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Supreme Court
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High Court
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District Court
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Sub Division Court
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Consumer Commission
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Commercial Court
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CAT
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DRT
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Labour Commission
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RERA Tribunal
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SAT
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LRTT
Our team specializes in thorough property verification to safeguard your investments. We provide comprehensive checks to ensure the authenticity and legality of your property, giving you peace of mind in your real estate dealings.
Specialized legal support for first-time property buyers, ensuring clarity, confidence, and peace of mind throughout the process.
Explore our range of easy-to-use financial and legal calculators designed to simplify your property and legal decisions. Get quick, accurate estimates for stamp duty, EMIs, area conversions, and alimony calculations.
Our team provides specialized services for loan settlement, ensuring a hassle-free and secure process. We handle negotiations, documentation, and legal formalities to help you settle your loans efficiently.
We simplify property purchases in India for NRIs, handling paperwork, property checks, and legal issues. We ensure a smooth buying process.
Tailored legal solutions for builders and developers, ensuring compliance and successful project completion.
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IntroductionIn a significant development, the President of India has rejected the Aparajita Women and Child (West Bengal Criminal Laws Amendment) Bill, 2024, which was passed by the West Bengal Legislative Assembly in February 2024. The bill aimed to introduce stricter state-specific amendments to the Indian Penal Code (IPC), Code of Criminal Procedure (CrPC), and Indian Evidence Act, particularly to combat crimes against women and children.While the move sparked political debate, it also raises important legal and constitutional questions. In this blog, we explore what the Aparajita Bill proposed, the reasons for its rejection, and its broader legal implications.What Was the Aparajita Bill?The Aparajita Bill, officially titled The West Bengal Criminal Laws (Amendment) Bill, 2024, sought to bring state-level amendments to central criminal laws with the following objectives:Speedy trial and sentencing in cases involving rape and sexual assault.Death penalty for gang rape and repeat offenders.Introduction of time-bound investigation and trial (within 30 days).Enhanced protection and rehabilitation provisions for victims.Making the use of electronic evidence more accessible in sexual offences.The bill was championed by the West Bengal government as a proactive step to protect women and children and reduce the rising crime rates against them.Why Was the Aparajita Bill Rejected?While the bill was passed by the West Bengal Assembly, it required Presidential assent because it sought to amend central laws like IPC and CrPC—subjects that fall under the Concurrent List of the Constitution.On July 2024, the President, after legal consultation with the Ministry of Home Affairs and the Union Law Ministry, withheld assent, citing multiple constitutional and procedural concerns:1. Conflict with Central LegislationThe bill proposed amendments to criminal laws that were recently overhauled by the Union Government through the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam, replacing IPC, CrPC, and the Indian Evidence Act. State-level amendments now risk contradicting the new central framework.2. Overreach of Legislative PowersUnder Article 254 of the Constitution, any state law that contradicts a central law requires Presidential assent to prevail in that state. However, legal experts pointed out that the Aparajita Bill overlapped excessively with central legislative powers, particularly on matters of criminal procedure and evidence.3. Lack of Uniformity in Criminal JusticeThe President also considered the long-standing legal principle that criminal law must remain uniform across the country to ensure consistency in justice delivery. Allowing a state to impose different penalties or procedures could lead to disparities and constitutional challenges.Political & Social ReactionsThe rejection triggered sharp reactions from both the state government and opposition parties:West Bengal Government accused the Centre of undermining federalism and playing politics over women’s safety.Legal experts and opposition parties argued that a well-intentioned bill still needs to adhere to constitutional boundaries.Civil society and activists were divided—while many praised the intent of the bill, they also questioned the feasibility of certain provisions like the death penalty and fast-tracked trials without due process.Legal Takeaways for Citizens and LawmakersThe controversy around the Aparajita Bill offers valuable insights into how laws are made, challenged, and interpreted in a federal system:Laws on Concurrent List Need Delicate HandlingStates can legislate on concurrent matters like criminal law, but any amendment must not be repugnant to central laws without prior assent.Federal Structure and Checks & BalancesThe rejection underscores the role of the President as a constitutional check when state legislation could disrupt national legal uniformity.Need for Collaborative LawmakingInstead of unilateral state amendments, there’s a growing demand for cooperative federalism where states and the Centre work together to address regional concerns.What This Means for Victims and Legal PractitionersWhile the Aparajita Bill has been rejected, the legal needs of victims of gender-based crimes remain urgent. With the introduction of Bharatiya Nyaya Sanhita (BNS) and other criminal law reforms in 2024, the focus must now shift to:Implementation of new central lawsEffective legal representation for victimsTraining of police and judiciaryAccess to fast-track courtsRobust evidence handling and victim protectionConclusionThe Aparajita Bill’s rejection by the President is not just a political headline—it is a legal milestone. It reminds us of the delicate balance between state autonomy and national legal consistency. As India navigates new criminal laws under the BNS framework, proactive legal advice and robust advocacy will remain crucial.
