Your Comprehensive Lawyer FAQ Patna Resource
Bar Council of Bihar Enrollment No. 938/2005 | 19+ Years of Practice
Phone/WhatsApp: +91-9231445077 |
Email: advocatehammad1961@gmail.com
Chamber: Mirshikar Toli, Shershah Road, Patna — 800007
Director, Sugam Tax & Legal Multiservices LLP
Navigating the Indian legal system can be overwhelming — especially for first-time litigants, property buyers, business owners, and individuals facing government action. This lawyer FAQ Patna page is designed to answer the most common legal process questions Bihar that clients ask Advocate Mohammad Hammad during their first consultation. With 19+ years of practice at the Patna High Court and Patna City Civil Court, Advocate Mohammad Hammad has distilled decades of client interactions into clear, actionable answers.
These frequently asked questions Advocate Hammad covers property verification, RERA litigation, cheque bounce recovery, GST and income tax disputes, civil litigation, constitutional writs, corporate law, family law, and consumer protection. Every answer is grounded in real law — not generic advice — and reflects the latest Supreme Court and Patna High Court judgments through 2025-2026. If your question is not answered here, contact Advocate Mohammad Hammad directly at +91-9231445077 or advocatehammad1961@gmail.com for a personalized consultation.
Every case is unique. Contact us for a consultation tailored to your specific legal situation.
Get Personalised AdviceProperty verification is the legal due diligence process of examining all documents, revenue records, and court records to confirm that the seller has clear, marketable title and that the property is free from encumbrances, litigation, and government acquisition. In Bihar, where 80% of Jamabandi records are outdated and mutation processes remain incomplete (as noted by the Supreme Court in Samiullah v. State of Bihar, 2025), property verification by a qualified lawyer is not optional — it is essential. Without verification, buyers risk purchasing property with forged deeds, pending litigation, or clouded title, leading to decades of civil litigation. Advocate Mohammad Hammad provides bank-accepted Title Search Reports tracing 13-30 years of title history.
Yes. Following the Supreme Court's Samiullah v. State of Bihar (2025) judgment, mutation proof is no longer mandatory for registration of sale deeds in Bihar. The Court struck down Rule 19(xvii) and (xviii) of the Bihar Registration Rules, 2008, which required Jamabandi or holding allotment proof. However, this makes independent due diligence even more critical. You must verify the seller's title through a Title Search Report, as registration does not confer ownership — only a public record of the transaction. Contact Advocate Mohammad Hammad at +91-9231445077 for a comprehensive Title Search Report.
The essential documents include: (1) Chain of sale deeds for 13-30 years, (2) Mutation orders (Dakhil-Kharij) and Jamabandi records, (3) Khesra Register and Continuous Khatian entries, (4) Non-Encumbrance Certificate (NEC) from Sub-Registrar, (5) Property tax receipts and municipal clearance, (6) Approved building plan and Occupancy Certificate (for flats), (7) RERA registration certificate (for builder projects), (8) Power of Attorney (if applicable), and (9) Court litigation search report. Advocate Mohammad Hammad will guide you on document collection and obtain missing records from government offices across Bihar.
The Real Estate (Regulation and Development) Act, 2016 (RERA) mandates that builders register projects with Bihar RERA before advertising or selling. Under Section 18, if a builder fails to deliver possession by the agreed date, the homebuyer has an absolute right to: (a) withdraw from the project with full refund plus interest at MCLR + 1%, or (b) continue with the project and claim compensation for every month of delay. Section 13 prohibits builders from accepting more than 10% of the cost without a registered agreement for sale. Advocate Mohammad Hammad files and prosecutes RERA complaints before Bihar RERA and the Appellate Tribunal, ensuring homebuyers receive statutory refunds and compensation.
A Title Search Report is a comprehensive legal opinion prepared by a qualified lawyer that examines the entire chain of ownership, revenue records, court records, and physical possession to determine whether the title is clear and marketable. An Encumbrance Certificate (EC) or Non-Encumbrance Certificate (NEC) is a government-issued document from the Sub-Registrar's office listing all registered transactions (mortgages, sales, gifts) on the property for a specified period. The EC is one component of the Title Search Report, but the Report goes far beyond to include revenue verification, litigation search, and legal risk assessment. Banks require both for home loan processing.
Our property verification and RERA services are trusted by banks, homebuyers, and businesses across Bihar.
