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Ganta Surya Kiran

Cyber stalking online harassment complaint India IT Act - 19 Law Chambers Visakhapatnam

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.

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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

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

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

May 19, 2026 0 comments

Encumbrance certificate Andhra Pradesh online - 19 Law Chambers Visakhapatnam

Property & Land Law

Encumbrance Certificate in Andhra Pradesh: How to Get EC Online

by Ganta Surya Kiran May 19, 2026

written by Ganta Surya Kiran

Encumbrance Certificate in Andhra Pradesh: How to Get EC Online

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

The Encumbrance Certificate (EC) is the single most important document to check before buying any property in Andhra Pradesh. It shows whether a property has any loans, mortgages, court orders, or legal disputes registered against it. Never buy land or a house in AP without checking the EC first.

What is an Encumbrance Certificate?

An EC is an official document issued by the Sub-Registrar’s Office showing all registered transactions on a property for a specified period. It includes sales, mortgages, gifts, partition deeds, and court attachments — any transaction that was registered at the Sub-Registrar’s Office.

A nil encumbrance certificate means no registered transactions exist for that period — but it does not guarantee clear title. Always combine EC verification with a full advocate title search.

How to Get Encumbrance Certificate Online in AP

Visit registration.ap.gov.in — the official AP Registration and Stamps Department website. Click on “Encumbrance Certificate” under services. Enter the district, SRO (Sub-Registrar Office), survey number or document number, and the period you want the EC for (minimum 30 years recommended). Pay the prescribed fee online. Download and print the EC.

How to Read an Encumbrance Certificate

The EC lists all registered transactions in chronological order. Look for: any mortgage or hypothecation (means the property is pledged as security for a loan), court attachment orders (means a court has frozen the property), any sale deed (to verify the ownership chain), and any partition deed (to understand how family property was divided).

If the EC shows a mortgage that has not been discharged — the loan must be cleared and a release deed registered before you buy the property. Advocate Ganta Surya Kiran helps clients interpret EC documents and identify red flags before purchase. Full checklist: Property Documents Verification India.

EC vs Patta — Difference

EC comes from the Sub-Registrar’s Office and shows registered transactions. Patta (revenue record) comes from the Tahsildar’s office and shows who the government recognises as the owner for revenue purposes. Both must match for the property to be legally clear. Check patta at meebhoomi.ap.gov.in.

Frequently Asked Questions

Q: How many years of EC should I check before buying property in AP? Minimum 30 years. This covers the standard limitation period for property claims. Some advocates recommend checking back to the original grant of the land for maximum protection.

Q: Is online EC valid for property registration? Yes — EC obtained through the online portal at registration.ap.gov.in is valid for all legal purposes including property registration and bank loans.

Q: Can EC miss any transactions? Yes — only registered transactions appear in EC. Unregistered agreements, family arrangements, and verbal agreements do not appear. This is why a full advocate title search (checking physical records at SRO and court searches) is also necessary. Land registration guide: Land Registration Process in Andhra Pradesh.

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

May 19, 2026 0 comments

Senior citizen legal rights India - Maintenance and Welfare Act - 19 Law Chambers Vizag

Legal Awareness

Senior Citizen Legal Rights in India: | 19 Law Chambers

by Ganta Surya Kiran May 19, 2026

written by Ganta Surya Kiran

Senior Citizen Legal Rights in India: Maintenance, Property and Protection

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

Senior citizens in India have powerful legal protections — yet many are unaware of their rights and suffer neglect, financial abuse, and property fraud in silence. This guide explains the key legal rights available to senior citizens in India and how to enforce them.

Right to Maintenance — Maintenance and Welfare of Parents and Senior Citizens Act, 2007

Under this Central Act — parents and senior citizens (above 60 years) who are unable to maintain themselves can claim monthly maintenance from their children or legal heirs. The application is filed before the Sub-Divisional Magistrate or District Collector’s tribunal — not a civil court. This makes it faster and cheaper than regular court proceedings.

Maximum maintenance under the Act: Rs 10,000 per month (varies by state — Andhra Pradesh may have higher limits under the AP amendment). Children who fail to pay face imprisonment up to 3 months. Even stepchildren and grandchildren can be liable if they inherit the senior citizen’s property.

