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Legal Resources & FAQs

Educational legal information for individuals, businesses, and Co-operative Housing Societies in Maharashtra. For specific legal advice, please contact The Counsel directly.

Legal Guides & Checklists

Practical reference guides on common legal topics in Maharashtra.

Property Buyer's Checklist

10 key verifications before purchasing property in Maharashtra

Society Compliance Guide

Statutory obligations under the Maharashtra Co-operative Societies Act

Startup Legal Checklist

Key legal steps for new businesses in Maharashtra

Received a Legal Notice?

What to do when you receive a legal notice

Deemed Conveyance Guide

Understanding Deemed Conveyance for housing societies

Cheque Bounce — Know Your Rights

Section 138 NI Act — process, timelines, and remedies

Educational Content Notice

All guides and FAQs on this page are for general educational purposes only. They do not constitute legal advice and should not be relied upon as such. Every legal matter depends on its specific facts. Please consult an advocate for advice on your specific situation.

Limitation Periods — Quick Reference

Under the Limitation Act, 1963, civil suits must be filed within the prescribed period. This is a general reference only — specific circumstances may affect limitation.

MatterLimitationStarts From
Recovery of money (contract)3 yearsDate of breach / default
Cheque bounce complaint (S.138)30 daysExpiry of notice period
Consumer complaint2 yearsCause of action
Specific performance3 yearsDate fixed for performance
Declaration suit3 yearsRight first denied
Possession of immovable property12 yearsDate of dispossession
Partition suit12 yearsAdverse possession begins
Matrimonial petition (divorce)1 year after marriageDate of marriage
Criminal appeal (Sessions)30 daysDate of judgment
Criminal appeal (High Court)90 daysDate of judgment

Frequently Asked Questions

Corporate & Business Law
What is the time limit to file a cheque bounce case?
A legal notice must be sent within 30 days of the bank's dishonour memo. If no payment within 15 days of notice, file complaint within 30 days. Missing any of these deadlines can result in the complaint being dismissed.
Is a written contract legally required?
A contract can be oral or written under Indian law. However, written contracts are strongly advisable as they provide clear evidence of the agreed terms. Certain contracts (such as sale of immovable property) must be in writing and registered.
What is the limitation period for a recovery suit?
3 years from the date of breach or default under the Limitation Act, 1963. Consult an advocate early to ensure your claim is within limitation.
Co-operative Housing Society
What is Deemed Conveyance and why is it important?
Deemed Conveyance is the transfer of legal title of land and building from the builder/developer to the Co-operative Housing Society when the builder has failed to execute the Conveyance Deed. Without Conveyance, the society does not have legal title to its own land — affecting redevelopment, mortgages, and government approvals.
Can a society charge interest on maintenance arrears?
Yes. Under the model bye-laws, societies can charge simple interest on unpaid maintenance after the due date. The applicable rate is typically specified in the society's registered bye-laws. Members should refer to their society's bye-laws for the exact rate.
Is an AGM mandatory for every housing society?
Yes. Under the Maharashtra Co-operative Societies Act, 1960, every Co-operative Housing Society must hold an Annual General Meeting (AGM) within 3 months of the close of the financial year (i.e., by 30th September each year). Failure to hold an AGM attracts penalties and the Managing Committee may be superseded by the Registrar.
Property Law
What is RERA and how does it protect property buyers?
RERA — the Real Estate (Regulation and Development) Act, 2016 — requires real estate developers to register their projects with the state RERA authority before selling. In Maharashtra, this is MahaRERA. RERA mandates transparency in project details, provides for compensation for delays, and gives buyers a forum to file complaints against developers. Buyers should always verify RERA registration before purchasing a new property.
What is stamp duty and who is responsible for paying it?
Stamp duty is a tax payable on instruments (documents) under the Maharashtra Stamp Act, 1958. For sale deeds and agreements, stamp duty is generally payable by the buyer. The rate varies depending on the type of property, location, and agreement value. Under-stamped documents are not admissible as evidence in court and may attract penalties.
Family Law
What is the minimum separation period for mutual consent divorce?
Under Section 13-B of the Hindu Marriage Act, 1955, both parties must have been living separately for at least one year before filing for mutual consent divorce. The Supreme Court has in certain cases waived the 6-month cooling-off period, but the one-year separation requirement remains a condition for filing.
Who can claim maintenance under Indian law?
Maintenance can be claimed by: a wife who is unable to maintain herself, minor children, adult children who are unable to maintain themselves due to any physical or mental abnormality, and parents who are unable to maintain themselves — under Section 125 of the BNSS (formerly CrPC). Additional remedies are available under personal law statutes and the PWDVA, 2005.
Criminal Law
Can FIR registration be refused by the police?
The Supreme Court has held that police are obligated to register an FIR for a cognisable offence under Section 154 of the BNSS (formerly CrPC). If police refuse, the complainant can approach the Superintendent of Police. Alternatively, a complaint can be filed before the Magistrate who can direct the police to register an FIR.
What rights does a person have upon arrest?
Upon arrest, a person has the right to: be informed of the grounds of arrest, consult and be defended by an advocate of their choice, be produced before a Magistrate within 24 hours of arrest, not be compelled to be a witness against themselves (Article 20(3) of the Constitution), and be informed of the right to bail if the offence is bailable.