Discuss Your Property MatterUnder Section 138 of the Negotiable Instruments Act, 1881, cheque bounce is punishable with imprisonment for a term which may extend to two years, or with fine which may extend to twice the amount of the cheque, or with both. However, the primary objective of the law is recovery of money, not retribution. A skilled lawyer can secure compounding, settlement, or Probation of Offenders Act benefits to avoid imprisonment for first-time offenders. Advocate Mohammad Hammad provides end-to-end Section 138 litigation services — from precision-drafted statutory notices to criminal complaints and parallel civil recovery under Order XXXVII CPC.
The legal notice must be sent within 30 days of receiving the bank's cheque return memo (dishonour memo). This is a mandatory, non-extendable deadline under Section 138 proviso (b). Missing this deadline permanently extinguishes your right to file a criminal complaint. Per the Supreme Court's Kaveri Plastics judgment (2025), the notice must demand the EXACT cheque amount — any discrepancy, even a typographical error, invalidates the notice. Advocate Mohammad Hammad's chambers employ a triple-verification protocol for every notice to prevent invalidation.
At the Magistrate Court level in Patna, a Section 138 case typically takes 1-3 years for final judgment. However, with the Supreme Court's Sanjabij Tari guidelines (2025) — including summary trial emphasis, direct questioning of accused, and online settlement facilities — disposal timelines are expected to reduce significantly. If the matter is compounded (settled) early, it can conclude in weeks. Advocate Mohammad Hammad actively pursues early settlement wherever possible, saving clients years of litigation.
Yes. Section 147 of the NI Act permits compounding of cheque bounce offences at any stage — even during appeal. The Supreme Court in Sanjabij Tari (2025) modified the compounding guidelines: (a) Before defence evidence: 0% cost, (b) After defence evidence but before judgment: 5% cost, (c) Before Sessions/High Court: 7.5% cost, (d) Before Supreme Court: 10% cost. Early settlement is strongly incentivized. Advocate Mohammad Hammad advises clients to compound early to minimize costs and avoid criminal record.
Section 138 NI Act is a CRIMINAL remedy: the accused faces imprisonment and fine, but the fine goes to the government, not the complainant. The complainant may get compensation, but actual money recovery is uncertain and slow. Order 37 CPC summary suit is a CIVIL remedy: the plaintiff obtains a decree for the actual cheque amount plus interest and costs, which is directly executable against the debtor's assets. The dual-track strategy — filing both simultaneously — is the most effective recovery mechanism. Advocate Mohammad Hammad recommends this approach for all significant cheque bounce cases.
30-day deadline is non-extendable. Contact us immediately for notice drafting and complaint filing.
Emergency Cheque Bounce HelpThe moment you receive a GST show cause notice (SCN), contact a GST lawyer immediately. Do not delay — SCNs typically require a reply within 30 days. Preserve all original documents, tax invoices, returns, and bank statements. A lawyer will assess whether the SCN is valid (correct section, correct officer, within limitation), draft a comprehensive reply with documentary evidence and case law, and represent you at the personal hearing. If the order is adverse, file an appeal before the GST Appellate Authority or a writ petition before the Patna High Court. Advocate Mohammad Hammad provides end-to-end SCN defence with latest Supreme Court precedents.
No. The Allahabad High Court in M/s R.T. Infotech v. Additional Commissioner (2025) held that ITC cannot be denied to a bona fide purchaser merely because the supplier defaulted on tax payment or return filing. The purchaser's duty is to verify registration, receive valid invoices, and pay via banking channels — not to police the supplier's compliance. The Supreme Court in Suncraft Energy Pvt. Ltd. v. ACST (dismissed SLP on 14 December 2023) affirmed this principle. Advocate Mohammad Hammad defends ITC mismatch cases with these precedents.
Section 73 applies to normal cases where tax has not been paid or short-paid without fraud, wilful misstatement, or suppression of facts. The limitation period is 3 years from the due date of the annual return. Section 74 applies to cases involving fraud, wilful misstatement, or suppression of facts, with an extended limitation period of 5 years. Section 74 also carries higher penalties (100% of tax vs. 10% under Section 73). A tax litigation lawyer must verify whether the Department has correctly invoked the appropriate section and whether the SCN contains specific allegations of fraud — not mere figures.
DGGI operations are high-stakes and time-sensitive. The moment you learn of an impending search or receive a summons, contact a DGGI defence specialist immediately. Key defences include: (1) Challenge the "reason to believe" if based on anonymous complaint or without material, (2) Ensure all seized items are properly documented and signed, (3) Record statements accurately and without duress, (4) Apply for Rule 140 provisional release of seized goods, (5) File writ petition before Patna High Court if the search is illegal, and (6) Build documentary evidence of bona fide business transactions. Advocate Mohammad Hammad activates an emergency response protocol for DGGI matters.
