Key takeaways
- The time limit for most civil claims is three years, but consumer complaints, cheque cases and arbitral awards run on much shorter clocks.
- A legal notice is compulsory before a cheque dishonour case, and a mediation attempt is compulsory before most commercial suits.
- A sale of immovable property must be registered; a will need not be.
- A trademark lasts ten years and can be renewed, and an opposition has to be filed within a short window.
- Advocates in India cannot advertise or solicit work, so this site offers information only.
Courts, time limits and procedure
What is the time limit for filing a money recovery suit?
Generally three years from the date the right to sue arises under the Limitation Act, 1963. The date can be extended by a written acknowledgement of the debt, so records of any such acknowledgement matter.
What is the time limit for a consumer complaint?
Two years from the date the cause of action arises under the Consumer Protection Act, 2019. The forum can allow a late complaint if the delay is explained.
Is mediation compulsory before a commercial suit?
Yes, for most commercial suits. Section 12A of the Commercial Courts Act requires pre-institution mediation unless the plaintiff seeks urgent interim relief.
Can I file an FIR at any police station?
Yes. A Zero FIR can be registered at any police station irrespective of jurisdiction and is then transferred to the right one under the Bharatiya Nagarik Suraksha Sanhita.
Money, cheques and arbitration
What are the steps in a cheque dishonour case?
The payee sends a demand notice within thirty days of receiving the bank's return memo. The drawer has fifteen days to pay. If he does not, the payee files a complaint within one month after that period ends, under Section 138 of the Negotiable Instruments Act, 1881.
How long do I have to challenge an arbitral award?
Three months from receiving the award, and the court can allow a further thirty days if there is sufficient cause, under Section 34 of the Arbitration and Conciliation Act, 1996.
Is a settlement reached in mediation enforceable?
Under the Mediation Act, 2023, a mediated settlement agreement that meets the requirements of the Act is enforceable in the same way as a court judgment.
What is the time limit to appeal to the NCLAT?
Forty-five days from receipt of the order, and the Appellate Tribunal can allow a further period of up to forty-five days on sufficient cause.
Property, wills and inheritance
Must a sale deed be registered?
Yes. A sale of immovable property worth more than one hundred rupees can be made only by a registered instrument under Section 54 of the Transfer of Property Act, 1882.
Does a will have to be registered?
No. A will is valid if it is signed and attested by two witnesses, though registration makes it easier to prove.
How much of his property can a Muslim leave by will?
Ordinarily one third of the estate after expenses, unless the other heirs consent to more.
Does a notarised agreement have the same effect as a registered one?
No. Notarisation confirms signatures and does not make a document registered. An agreement that the law requires to be registered is not enforceable as such without registration.
Trademarks, data and workplaces
How long does a trademark registration last?
Ten years from the date of application, and it can be renewed for further periods of ten years.
How long is the opposition window for a trademark?
Three months from the date of advertisement in the Trade Marks Journal, which can be extended by one month on a prescribed application.
Does the Digital Personal Data Protection Act apply to small businesses?
It applies to any entity processing digital personal data in India, whatever its size, subject to exemptions. The maximum penalty is two hundred and fifty crore rupees for failure to take reasonable security safeguards.
When must an employer set up an Internal Committee under the POSH Act?
Every employer with ten or more employees must constitute an Internal Committee under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
About this site
M S Sulthan Legal Associates is a law firm with offices in Kozhikode, Kochi and New Delhi. Under the rules of the Bar Council of India, advocates may not solicit work or advertise, so this site and these answers are information, not an offer of services. A general answer cannot take account of your facts, and the same question can have a different answer once the details are known.
Questions on a specific matter depend on the facts, and advice should be taken before acting.