The answers below are general information, not analysis of any particular case. Court fees, stamp duty rates and the sections of the newer criminal codes are all revised from time to time, and every matter turns on its own facts, so the current position should be confirmed, and a lawyer consulted, before anything is done about a specific matter.
Property and land
How do I get a property mutated in my name in Kolkata?
Mutation updates the government’s records to show a new owner after a purchase, gift or inheritance, so that ownership and tax records reflect the current owner; registering a sale does not by itself mutate the record. Within Kolkata Municipal Corporation limits, an application is made to KMC’s Assessment Department to mutate the property-tax records, and separately to the local BL&LRO through Banglarbhumi for the land record (khatian). The registered deed, the previous owner’s details, up-to-date tax receipts and identity proof are generally required; KMC accepts mutation applications online. See the guide to mutation (namjari).
How can I check who owns a property or view land records in West Bengal?
West Bengal land records are available online through Banglarbhumi; using the mouza, khatian or plot (dag) number, the record of rights — the recorded owner, plot area and land classification — can be viewed. An online check is a useful first step, but before a purchase, certified copies should also be obtained from the local BL&LRO, and a search made of the registration records at the Registrar’s office, since that search reveals the history of past sale deeds and any mortgage or charge that the online record may not show. See land records and Banglarbhumi and checking property documents before buying.
What are the stamp duty and registration charges when buying property in Kolkata?
A sale of immovable property must be registered under the Registration Act, 1908 to be legally valid. Stamp duty and a registration fee are charged on registration, calculated on whichever is higher of the agreement value or the government-assessed market value. In West Bengal, stamp duty for most residential sale deeds is broadly 6% in municipal and corporation areas such as Kolkata (rising to about 7% for higher-value properties), with lower rates in rural panchayat areas, and the registration fee is generally 1%; the pandemic-era 2% rebate was withdrawn in 2024. Because rates and thresholds change, the current figure should be confirmed before a transaction. See stamp duty and registration fees.
The builder is delaying possession of my flat. What can I do?
Where a builder or promoter delays handing over possession, or departs from the sanctioned plan, relief can be sought under the Real Estate (Regulation and Development) Act, 2016 (RERA). West Bengal’s own HIRA law was struck down by the Supreme Court in 2021, so central RERA now applies here, administered by the West Bengal Real Estate Regulatory Authority (WBRERA). For a registered project, a complaint may be filed before WBRERA seeking possession, interest for the period of delay, or a refund; a parallel remedy for deficiency in service also exists under the Consumer Protection Act, 2019. The agreement, payment receipts and correspondence with the builder should be kept. See builder delay, possession and refund.
How do I correct or remove a wrong name in the land records?
Errors in land records — a name not updated after a sale or inheritance, a spelling mistake, or a share not recorded — are usually corrected through the BL&LRO by a correction or mutation application, supported by the deed, death certificate or succession document as relevant. Where a record wrongly shows someone as owner and that ownership is genuinely disputed, an administrative correction is not enough, and the matter may require a civil suit for declaration of title; purely clerical mistakes, by contrast, can often be fixed at the office level. See land records and Banglarbhumi.
A neighbour has encroached on my land, or a boundary is disputed. What are my options?
The correct boundary is established from the title deed and the records and map held at the BL&LRO, with a survey where needed. If the encroachment continues, a civil suit may be filed seeking a declaration of title, recovery of possession, and a permanent injunction restraining the encroacher, along with removal of the encroachment; documentary proof of title and of possession is central to such a case. Where a boundary dispute threatens a breach of the peace, a magistrate may also intervene under the provisions now contained in the Bharatiya Nagarik Suraksha Sanhita, 2023. See property and title disputes.
Is a power of attorney enough to buy or sell property?
A power of attorney (POA) lets another person act on someone’s behalf, and a POA dealing with property should be registered — but a POA is not a transfer of ownership. The Supreme Court held in Suraj Lamp & Industries v. State of Haryana (2011) that a “sale” by way of a general power of attorney does not convey title; only a registered sale deed transfers ownership. A POA is therefore appropriate to let someone manage, let out or complete formalities on another’s behalf, but a buyer should always insist on a proper registered conveyance, and a registered POA can also be revoked. See the property registration process.