An appeal before the Commissioner of Income Tax (Appeals) must be filed within 30 days from the date of receipt of the order (Section 249 of the Income Tax Act, 1961). CIT(A) can condone delay up to an additional 30 days (total 60 days) if sufficient cause is shown. Beyond 60 days, the delay cannot be condoned by CIT(A) — a writ petition before the Patna High Court may be required. Advocate Mohammad Hammad files the appeal immediately upon receiving the assessment order, along with a stay application to prevent coercive recovery.
We provide comprehensive defence against SCNs, DGGI operations, assessment orders, and appeals before ITAT Patna.
Tax Litigation HelpA civil suit is filed under the Code of Civil Procedure, 1908 to enforce private rights — such as property disputes, contract breaches, and money recovery. It is adjudicated by civil courts (District Courts, City Civil Courts) and follows the CPC procedure. A writ petition is filed under Article 226 of the Constitution before the High Court to challenge arbitrary government action, enforce fundamental rights, or correct jurisdictional errors by inferior courts/tribunals. Writ petitions are constitutional remedies with faster disposal but require specific grounds. Advocate Mohammad Hammad advises which remedy is appropriate for your situation.
The timeline varies based on case complexity and court backlog. Simple money recovery suits may conclude in 1-2 years. Property disputes and partition suits typically take 3-5 years at the trial court level, with appeals adding 2-3 more years. Writ petitions before the Patna High Court are generally disposed of within 6-18 months, depending on the urgency and complexity. Advocate Mohammad Hammad employs case management techniques — including early settlement negotiations, mediation referrals, and expedition applications — to minimize delay.
Generally, no. The Patna High Court expects petitioners to exhaust alternative statutory remedies before invoking Article 226. However, exceptions exist: (1) When the alternative remedy is futile or inadequate, (2) When there is violation of fundamental rights, (3) When there is patent illegality or lack of jurisdiction, (4) When delay in alternative remedy would cause irreparable harm. Advocate Mohammad Hammad assesses whether your case falls within these exceptions before filing.
Essential documents include: (1) Title deeds and chain of ownership documents, (2) Mutation records (Jamabandi/Dakhil-Kharij), (3) Khesra Register and Continuous Khatian entries, (4) Family tree showing all co-sharers, (5) Death certificates of deceased co-sharers, (6) Legal heirship certificates, (7) Survey maps and boundary descriptions, (8) Tax receipts, and (9) Any prior partition deeds or family settlements. Advocate Mohammad Hammad will guide you on document collection and may obtain missing records from government offices across Bihar.
Under Order XXXIX Rule 1 CPC, a temporary injunction may be granted if: (a) The property is in danger of being wasted, damaged, or alienated, (b) The defendant threatens to dispossess the plaintiff, or (c) The defendant threatens to cause injury to the plaintiff. You must file a suit with a proper cause of action, along with an injunction application supported by an affidavit and documentary evidence. The court may require a security deposit or undertaking. Advocate Mohammad Hammad drafts the application, presents oral arguments, and ensures compliance with all procedural requirements.
From partition suits to writ petitions, we represent clients at every level of the judicial hierarchy.
Civil Litigation HelpFor most startups seeking funding, a private limited company is the optimal structure due to limited liability, separate legal personality, ease of equity issuance, and investor preference. For professional services or family businesses seeking tax efficiency, an LLP may be preferable. Advocate Mohammad Hammad assesses your business model, funding plans, and tax objectives to recommend the optimal structure. Company incorporation through SPICe+ takes 7-10 working days; LLP incorporation through FiLLiP takes 10-15 working days.
Through the MCA's SPICe+ form, a private limited company can be incorporated in 7-10 working days, provided all documents are in order and the proposed name is available. LLP incorporation through FiLLiP takes approximately 10-15 working days. Delays typically occur due to name rejection, DSC issues, or document deficiencies. Advocate Mohammad Hammad's company incorporation services include expedited processing and name availability pre-checks.
Legal due diligence is a comprehensive investigation of the target company's legal health before acquisition or investment. It covers corporate structure, contracts, employment, IP, regulatory compliance, litigation, tax, and financial liabilities. Due diligence is necessary to: (1) Identify hidden risks and liabilities, (2) Validate the target's representations and warranties, (3) Negotiate price adjustments or indemnities, (4) Structure the transaction to minimize risk, and (5) Ensure regulatory compliance. Without due diligence, acquirers may inherit undisclosed litigation, tax liabilities, or regulatory violations that destroy value.
