Frequently Asked Questions

FAQ
General Legal Awareness – For Informational Purposes Only
Disclaimer: The following questions and answers are intended to help users understand general legal procedures and concepts under Indian law. This page does not offer legal advice and does not create any advocate-client relationship. For personal legal assistance, individuals must seek a formal consultation.
1. What is the difference between civil and criminal cases?
Civil cases involve private disputes between individuals or organizations, typically over rights, contracts, or property. Criminal cases are prosecuted by the State and involve actions considered offenses under the Indian Penal Code (IPC), such as theft, assault, or fraud.
2. What is anticipatory bail and when can it be filed?
Anticipatory bail is a legal remedy available under Section 438 of the Criminal Procedure Code (CrPC), allowing a person to seek protection from arrest in anticipation of being accused of a non-bailable offense. It must be filed before arrest.
3. What are the stages of a civil suit in court?
Typical stages include:
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Filing of plaint
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Issue of summons
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Filing of written statement
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Framing of issues
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Evidence and cross-examination
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Final arguments
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Judgment
Each stage has its own procedural and time-based requirements under the Code of Civil Procedure (CPC).
4. How is a divorce petition filed in India?
A divorce can be filed either through mutual consent (both parties agree) or contested (one party seeks divorce). Jurisdiction lies with the Family Court where the couple last resided together or where the respondent resides. Various personal laws govern the grounds for divorce depending on the religion of the parties.
5. What is a legal notice, and when is it sent?
A legal notice is a formal written communication sent by an individual or their lawyer, informing the other party of a legal grievance and intention to initiate legal action if the issue is not resolved amicably. It is often used in civil, property, and consumer disputes.
6. What are the rights of a person arrested by the police?
Under Article 22 of the Constitution and CrPC provisions, an arrested person has the right to:
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Be informed of the reason for arrest
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Be produced before a magistrate within 24 hours
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Consult a legal practitioner of their choice
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Remain silent (right against self-incrimination)
7. How is property inherited if someone dies without a will?
In the absence of a will, property is distributed as per the rules of intestate succession, governed by personal laws such as:
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Hindu Succession Act (for Hindus, Buddhists, Jains, Sikhs)
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Indian Succession Act (for Christians and Parsis)
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Muslim Personal Law (for Muslims)
8. What documents are needed for property registration?
Key documents typically include:
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Sale deed or title deed
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Identity and address proof of buyer and seller
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PAN card (for transactions over ₹50,000)
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Encumbrance certificate
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Property tax receipts
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Passport-size photographs
State-specific laws and procedures may vary.
9. What is a court fee and why is it required?
Court fees are charges levied on legal petitions to maintain the administration of justice. The amount varies based on the type of case (civil, matrimonial, etc.) and the monetary value involved. Fees are usually paid via judicial stamp papers or through the e-Courts system.
10. Can I consult an advocate before filing a case?
Yes, it is advisable to consult an advocate to understand your legal rights, available remedies, and the procedures involved before initiating any legal action.
Important Reminder
The purpose of this FAQ page is to educate users on basic legal concepts and common procedures. It is not a substitute for professional legal advice. Visitors are encouraged to contact a licensed advocate for specific legal issues.
Disclaimer
“This website is designed only for the purpose of providing basic information about the Advocate, and not for the purpose of advertising or solicitation. Any information provided on this website is true and correct to the best of our knowledge and belief, and in accordance with Rule 36 of the Bar Council of India Rules.”
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Nagpur Advocates
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26A, beside Narang Tower, Collectors Colony, Civil Lines, Nagpur, Maharashtra 440001
+91–83789-94800