Family and matrimonial matters
How does mutual consent divorce work, and how long does it take?
Under Section 13B of the Hindu Marriage Act, 1955, a couple may divorce by mutual consent if they have lived separately for at least one year and jointly agree the marriage should end. The process has two stages, called “motions”: a first motion, then a waiting or “cooling-off” period of six to eighteen months, then a second motion when the court passes the decree. The Supreme Court has held this waiting period is directory, not mandatory — it can be waived where reconciliation is impossible and all issues (maintenance, custody, property) are already settled (Amardeep Singh v. Harveen Kaur, 2017; Shilpa Sailesh v. Varun Sreenivasan, 2023). A clear written settlement makes the process quicker. Couples married under other laws have corresponding provisions, such as the Special Marriage Act, 1954. See matrimonial and family law.
What are my rights to maintenance or alimony after separation?
A dependent spouse, children, and parents who cannot maintain themselves may claim maintenance. The general, secular remedy long known as “Section 125 CrPC” is now Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (in force from 1 July 2024), available regardless of religion before a Judicial Magistrate, with interim maintenance available during the case, and interim applications now required to be decided within sixty days. The amount is guided by the Supreme Court’s directions in Rajnesh v. Neha (2021), which require both sides to disclose income by affidavit. Maintenance may also be claimed under personal law (for Hindus, the Hindu Marriage Act, 1955 and the Hindu Adoptions and Maintenance Act, 1956) and under the domestic violence law. See matrimonial and family law.
How do I make a complaint about domestic violence?
The Protection of Women from Domestic Violence Act, 2005 gives a woman facing physical, emotional, sexual, verbal or economic abuse a civil remedy. She may approach the Protection Officer, a registered service provider, or the Magistrate directly, and seek protection orders, the right to continue living in the shared household, monetary relief, custody of children and compensation. A criminal case need not be filed first, relief including interim orders can be obtained relatively quickly, and protection is available regardless of who owns the home. Where cruelty amounts to a criminal offence, separate provisions now under the Bharatiya Nyaya Sanhita, 2023 also apply. See matrimonial and family law.
Tenancy and rent
My tenant is not paying rent. How can I lawfully evict them?
A landlord cannot evict a tenant by force, by changing the locks, or by cutting off water or electricity — eviction must follow due process. In West Bengal, tenancies in most urban premises are governed by the West Bengal Premises Tenancy Act, 1997, which lists the specific grounds on which a landlord may recover possession: default in paying rent, unlawful subletting, the landlord’s own genuine requirement, and misuse of the premises, among others. The correct route is to serve proper notice and, if the tenant does not comply, file an eviction suit before the competent court; written records of the tenancy and of every rent demand should be kept. See eviction of tenants.
What rights does a tenant have in West Bengal?
A tenant in West Bengal is protected against arbitrary eviction and unfair rent increases by the West Bengal Premises Tenancy Act, 1997, which regulates fair rent, deposits, and the grounds and procedure for eviction; a landlord must follow the statutory process, and a tenant cannot simply be told to leave. A separate regime applies to “thika” tenants — broadly, those who hold land and have built their own structure on it — under the West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001, which vests certain thika land in the State and regulates the relationship. Which law applies depends on the nature of the holding, so the tenancy documents and history should be examined. See tenancy and landlord–tenant matters.
How do I deal with a dispute over apartment or society maintenance?
Disputes over maintenance charges, misuse of common funds, or how an apartment association is run are governed first by the body’s own bye-laws, and then by the statute under which it is formed — commonly the West Bengal Apartment Ownership Act, 1972 for apartment owners, or the co-operative societies law where the housing body is a registered co-operative. Members are entitled to inspect the accounts, to proper meetings and elections, and to challenge charges that are irregular. Depending on how the body is constituted, the remedy may lie within the association, before the Registrar of Co-operative Societies, or in a civil suit; records of every demand and payment should be kept.
Money, debt and consumer complaints
A cheque given to me has bounced. What is the legal process?