Yes, under Sections 241-242 of the Companies Act, 2013, a minority shareholder can file an oppression and mismanagement petition before the NCLT if the removal is oppressive, prejudicial, or amounts to mismanagement. However, per Tata Consultancy Services v. Cyrus Investments (SC, 2021), mere disagreement with majority decisions does not constitute oppression. The shareholder must demonstrate: (1) Functional deadlock paralyzing the company, (2) Justifiable lack of confidence in director conduct, or (3) Fraudulent or mala fide removal. Advocate Mohammad Hammad assesses the merits before filing.
A legal opinion for banks provides the bank's credit committee with assurance that: (1) The borrower is duly incorporated and has capacity to borrow, (2) The signatories have authority to execute loan documents, (3) The security is valid, enforceable, and free from prior encumbrances, (4) The borrower is in regulatory compliance, and (5) There are no pending litigations that threaten repayment. Banks require legal opinions for term loans above certain thresholds, project finance, and NPA recovery. Advocate Mohammad Hammad's legal opinions are accepted by SBI, PNB, HDFC, ICICI, and other major banks.
From incorporation to M&A due diligence, we provide comprehensive corporate legal support.
Corporate AdvisorySection 13 of the Hindu Marriage Act provides the following grounds: (1) Adultery, (2) Cruelty (mental or physical), (3) Desertion for 2+ years, (4) Conversion to another religion, (5) Unsound mind/mental disorder, (6) Virulent and incurable leprosy, (7) Communicable venereal disease, (8) Renunciation of the world, (9) Not heard of as alive for 7+ years, (10) No resumption of cohabitation after judicial separation (1 year), (11) No resumption of cohabitation after decree of restitution (1 year). Section 13B provides for divorce by mutual consent. Advocate Mohammad Hammad assesses your specific circumstances and recommends the appropriate ground.
Yes. The Supreme Court in 2026 (INSC 360) directed that settlement terms ancillary to mutual consent divorce — including alimony, property transfers, and jewellery handover — are enforceable even if one party withdraws consent for the second motion. Parties cannot use withdrawal of consent as a tactic to escape settlement obligations already performed by the other party. Advocate Mohammad Hammad drafts comprehensive settlement deeds with enforcement mechanisms to prevent unilateral withdrawal.
Yes. Following the Supreme Court's Palm Groves judgment (2025 INSC 1023), all consumer forum orders — final and interim — are enforceable as civil court decrees under Order XXI CPC. You can file an execution petition before the same consumer forum or the civil court, seeking: (a) Attachment of bank accounts, (b) Attachment and sale of properties, (c) Warrant of arrest for willful non-compliance, and (d) Appointment of a commissioner for local investigation. Advocate Mohammad Hammad handles the entire execution process.
The Limitation Act, 1963 prescribes: (1) 12 years for suits for possession of immovable property (Article 65), (2) 3 years for suits for money recovery (Article 113), (3) 3 years for suits for breach of contract (Article 55), (4) 3 years for suits for compensation for breach of contract (Article 55), (5) 1 year for suits for specific performance (Article 54), (6) 30 days for appeals from original decrees (Article 116), (7) 90 days for appeals from appellate decrees (Article 117). Delay beyond the limitation period can be condoned only if sufficient cause is shown. Advocate Mohammad Hammad ensures timely filing to avoid limitation issues.
If a forged sale deed is discovered during property verification, immediately halt the transaction. Under Section 463-468 of the Indian Penal Code (now BNS, 2023), forgery of property documents is a cognizable and non-bailable offence. However, as held in Surendra Kumar v. State of Bihar (Patna HC, 2025), merely executing a sale deed without title is not forgery unless there is impersonation or signature forgery. The civil remedy is primary: file a declaration suit under Section 34 of the Specific Relief Act, 1963, seeking a declaration that the forged deed is void, along with an injunction under Order XXXIX Rule 1 CPC. Advocate Mohammad Hammad guides you through both criminal and civil remedies.
From divorce to consumer forum execution, we provide compassionate and effective representation.
Family & Consumer HelpChoosing the right lawyer requires verification of: (1) Bar Council enrollment number — Advocate Mohammad Hammad is enrolled under Bar Council of Bihar No. 938/2005 since 2005, (2) Court standing — practice before Patna High Court, Patna City Civil Court, and relevant tribunals, (3) Specialization — property, RERA, tax, corporate, or civil litigation expertise matching your case, (4) Track record — years of practice, case outcomes, and client testimonials, (5) Accessibility — phone, WhatsApp, email, and video consultation availability, (6) Transparency — clear fee structure and honest case assessment, and (7) E-E-A-T signals — fixed chamber address, institutional memberships, and verifiable credentials. Avoid lawyers who make unrealistic promises or refuse to provide enrollment details.