Read MoreIntroductionFacing trouble repaying a loan? You’re not alone. With rising interest rates, job uncertainties, and business disruptions, many individuals and entrepreneurs across India—including NRIs—are exploring loan settlement as a way out of financial stress. But settling a loan isn’t just a financial decision—it has serious legal, tax, and credit score implications.In this guide, we’ll break down the legal process, real-life examples, common mistakes, and how KHA Advocates can help you settle your loans smartly, safely, and legally.What Is Loan Settlement?Loan settlement refers to negotiating with the lender to accept a lower amount than what is due as a full and final payment—typically after a borrower has defaulted and cannot repay in full.📝 Example: If your outstanding loan is ₹8 lakhs and you negotiate a settlement at ₹5 lakhs, the bank may agree, mark your loan as “settled” in the credit bureau, and close the case.⚠️ Important: Settlement is different from loan closure. Settlement negatively affects your CIBIL score and can restrict future borrowing.Legal Process for Loan Settlement in IndiaDefault Notice by the LenderAfter 90 days of non-payment, your loan is classified as an NPA (Non-Performing Asset).Bank sends a legal notice or demand notice.Negotiation PhaseYou or your lawyer negotiates a lump-sum or structured repayment with a waiver of interest or penalties.Settlement AgreementA written agreement (with legal terms) is signed between both parties.Ideally vetted or drafted by a lawyer to protect you from future claims.Loan Closure Letter & CIBIL UpdateBank issues a “No Dues Certificate”.CIBIL report marks the account as “Settled” (not “Closed”), impacting credit score.Real Case ExampleMr. Roy, a startup founder in New Town, Kolkata, defaulted on a ₹12L business loan due to COVID-related losses. After months of harassment by collection agents, our team at KHA Advocates negotiated a settlement at ₹7.2L, with a written waiver of interest and legal claims. We also ensured that no criminal or civil case could be reopened post-settlement.Impact of Loan Settlement on Credit ScoreYour CIBIL/Experian score may drop by 75–100 points.“Settled” status remains for 7 years on your credit history.Future loan approvals (especially home or business loans) become harder.💡 Tip: Get legal advice before signing a settlement offer. Many borrowers unintentionally admit liability that can backfire.✅ Pros and Cons of Loan SettlementProsConsQuick debt reliefDamages credit scoreMay save on interestLegal risks if poorly documentedAvoids long litigationReduces future loan eligibilityPsychological peaceCannot reverse once signedMistakes to Avoid During Loan SettlementSettling without a written agreement.Accepting calls from unauthorized recovery agents.Paying partial amounts without legal terms.Ignoring credit score impact.Failing to document No Dues Certificate.Believing verbal promises from bank officials.Settling without legal vetting—risking future litigation.How KHA Advocates Can Help YouWe offer full legal assistance in loan settlement across West Bengal, including Kolkata, New Town, Salt Lake, Baharampur, Hooghly, Alipore, Durgapur, Siliguri, and more.Here’s how we support you legally:Bank/Recovery Agent NegotiationDrafting & Reviewing Settlement AgreementsEnsuring Legal Immunity Post-SettlementPreventing Coercion or HarassmentVerifying CIBIL Record & CleanupAdvising on Alternatives (Restructuring, OTS, SARFAESI)Protecting Your Personal & Business AssetsLoan Settlement Checklist✅ Check loan classification (NPA or not)✅ Calculate total dues (principal + interest + penalties)✅ Decide repayment capacity✅ Consult legal advisor✅ Negotiate with written documentation✅ Avoid verbal assurances✅ Ask for No Dues Certificate✅ Monitor credit report✅ Ensure tax compliance (loan waivers may be taxable)FAQsQ1: Can a lawyer settle a loan on my behalf?✅ Yes. A lawyer can formally represent you and negotiate better terms while protecting your legal rights.Q2: Can banks take legal action after settlement?❌ Not if the agreement is properly drafted and legally closed.Q3: Is loan settlement available for home loans?✅ Yes, but consequences on credit and future eligibility should be weighed carefully.Q4: Will settlement affect my co-applicant or guarantor?✅ Yes, they can also be impacted legally and financially unless specifically released in writing.Q5: Can I remove “settled” status from my CIBIL report?⚠️ It stays for 7 years. In some cases, our firm can help file corrections or restructure repayment terms to upgrade status.Why Choose KHA Advocates for Loan Settlement?8+ Years of Legal ExpertiseFast & Ethical Debt NegotiationReal-Time Legal Shield from Harassment100% Confidential ConsultationCustom Strategy for NRIs & BusinessesProven Track Record Across Banks & NBFCsAffordable, Transparent FeesPAN India & Bengal-Focused Support📞 Facing loan stress or recovery threats? Don’t risk it alone.Get expert legal help from KHA Advocates to settle your loan safely, smartly, and legally.👉 Book a FREE Consultation Now | 📧 contact@khaadvocates.in | 📍 Serving Pan India.
