How-To Guide

Constructing a building in India without proper permission is not merely risky; it can result in demolition orders, criminal prosecution, and steep financial penalties. Unlike many other legal processes, building permission is not governed by a single central law. It falls under the jurisdiction of state governments, municipal corporations, and local development authorities, each with its own rules, forms, and timelines. This guide provides a comprehensive overview of the pro

The Right to Information Act, 2005 is one of India's most powerful tools for government transparency. But filing an RTI application is only the beginning. When a Public Information Officer (PIO) refuses to provide information, provides incomplete information, or simply fails to respond within the statutory 30-day window, the Act provides a structured appellate mechanism. Understanding how to navigate the first appeal and second appeal process is essential for anyone serious a

A well-drafted will is one of the most effective instruments for ensuring that your assets pass to the people you intend, in the manner you choose. Without one, the law decides who inherits your property, and that outcome may bear little resemblance to your wishes. Indian law provides a straightforward framework for creating a valid will, and understanding it can save your family considerable time, expense, and emotional distress. Who Can Make a Will in India? Section 59 of t

Increasing the authorized share capital of a company in India is a common corporate action required when the company needs to issue additional shares beyond its current authorized limit. The process is governed by Section 61 and Section 64 of the Companies Act, 2013, and involves amending the Memorandum of Association, obtaining shareholder approval, and filing Form SH-7 with the Registrar of Companies. When Is an Increase Required? A company must increase its authorized shar

A Joint Venture Agreement (JVA) is a contractual arrangement between two or more parties who agree to pool resources for a specific business purpose while retaining their separate legal identities. In India, joint ventures are commonly structured as either a company (equity JV) or a contractual arrangement (contractual JV). This guide covers the essential clauses, drafting considerations, and regulatory requirements for JVAs in the Indian context. Step 1: Define the Structure

Design registration in India protects the visual appearance of a product, including its shape, configuration, pattern, ornamentation, or composition of lines and colours. The Designs Act, 2000, and the Design Rules, 2001, govern the registration process. This guide covers the eligibility criteria, the filing procedure, fees, and the timeline for obtaining design registration. What Can Be Registered? A design eligible for registration must be new or original, must not have bee

Changing the name of a company in India is a structured process under Section 13 of the Companies Act, 2013, that requires board approval, shareholder approval by special resolution, name reservation through the MCA portal, and formal application to the Registrar of Companies. This guide outlines each step, the forms involved, and the typical timeline. Step 1: Board Resolution The board of directors must pass a resolution approving the proposal to change the company name. The

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) requires every employer with 10 or more employees to constitute an Internal Complaints Committee (ICC) to receive, investigate, and resolve complaints of sexual harassment at the workplace. This guide explains the composition requirements, the setup process, and the ongoing compliance obligations. Who Must Set Up an ICC? Every organisation, whether in the private or public

The Corporate Insolvency Resolution Process (CIRP) under the Insolvency and Bankruptcy Code, 2016 (IBC), provides a time-bound mechanism for resolving corporate insolvency in India. This guide explains the different routes available for initiating CIRP, the filing requirements, and the post-admission process. Who Can File a CIRP Application? CIRP can be initiated by three categories of applicants. A financial creditor, such as a bank, NBFC, or bondholder, may file under Secti

An indemnity clause is one of the most important risk allocation mechanisms in commercial contracts. Under Section 124 of the Indian Contract Act, 1872, a contract of indemnity is defined as a contract by which one party promises to save the other from loss caused by the conduct of the promisor or any other person. This guide explains how to draft an effective indemnity clause, the types available, and the key considerations for Indian commercial contracts. Types of Indemnity

Legal due diligence is a critical step before any business acquisition, merger, or investment in India. It involves a systematic review of the target company's legal documents, compliance records, contracts, and litigation history to identify risks and inform the deal structure. This guide outlines the key steps and areas of review for conducting effective legal due diligence. Step 1: Execute a Non-Disclosure Agreement Before accessing any confidential information about the t

The Digital Personal Data Protection Act, 2023 (DPDPA) requires every Significant Data Fiduciary (SDF) to appoint a Data Protection Officer (DPO). This guide explains who must appoint a DPO, the qualifications and responsibilities involved, and the step-by-step process for compliance under Section 10 of the Act. Who Must Appoint a DPO? Only organisations that have been officially notified as Significant Data Fiduciaries by the Central Government are required to appoint a DPO.

A Limited Liability Partnership (LLP) combines the flexibility of a partnership with the limited liability protection of a company. It is governed by the Limited Liability Partnership Act, 2008, and is a popular choice for professionals, startups, and small businesses in India. This guide walks you through the step-by-step process of registering an LLP through the Ministry of Corporate Affairs (MCA) V3 portal in 2026. Step 1: Obtain Digital Signature Certificates (DSC) Every

If you no longer need your domestic LPG (Liquefied Petroleum Gas) connection, you can surrender it to your oil marketing company and claim a refund of the security deposit paid for the cylinder and regulator. This guide covers the step-by-step process for surrendering connections with Indian Oil (Indane), Bharat Petroleum (Bharat Gas), and Hindustan Petroleum (HP Gas), including the documents required, refund timeline, and the recent changes for PNG consumers. When Should You

A Vehicle Fitness Certificate (FC) is an official document issued by the Regional Transport Office (RTO) confirming that a vehicle is roadworthy and safe to operate on public roads. Under the Motor Vehicles Act, 1988, certain categories of vehicles must obtain and periodically renew this certificate. This guide explains who needs a fitness certificate, how to apply, the inspection process, and the applicable fees. Who Needs a Vehicle Fitness Certificate The fitness certificat