and relationships of all legal heirs, details of the debts and securities for which the certificate is sought.
Court issues a notice to be published in a local newspaper giving 45 days for any objections from other potential claimants.
If no objections court issues the Succession Certificate within 60 to 90 days. If objections are filed a contested hearing follows.
The certificate is stamped and authenticated. Take this to the bank or financial institution along with death certificate and identity proof to complete the transfer.

Frequently Asked Questions

Q: Can I access the deceased’s bank account without a Succession Certificate?

If there is a valid nominee nominee can access the account without Succession Certificate. If there is no nominee and no will banks typically require Succession Certificate for amounts above Rs 5 lakh. For smaller amounts an Indemnity Bond with Legal Heir Certificate may suffice.

Q: What if another family member objects to the Succession Certificate?

The court hears both parties and decides based on relationship evidence and applicable personal law. Such disputes require careful legal representation.

Q: Does a will replace a Succession Certificate?

Yes — if there is a valid will, probate (court approval of will) replaces succession certificate for most purposes. Read our guide on Hindu Succession Act Daughters Rights. Free legal aid: NALSA — nalsa.gov.in.

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

May 20, 2026 0 comments

Child custody rights in India - Family Court Visakhapatnam - 19 Law Chambers

Family Law

Child Custody Rights in India: Complete Legal Guide

by Ganta Surya Kiran May 19, 2026

written by Ganta Surya Kiran

Child Custody Rights in India: Complete Legal Guide

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

When a marriage breaks down, the most painful question is: who gets custody of the children? Indian law answers this with one overriding principle — the welfare and best interests of the child come first, above the rights or preferences of either parent. Advocate Ganta Surya Kiran at 19 Law Chambers Visakhapatnam represents parents in all child custody matters before the Family Court Visakhapatnam and High Court of Andhra Pradesh.

Types of Child Custody in India

Physical Custody: The child lives primarily with one parent (the custodial parent). The other parent gets visitation rights.

Legal Custody: The right to make major decisions about the child’s education, healthcare, and religion. Can be shared jointly between both parents even when physical custody is with one.

Joint Custody: The child spends regular time with both parents on a defined schedule. Courts increasingly favour joint custody arrangements that allow meaningful relationships with both parents.

Sole Custody: Rarely granted — only when one parent is found unfit due to violence, abuse, addiction, or abandonment.

Laws Governing Child Custody in India

Guardians and Wards Act, 1890 — primary law governing child custody for all communities. Courts act as parens patriae (guardian of last resort) for children. Hindu Minority and Guardianship Act, 1956 — for Hindus, Sikhs, Buddhists, and Jains. For children under 5 years — mother is generally preferred as natural guardian. Muslim Personal Law — mother has right to custody (hizanat) of young children. Special Marriage Act, 1954 — for inter-faith couples registered under the Act.

How Courts Decide Child Custody

Indian courts consider: age and gender of the child, child’s own preference (if old enough), financial stability of each parent, emotional bond between child and each parent, educational facilities available, moral character and conduct of each parent, ability to provide a stable home, and any history of violence or abuse.

Visitation Rights — Non-Custodial Parent

The parent who does not have physical custody always retains the right to meet and spend time with their child — unless the court finds this poses a genuine risk to the child’s safety. Courts structure visitation schedules carefully to maintain the child’s relationship with both parents.

Frequently Asked Questions

Q: At what age can a child decide which parent to live with in India? There is no fixed age in law. Courts consider the child’s preference from around age 9 to 10 but give it more weight as the child grows older and more mature. The child’s expressed preference is one factor among many — never the only deciding factor.

Q: Can child custody orders be changed after divorce? Yes — either parent can apply for modification if there is a material change in circumstances, such as relocation, remarriage, change in child’s needs, or evidence of abuse or neglect by the custodial parent.

Q: Can grandparents claim custody of grandchildren? In exceptional circumstances — yes. If both parents are found unfit or deceased, courts can award custody to grandparents or other relatives in the child’s best interests under the Guardians and Wards Act 1890.

Also read: Divorce Procedure in India | Wife Maintenance Rights Section 125 CrPC | Domestic Violence Act Rights | Free legal aid: NALSA — nalsa.gov.in

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May 19, 2026 0 comments

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