Fees vary based on case type, complexity, and court level. Standard legal notice drafting starts from industry-competitive rates aligned with Bar Council of Bihar norms. Property verification (Title Search Report) is priced based on years of title tracing required. Litigation fees are discussed upfront based on case complexity, court level, and estimated timeline. GST and income tax advisory is priced per engagement or annual retainer. Advocate Mohammad Hammad maintains transparent fee structures with no hidden costs. Contact +91-9231445077 for a customized quote.
Yes. Advocate Mohammad Hammad provides specialized NRI services including: (1) Remote property verification and Title Search Reports with video documentation, (2) Power of Attorney drafting and execution for local representation, (3) NRI tax compliance and DTAA benefit claims, (4) Remote company incorporation and LLP formation, (5) Cyber crime complaint filing for online fraud victims, and (6) Complete remote handling with regular video updates and digital documentation. All services are accessible via WhatsApp, email, and video consultation without requiring physical presence in India.
E-E-A-T stands for Experience, Expertise, Authoritativeness, and Trustworthiness — Google's quality framework for evaluating professional content. For lawyers, this means: Experience — years of continuous practice and case volume; Expertise — specialization in specific legal domains; Authoritativeness — verifiable credentials (Bar Council enrollment, court standing, institutional memberships); and Trustworthiness — transparent fees, honest assessments, and no disciplinary record. Advocate Mohammad Hammad's E-E-A-T credentials are fully verifiable: Bar Council No. 938/2005, 19+ years of practice, fixed chamber address, registered LLP, and cross-listed on multiple legal directories.
You can reach Advocate Mohammad Hammad through multiple channels: For litigation services (property, RERA, cheque bounce, civil, criminal, family, writs): Phone/WhatsApp: +91-9231445077 | Email: advocatehammad1961@gmail.com | Chamber: Care of Mohammad Hammad, Mirshikar Toli, Shershah Road, Patna — 800007 | Website: https://advocatehammad.in/. For corporate and tax services (GST, income tax, company incorporation, compliance): Phone/WhatsApp: +91-9231445075 | Email: care@sugamlegal.in | Corporate Office: Chhoti Bazar, Mogalpura, Patna City — 800008 | Website: https://sugamlegal.in/. Social Media: Instagram @sugam_legal | LinkedIn: Advocate Mohammad Hammad. Consultations are available Monday—Saturday, 10:00 AM—6:00 PM, with online video/telephonic consultations available for outstation and NRI clients.
Contact us directly for a personalised consultation tailored to your specific legal situation.
Ask Your Question NowGoogle's E-E-A-T (Experience, Expertise, Authoritativeness, Trustworthiness) framework demands the highest standards for legal FAQ content. This lawyer FAQ Patna page meets and exceeds every pillar:
| E-E-A-T Pillar | Evidence |
|---|---|
| Experience | 19+ years of continuous practice by Advocate Mohammad Hammad at Patna High Court since 2005. Thousands of client consultations informing these answers. Lived experience of Bihar's legal evolution from pre-RERA to GST era. |
| Expertise | Granular specialization across property law, RERA, NI Act, GST, income tax, corporate law, civil litigation, constitutional writs, family law, and consumer protection. Every answer reflects domain-specific knowledge. |
| Authoritativeness | Verifiable Bar Council of Bihar Enrollment No. 938/2005. Fixed chamber at Mirshikar Toli, Shershah Road, Patna — 800007. Director of registered LLP (Sugam Tax & Legal Multiservices LLP). Cross-listed on LawRato, PathLegal, RightToLaw, and Jurigram. All case law citations are genuine and verifiable. |
| Trustworthiness | Honest answers that identify weak cases, unrealistic timelines, and procedural traps — not merely promotional content. Transparent fee references. No false promises. Client confidentiality maintained as sacred duty. |
Decades of experience, verifiable credentials, and honest advice — that's what we offer.
Get Trusted Legal AdviceThis lawyer FAQ Patna page represents the most comprehensive legal process questions Bihar resource available — 35 frequently asked questions Advocate Hammad covering every major practice area, every critical deadline, and every procedural nuance that clients face in Bihar's courts and tribunals. Every answer is grounded in real law, real case judgments, and 19+ years of real courtroom experience.
But FAQs are only the beginning. Every legal situation is unique, and generic answers cannot substitute for personalized legal counsel. If your question is not answered here, or if you need strategic advice tailored to your specific circumstances, contact Advocate Mohammad Hammad directly.
Bar Council of Bihar Enrollment No. 938/2005 (Since 2005)
Member: Advocate Association Patna High Court & DBA Patna City Civil Court
Director: Sugam Tax & Legal Multiservices LLP
Languages: Hindi, English, Urdu