When a cheque is dishonoured for insufficient funds (or a similar reason), the remedy is under Section 138 of the Negotiable Instruments Act, 1881, and the process is strictly time-bound. On receiving the bank’s return memo, a written demand notice must be sent to the person who gave the cheque within 30 days; they then have 15 days to pay, and if they do not, a criminal complaint may be filed before the Magistrate within 30 days of that period ending. The offence can carry imprisonment of up to two years, or a fine of up to twice the cheque amount, or both. The cheque, the return memo, the notice and proof of its dispatch should be preserved; the money may also be pursued separately through a civil recovery suit. See recovery suits.
Someone owes me money and won’t repay it. How do I recover it?
The process begins with a formal demand or legal notice, followed by a civil suit for recovery. Where the debt is backed by a written instrument — a cheque, promissory note or written acknowledgment — a faster “summary suit” is available under Order XXXVII of the Code of Civil Procedure, 1908, in which the person who owes the money must obtain the court’s leave before being allowed to defend. Documentary evidence — bank transfers, messages, any acknowledgment of the debt — greatly strengthens the claim, and the limitation period fixed by the Limitation Act, 1963 should be kept in mind: a recovery suit must generally be filed within three years of the debt falling due. See recovery suits and court fees and what a case costs.
How do I file a consumer complaint against a product or service?
The Consumer Protection Act, 2019 lets a consumer complain about a defective product, deficient service, an unfair trade practice or overcharging. The complaint is filed before the District, State or National Consumer Commission depending on the value of the claim, and can be filed online through the e-Daakhil portal; the reliefs available include replacement, refund, removal of the defect and compensation. The fee is modest, a consumer may appear in person without a lawyer, and a complaint should generally be brought within two years of the cause of action; bills, warranty papers and all correspondence should be kept.
Wills, inheritance and succession
A family member died without a will. How is the property inherited?
When a person dies without a will (intestate), the estate passes to the legal heirs according to the succession law that applies to the deceased — for Hindus, the Hindu Succession Act, 1956; for others, the relevant personal law or the Indian Succession Act, 1925. To deal with the assets, heirs usually need proof of heirship: a legal heir certificate (for many property and service purposes) or, for certain assets, a succession certificate from the court, which records who is entitled to inherit. Where the heirs disagree, or title has to be settled, a civil suit may be necessary. See succession and inheritance.
How do I divide jointly-held or ancestral family property?
Where property is owned jointly — for example, ancestral or family property held by several heirs — any co-owner may seek partition to separate and receive an individual share. This can be done amicably through a registered partition deed; if the co-owners cannot agree, a partition suit is filed in the civil court, which determines each person’s share and directs division, or a sale and division of the proceeds where physical division is not practical. Under the Hindu Succession Act, daughters are coparceners with the same rights in ancestral property as sons, and establishing the exact shares and the family genealogy is central to such a case. See partition of jointly held property.
How do I make a valid will, and should I register it?
A will decides how property is distributed after death and can prevent disputes later. Under the Indian Succession Act, 1925, a valid will must be made by a person of sound mind, signed by the maker, and attested by at least two witnesses who see the maker sign. Registration of a will is not compulsory, but registering it with the Sub-Registrar adds authenticity and reduces the risk of a later challenge; a will can be changed or revoked at any time during the maker’s lifetime, and describing the assets and beneficiaries clearly, with independent witnesses, makes a will much harder to contest. See succession and inheritance.
How do I claim a deceased person’s bank balance or shares?
To collect the debts, bank balances and securities (shares, deposits) of a person who died without a will, the heirs usually need a succession certificate, granted by the civil court under the Indian Succession Act, 1925. The application is made to the District Judge of the place where the deceased lived or where the assets are, listing the heirs and the assets; the court issues public notice and, after the objection period, grants the certificate to the entitled person or persons, empowering them to receive the debts and securities and give a valid discharge. Court fee is payable on the value; for immovable property a succession certificate is not the correct instrument, as that requires separate proof of title. See succession certificate, probate and legal heir certificate.
Jurisdiction, court fees and the applicable procedure depend on the value of the claim, the location of the property and the facts of the matter, and this page is not advice on any particular case.