Failure cases, family disputes and official sources
Free legal aid for inheritance, divorce and maintenance cases: NALSA 15100 and your DLSA
Free legal aid for inheritance, divorce and maintenance cases: who qualifies under section 12, how to apply to the DLSA, Lok Adalat, 15100.
Every woman and child in India is entitled to free legal services under section 12 of the Legal Services Authorities Act, 1987, whatever their income. So are members of Scheduled Castes and Scheduled Tribes, persons with disabilities, victims of trafficking or disasters, industrial workers, people in custody, and anyone whose income is below the limit set by the state (the Act's base figure of ₹9,000 a year has been raised by states and the Centre). For family matters this means a widow fighting for her share, a daughter claiming coparcenary property, or a wife seeking maintenance can get a panel lawyer, court fees and drafting paid for by the Legal Services Authority. Call the NALSA helpline 15100 or visit the District Legal Services Authority (DLSA) office, usually in the district court complex.
This guide is part of the mistakes and disputes section.
Who qualifies (section 12)
| Category | Income test? | Family-law examples |
|---|---|---|
| Women and children | No | Maintenance, streedhan recovery, divorce, partition, inheritance claims, domestic violence cases |
| SC and ST members | No | Any eligible case |
| Persons with disabilities, including mental illness | No | Guardianship, inheritance claims |
| Victims of trafficking, mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake or industrial disaster | No | Claims arising from the event |
| Industrial workmen | No | Family claims where eligible |
| Persons in custody | No | Including in protective homes |
| Others below the income limit | Yes; limit set by the state or Centre | Inheritance disputes, nominee disputes, senior citizens' claims |
Under section 13, the authority also checks that you have a prima facie case to prosecute or defend.
What legal aid covers
- Advice and consultation on your rights
- A panel lawyer to represent you in court
- Court fees, process fees and expenses of witnesses
- Drafting of petitions, replies and legal notices
- Certified copies of judgments and orders
- Help in mediation and Lok Adalat
You should not pay the panel lawyer anything. If anyone asks for money, report it to the DLSA secretary.
How to apply
- Call 15100 (NALSA's national legal aid helpline) for guidance and to find your nearest office.
- Visit the DLSA at the district court, or the Taluk Legal Services Committee at the taluk court, or the front office in the High Court or Supreme Court for cases there.
- Apply in the simple form, or even on plain paper, with your name, address, the nature of the problem and the category you fall under. An affidavit of income may be accepted as proof where an income test applies.
- Online: NALSA's website links to its legal services application portal for applying and tracking.
- Panel lawyer assigned. Keep the assignment letter and meet the lawyer with your documents.
Lok Adalat and mediation for family disputes
Lok Adalat settles disputes by agreement. Under section 21 of the Act, an award is deemed a decree of a civil court, is final and cannot be appealed, and for cases referred from court, the court fee paid is refunded. Partition, maintenance and many matrimonial disputes (other than non-compoundable offences) can be settled there.
Mediation centres attached to district courts and High Courts help families settle inheritance and matrimonial disputes privately. Courts often refer matrimonial cases to mediation, and family courts are required to try conciliation first under the Family Courts Act, 1984. The Mediation Act, 2023 sets out a statutory framework for mediation; check which provisions have been brought into force before relying on it.
Illustrative comparison. Three siblings disagree over a flat worth ₹1.2 crore. A partition suit could take years, with an assumed court fee and advocate's fees running into lakhs of rupees. A mediated family settlement, followed by a registered deed, costs the stamp duty and registration fee under state law and a fraction of the time. If the sister qualifies for legal aid as a woman, her side of the mediation costs her nothing.
Other free help for women and families
- Women helpline 181 and One Stop Centres (Sakhi) for women facing violence, which can connect to legal aid
- National Commission for Women and State Commissions for complaints
- Protection officers under the Domestic Violence Act, appointed by states, who help file applications
- Maintenance Tribunals under the Senior Citizens Act, where no lawyer is needed; see the Senior Citizens Act guide
Before you go: documents to carry
- ID and address proof
- Proof of category (if relevant) or a statement of income
- Death certificate, family tree, will, nomination details, account statements (inheritance; see nominee vs legal heir)
- Marriage certificate, wedding photographs, list of streedhan, income proofs of the spouse (maintenance; see maintenance and streedhan)
- Any notices, court papers and orders already received
Frequently asked questions
Can a well-off woman get free legal aid?
Yes. Women are entitled to legal services under section 12(c) regardless of income. The authority still checks that there is a prima facie case.
Can I choose my own lawyer under legal aid?
Generally you are assigned a panel lawyer. You can request a change through the DLSA secretary if there is a genuine problem.
Is a Lok Adalat settlement binding on heirs who did not attend?
Only parties to the settlement are bound. Make sure every heir with a claim signs, or the settlement may not resolve the dispute.
Does legal aid cover drafting a will?
Legal aid is mainly for disputes and legal proceedings, but legal aid clinics often give advice on wills, nominations and documents.
Sources
- National Legal Services Authority — eligibility, helpline 15100 and online applications
- India Code — Legal Services Authorities Act, 1987; Family Courts Act, 1984
- National Commission for Women — complaints and support
- Department of Justice — Tele-Law free pre-litigation advice through Common Service Centres