The Kanoon Advisors

Expert Family Lawyer in Delhi

Family Lawyer in Delhi | Inheritance, Property & Domestic Dispute Experts

Best advocate for family matters offering legal solutions.

Holistic Legal Solutions for Family & Domestic Matters in Delhi

Family disputes in the National Capital require a delicate balance of aggressive legal protection and empathetic conflict resolution. Whether it is an inter-generational property battle, a complex inheritance claim, or domestic discord, you need a family lawyer in Delhi who sees the bigger picture.

 

At The Kanoon Advisors, we go beyond just divorce litigation. We are holistic family advisors handling the full spectrum of civil and criminal family law. We protect your legacy and your rights across Delhi District Courts and the Delhi High Court, armed with deep knowledge of the Hindu Succession ActGuardians and Wards Act, and the new Bharatiya Nyaya Sanhita (BNS) 2024.

Comprehensive Family Law Services in Delhi

1. Property, Wills & Inheritance (Succession)

  • Will Drafting & Registration: Creating watertight Wills to prevent future family feuds, including video-recorded Wills admissible under Bharatiya Sakshya Adhiniyam (BSA).

  • Probate & Letter of Administration: Representing clients in Delhi High Court and District Courts to validate Wills or manage estates where no Will exists.

  • Succession Certificates: Fast-track legal services to transfer movable assets (bank accounts, shares) of deceased relatives.

  • Partition Suits: Filing civil suits for the partition of ancestral and joint family property in Delhi.

2. Domestic Violence & Harassment Protection

  • Protection Orders: Immediate relief under the Protection of Women from Domestic Violence Act (PWDVA) to prevent dispossession from the shared household.

  • Defense Against Misuse: Defending individuals against false complaints filed under Section 85/86 BNS (formerly 498A IPC).

  • Senior Citizen Rights: Representing parents before the Maintenance Tribunal to claim maintenance or evict abusive children under the Senior Citizens Act, 2007.

3. Child Adoption & Surrogacy

  • CARA Adoption: Legal guidance through the Central Adoption Resource Authority (CARA) processes for Indian and NRI parents.

  • Guardianship: Legal petitions for appointing guardians for minors or mentally challenged family members under the Hindu Minority and Guardianship Act.

  • Surrogacy Laws: Contract drafting and compliance with the Surrogacy (Regulation) Act.

4. Restitution of Conjugal Rights (RCR)

  • Section 9 HMA: Filing petitions to legally request a spouse to return to the matrimonial home, often used as a strategic precursor to other family proceedings.

Why Choose Our Family Law Services in Delhi

  • ✅ Succession Experts: We specialize in high-value Delhi property disputes, understanding the nuances of freehold vs. leasehold DDA properties.

  • ✅ Mediation First Approach: We aim to preserve family relationships where possible through the Delhi High Court Mediation & Conciliation Centre.

  • ✅ Cross-Domain Expertise: Our team understands how Criminal Law (BNS), Civil Law (CPC), and Personal Laws intersect.

  • ✅ Senior Citizen Focus: Dedicated support for elderly clients facing neglect or property grabbing by relatives.

  • ✅ Privacy & Discretion: High-level confidentiality for sensitive family matters involving reputation and business assets.

Impact of New Laws (BNS & BNSS 2024) on Family Litigation

The legal landscape in Delhi has shifted with the 2024 implementation of new criminal codes. Our family lawyers are fully updated:

  • Cruelty & Harassment (Sec 85/86 BNS): The definition of cruelty by husband or relatives is now governed by these sections, replacing 498A. We understand the new bail and investigation procedures.

  • Maintenance Execution (Sec 144 BNSS): The procedure to claim maintenance for wives, children, and parents has been streamlined under Section 144 BNSS (replacing 125 CrPC), allowing for faster enforcement of orders.

  • Digital Evidence in Wills (BSA): The Bharatiya Sakshya Adhiniyam places high value on electronic records. We ensure that video recordings of Will signings or family settlements are preserved according to Section 63 of BSA to stand up in court.

  • Deceitful Cohabitation (Sec 69 BNS): New protections against relationships formed under false promises (e.g., false promise of marriage), which is now a specific criminal offense.

Family Law Practice Areas in Delhi

Ancestral Property Disputes

  • HUF Partition: Legal division of Hindu Undivided Family (HUF) assets.

  • Gift Deed Challenges: Challenging Gift Deeds obtained through fraud or coercion within the family.

  • Illegal Possession: Civil suits to remove relatives illegally occupying your property.

Inter-Faith & Special Marriage Act

  • Special Marriage Registration: Legal assistance for inter-religion marriages.

  • Inheritance for Non-Hindus: Expertise in Muslim Personal Law (Shariat) and Indian Succession Act for Christians/Parsis.

NRI Family Legal Services

  • Power of Attorney (PoA): Drafting and adjudicating PoAs for NRIs managing family litigation in Delhi remotely.

  • Parental Abduction: Legal action when a child is removed from India or brought to India illegally by a spouse.

Family Dispute Resolution Process

1. Case Evaluation & Asset Tracing

For property cases, we first verify property titles and value the estate. For domestic disputes, we evaluate the history of the conflict.

2. Family Settlement (MoU)

We attempt to draft a Family Settlement Deed. If signed and registered, this avoids years of court battles.

3. Litigation Strategy

If settlement fails, we file the appropriate Civil Suit (for property) or Criminal Complaint (for violence) in the relevant Delhi court.

 

Local Jurisdiction: Where We Practice

Family law cases in Delhi are distributed based on the district and the value of the suit (Pecuniary Jurisdiction):

  • District Courts (Civil & Family): Saket, Dwarka, Rohini, Tis Hazari, Patiala House, Karkardooma. (For suits up to ₹2 Crores and all matrimonial matters).

  • Delhi High Court: (Original jurisdiction for property suits above ₹2 Crores, and appeals).

  • Maintenance Tribunals: (SDM Offices across Delhi for Senior Citizen cases).

  • Consumer Forums: (For disputes regarding family insurance or builder-buyer family assets).

What is the difference between a Divorce Lawyer and a Family Lawyer?

A divorce lawyer focuses primarily on ending a marriage. A Family Lawyer covers a broader scope, including Wills, Property Partition, Adoption, Guardianship, and protecting Senior Citizens, in addition to divorce.

How do I challenge a fake Will in Delhi?

You must file a probate petition or a civil suit challenging the Will on grounds of coercion, fraud, or lack of mental capacity. The new BSA rules regarding signature verification are critical here.

Can a daughter claim ancestral property in Delhi?

Yes. Since the 2005 amendment to the Hindu Succession Act, daughters have equal rights as sons in ancestral property (coparcenary rights). We assist married daughters in claiming their rightful share.

How long does a property partition suit take in Delhi?

Civil suits can take time (3-5 years). However, we prioritize “Judgment on Admissions” (Order 12 Rule 6 CPC) or mediation to expedite the division of assets without a full trial.

Can parents evict an abusive adult son from their house?

Yes. Under the Maintenance and Welfare of Parents and Senior Citizens Act, parents in Delhi can approach the District Magistrate to evict an abusive child from their self-acquired property.

 

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