Read MoreBooking a flat—especially in an under-construction or newly launched project—is a big step for any property buyer or investor. While glossy brochures, virtual tours, and builder promises may look appealing, failing to conduct a legal due diligence check before booking can result in financial losses, stalled projects, or court battles.At KHA ADVOCATES, we help buyers—especially first-timers and NRIs—safeguard their investments with comprehensive legal support. This guide lays out a legal checklist to follow before you pay that booking amount.1. Check if the Builder is RERA RegisteredWhy it matters:Under the Real Estate (Regulation and Development) Act, 2016, all builders must register their residential projects (above a certain size) with RERA.What to verify:RERA Registration NumberProject details on your state’s RERA websiteCompletion timeline and approvalsTip: Visit https://rera.gov.in and cross-check project details.📌 KHA Tip: We verify RERA registration and flag any discrepancies before you invest.2. Verify Title of the LandWhy it matters:The builder must legally own or have development rights over the land. If the land title is disputed or not clear, the entire project becomes risky.What to verify:Title Deed and Ownership Chain (30-year verification)Encumbrance Certificate (EC)Lease/Development Agreements (if applicable)📌 KHA Tip: We conduct deep title verification and provide certified legal title reports.3. Check Project Approvals & SanctionsWhy it matters:Without proper municipal and environmental approvals, the builder may face demolition or delay orders. You risk losing time and money.Key approvals to verify:Commencement Certificate (CC)Building Plan Sanction by local authorityEnvironmental Clearance (for large projects)Fire Safety and Airport NOC (if applicable)📌 KHA Tip: We inspect all sanctions and compare them with construction on-ground.4. Examine the Allotment Letter & Builder-Buyer AgreementWhy it matters:These are legally binding documents that define your rights, timelines, penalties, and possession terms.Watch for:Clause on delivery date and delay penaltiesForce majeure clausesEscalation charges or hidden costsRefund/termination terms📌 KHA Tip: We negotiate the Builder-Buyer Agreement and protect you from one-sided terms.5. Understand the Carpet Area ClausesWhy it matters:Builders often quote “super built-up area” to appear cheaper. But you only own the carpet area.Legal point:RERA mandates disclosure of carpet area and its definition.What to check:Clearly mentioned carpet areaLoading % (difference between super built-up and carpet)Agreement mentions area escalation clauses?📌 KHA Tip: We break down the loading percentage and explain your actual usable space.6. Check for Litigations & Pending CasesWhy it matters:Even a high-profile project can have pending disputes or litigation that stalls completion.How to check:Builder’s litigation history (via High Court/SC portals)RERA complaintsConsumer forum or NCLT disputes📌 KHA Tip: We do background checks on builders across legal portals and flag red zones.7. Verify the Builder’s Previous ProjectsWhy it matters:Past delivery record speaks volumes about future reliability.Things to verify:Completion historyQuality of constructionDelay frequencyConsumer complaints📌 KHA Tip: We verify past project delivery and check for blacklisted builders.8. Check Home Loan Pre-Approvals (If Any)Why it matters:If reputed banks have approved loans for the project, it signals that due diligence has been done. Still, it’s not foolproof.Check for:Which banks have approved the projectLoan eligibility termsLoan-to-value ratio offered📌 KHA Tip: We independently verify bank clearance and help you secure home loans at best rates.9. Ensure GST, Stamp Duty, and Tax Implications Are ClearWhy it matters:Tax liabilities, if not properly calculated, can spike your cost by lakhs.What to check:GST applicable for under-construction flats (usually 5% without ITC)Stamp duty & registration chargesTDS (1%) if value exceeds ₹50 lakh📌 KHA Tip: We help optimize your property taxes and legally reduce stamp duty wherever possible.10. Review Possession Timeline & Completion CertificateWhy it matters:You must legally take possession only after receiving the Occupancy Certificate (OC) or Completion Certificate (CC).Ensure:Delivery date is not vagueCompensation clause for delayFinal handover includes OC and NOC from authorities📌 KHA Tip: We ensure legal handover, post-registration compliance, and verify builder’s obligations.🚨 Never Pay in Cash or Unaccounted PaymentsWhy it matters:Any cash transaction is illegal and non-defendable in court. Always insist on full transparency.📌 KHA Tip: We ensure all payments are through legal channels and documented properly.Why Buyers & Investors Choose KHA ADVOCATESAt KHA ADVOCATES, we don’t just “check papers”—we secure your entire property purchase from booking to registration. Whether you’re a first-time buyer or seasoned investor, our services include:✔️ Title Verification (30 years)✔️ Builder-Buyer Agreement Drafting & Review✔️ Property Registration & Mutation✔️ Stamp Duty Optimization✔️ Legal Due Diligence & Litigation Check✔️ Home Loan Legal Support✔️ Dispute Prevention & Litigation📞 Ready to Book a Flat? Don’t Do It Without Legal Backing.📞 Book a Legal Consultation with KHA ADVOCATES👉 Call us now : 94-777-5-888-5👉 WhatsApp: 8101-555-666👉 Email us: contact@khaadvocates.in👉 Visit: www.khaadvocates.com
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Highly recommended for Divorce case. I got Divorce order so fast than my expectation. Thanks a lot Mr. Kabir
Shreyasi Chakrabarty