Protection from Property Fraud

Senior citizens are frequent targets of property fraud — being pressured to transfer property through gift deeds, wills made under undue influence, or outright forgery. Under the Senior Citizens Act, any property transferred by a senior citizen as a condition for maintenance can be revoked if maintenance is denied after the transfer. This is a powerful remedy for seniors who gave property to children expecting care but received none.

Protection Orders — Under DV Act and Senior Citizens Act

Senior citizens can obtain protection orders against abusive family members under the Domestic Violence Act 2005 and the Senior Citizens Act 2007.

These orders can direct abusers to leave the shared household and maintain distance from the senior citizen.

Property Rights of Senior Citizens

Senior citizens retain full property rights under Indian law. No one — not even children — can force a senior citizen to transfer their property. A gift deed or will made under coercion or undue influence can be challenged in court and cancelled.

Frequently Asked Questions

Q: My son took my property and now does not support me. Can I get it back? Yes — under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, any transfer of property made on condition of maintenance can be declared void if maintenance is not provided. File an application before the SDM immediately.

Q: Who is responsible for maintaining senior citizens in India? Children and grandchildren who inherit or stand to inherit the property of the senior citizen are liable for maintenance. Even children living abroad (NRIs) are liable under Indian law.

Q: Is there a free helpline for senior citizens in India? Yes — call 14567 (Elderline — National Helpline for Senior Citizens). Free legal aid at NALSA — nalsa.gov.in.

Also read: Free Legal Aid in Andhra Pradesh.

Also read: Property Documents Verification India | Domestic Violence Act Rights | Best Lawyers in Vizag

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

May 19, 2026 0 comments

Hindu Succession Act daughters equal property rights India - 19 Law Chambers Visakhapatnam

Family Law

Hindu Succession Act: Daughters Equal Property Rights Explained

by Ganta Surya Kiran May 19, 2026

written by Ganta Surya Kiran

Hindu Succession Act: Daughters’ Equal Property Rights Explained

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

The 2005 amendment to the Hindu Succession Act, 1956 was a landmark change in Indian family law — it made daughters coparceners (equal shareholders) in ancestral Hindu family property by birth. Yet even today, thousands of women across Andhra Pradesh and Telangana are denied their rightful inheritance. This guide explains your rights clearly.

What Changed in 2005?

Before 2005, daughters had no right in ancestral (joint family) property — only sons were coparceners. The Hindu Succession (Amendment) Act, 2005 changed this entirely. Under Section 6 of the amended Act: a daughter shall by birth become a coparcener in her own right, in the same manner as a son. This right exists whether the father was alive or not on the date of the amendment — confirmed by the Supreme Court in Vineeta Sharma v. Rakesh Sharma (2020).

Daughters’ Rights in Ancestral Property

Daughters have an equal share in ancestral (HUF) property — property that has been inherited through at least four generations without division. You are entitled to: an equal share in any partition of ancestral property, the right to demand partition if brothers refuse, and the right to become a Karta (manager) of the HUF.

Daughters’ Rights in Self-Acquired Property

For property acquired by the father himself (not ancestral) — the father has the right to give it to anyone through a will. If the father dies without a will (intestate) — the property is divided equally among Class I heirs: wife, sons, daughters, and mother. No preference for sons over daughters.

How to Claim Your Inheritance

If brothers or other family members are denying your inheritance share — you can: file a partition suit before the District Court, approach the court for injunction to prevent sale of property without your share, file criminal complaints if property was fraudulently transferred, and approach the High Court if lower court relief is inadequate.

Frequently Asked Questions

Q: What if my father executed a will leaving everything to my brothers?

However, if the will was made under coercion or undue influence, or if the father lacked mental capacity — the will can be challenged before the District Court. Ancestral property cannot be fully excluded from daughters through a will.

Q: Does the 2005 amendment apply to daughters married before 2005?

Yes — the Supreme Court in Vineeta Sharma v. Rakesh Sharma (2020) confirmed that the right applies to all daughters by birth regardless of whether they were married before or after 2005.

