Advocate Simran Srinivasan

Questions Answered by Advocate Simran Srinivasan (25+ answers)

Q: builder demanding more than sale agreement

sale agreement is 1.6 cr but builder demanding 2.6 cr . specific performance court procedures and courtfee price

Advocate Simran Srinivasan answered
You have to file a suit for specific performance. Court fee will be 3% of value paid so, 3% of 1.6 crores which is Rs. 4.8 lakhs. Procedure is to file the plaint along with documents as soon as possible so it is not barred by limitation and notice will go to other party. Then they will file a defence. After this, issues will be framed and evidence will be given by both parties. Then final arguments and judgement. But it will take time to get final judgement. If any interim applications are filed, it will take even more time.

Q: Wall dampening issue fixing for house below mine

X lives on floor 2 in a 4 story apartment in Velachery. Y lives on floor 1, right below X. Y had been complaining to X since 2019 about damping in his kitchen service area. X had made attempts to patch up areas in his restroom in 2016, 2024 and 2026. But Y still complaints about wall dampening. If Y takes up the issue legally, will this be positive case or will it be dismissed by the Chennai civil court. Does this case have any merit?

Advocate Simran Srinivasan answered
I doubt what Y can even file a case for. Even if Y does file, it will be for costs and damages to his flat. Will not be dismissed immediately. Chennai Civil Court cases take years to conclude. For Y to succeed, they need to have solid evidence that the damages are caused by X. But since X has attempted to rectify, X also appears to have a defence.

Q: land gifted to daughter but she passed way after marriage with in 6mo

in gifted land house construct by parents the daughter married spouse is not giving the house back he married another girl

Advocate Simran Srinivasan answered
Assuming it is Hindu marriage, the property gifted by parents goes back to parents when daughter dies, not to husband. So you have right over property. You have to file a suit for possession and declaration of title in Court.

Q: regarding private temple land claim, survey without notice, disposses

am in long possession of a natham land as gardenMy family has been in continuous possession of more than 40 years. My father was in possession earlier, and he executed settlement deed in my favour about 20 years ago. But before 25 years, wrongly my land under private temple natham patta. Now they filed writ to survey without showing my possession and no notice given before survey even prior objection given to thasildhar.fenced my garden with coconut trees, neem trees and driange pits.

Advocate Simran Srinivasan answered
You have to appear in the writ proceeding and file your counter along with documents. Though writ court will not go into title of property, the court will direct tahsildar to hear your objections and scrutinise your documents ad well. If writ is already disposed off, then directly you have to submit to Tahsildar or we can file another writ directing the Tahsildar to consider our submissions.