Q: What is the time limit to claim inheritance?

Generally 12 years from when the right is denied. However, file as early as possible delay weakens your case and gives other parties time to create third-party interests.

Also read: Divorce Procedure in India | Wife Maintenance Rights Section 125 CrPC | Property Documents Verification India | Free Legal Aid in AP

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

May 19, 2026 0 comments

Bail application process in India - 19 Law Chambers Visakhapatnam

Criminal & Police Rights

Bail Application Process in India: Complete Guide

by Ganta Surya Kiran May 19, 2026

written by Ganta Surya Kiran

Bail Application Process in India: Complete Guide

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

Getting arrested is frightening — but Indian law provides clear rights to bail. Whether the offence is bailable or non-bailable, understanding the bail process can mean the difference between spending days in jail and going home to your family. Advocate Ganta Surya Kiran at 19 Law Chambers Visakhapatnam handles bail applications urgently across all courts in Andhra Pradesh.

What is Bail?

Bail is the temporary release of an arrested person, pending trial, upon furnishing a security or surety to the court. It ensures the accused appears for trial without spending unnecessary time in custody. Indian bail law is primarily governed by Sections 436 to 440 of the Code of Criminal Procedure (CrPC), now reflected in the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023.

Types of Bail in India

Regular Bail (Section 437/439 CrPC): Applied for after arrest. For non-bailable offences — granted by Magistrate or Sessions Court after hearing arguments from both sides.

Anticipatory Bail (Section 438 CrPC): Applied for before arrest when you apprehend arrest. Granted by Sessions Court or High Court. Read our full guide: Anticipatory Bail in India — How to Apply.

Interim Bail: Temporary bail granted for a short period while the main bail application is pending.

Default Bail (Section 167(2) CrPC): If police fail to file chargesheet within 60 days (for offences punishable up to 10 years) or 90 days (for offences punishable with death or life imprisonment) — you are automatically entitled to bail. This is a powerful right many people do not know about.

Bailable vs Non-Bailable Offences

For bailable offences — bail is a right. Police must release you on bail if you furnish the required surety. They cannot refuse. For non-bailable offences — bail is a privilege, not a right. Only a Magistrate or court can grant bail, after considering factors like nature of the offence, likelihood of fleeing, and risk of tampering with evidence.

How to Apply for Bail — Step by Step

Contact an experienced criminal advocate immediately. Time matters — Advocate Ganta Surya Kiran files bail applications the same day you contact us.
Your advocate prepares the bail application stating the offence, your personal details, grounds for bail, and your willingness to comply with any conditions.
The application is filed before the Magistrate (for most non-bailable offences) or Sessions Court (for serious offences or when Magistrate refuses bail).
Both sides argue — prosecution opposes bail citing flight risk or witness tampering risk; defence argues for bail citing personal circumstances, no prior record, and cooperation with investigation.
Court passes bail order with conditions — surety amount, surrender of passport, periodic police reporting, etc.

Factors Courts Consider for Bail

Nature and gravity of offence, prior criminal record, likelihood of fleeing justice, risk of tampering with evidence or influencing witnesses, community ties and family responsibilities, cooperation with investigation so far, and whether the accused is a first-time offender.

Frequently Asked Questions

Q: How fast can I get bail in Visakhapatnam? For bailable offences — same day as arrest. For non-bailable offences — Advocate Ganta Surya Kiran files urgent bail applications, typically heard within 24 to 48 hours by Sessions Court Visakhapatnam.

Q: What is default bail? If police fail to file chargesheet within the statutory period (60 or 90 days depending on offence) — you have an absolute right to bail under Section 167(2) CrPC. Contact us immediately if this deadline has passed in your case.

Q: Can bail be cancelled? Yes — if bail conditions are violated, the accused tampers with evidence, threatens witnesses, or a new serious offence is committed. Free legal aid is available at NALSA — nalsa.gov.in for eligible persons.

Also read: Police Arrest Rights in India | How to File FIR in India | Best Criminal Lawyers in Vizag

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

May 19, 2026 0 comments

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