Advocate Suraj Chandrasekaran

Questions Answered by Advocate Suraj Chandrasekaran

Q: Property Dispute between Siblings

My Parents in law died two years ago and there is a house in my mother in law's name. Now when my wife asked my brother in law about the share. He is refusing to give her the share and he has taken all the valuable things from the house without my wife's consent. can my wife taken legal action for the share of the property when my brother in law is not interested in selling it. Can my wife can taken legal action for the valuable things he took from the house?

Advocate Suraj Chandrasekaran answered
Yes. A suit for partition can be filed before the jurisdictional court to divide the estate of your late mother in law. In the said suit, relief can sought for mesne profits for ousting your wife and keeping the profits to himself.

Q: Temparouary Injuction to stop the construction

I filed a suit for temporary injunction to stop construction before 9 month. Existence of Prima Facie Case, Balance of Convenience & Doctrine of Irreparable Injury are perfect in my case. 6 voitha are completed. Construction is going on. But munchief court still not issued temproury injunction. What I do? Can I file writ petition for a direction to lower court to issue temporary injunction? Or any other remedy?

Advocate Suraj Chandrasekaran answered
I see that you are undergoing an unfortunate case where the construction is going on and lower court is refusing to entertain your application for injunction. In such view of the matter, you can file a Civil Revision Petition before the HIgh Court for a time bound disposal.

Q: Builder Delaying the handover of Apartment for 8 months

As per construction agreement hand over of apartment is June 2024 with Amenities. Grace period was 6 months. Till date builder is delaying the handover? Can I file FORM N with RERA?

Advocate Suraj Chandrasekaran answered
Yes. If there is delay, you can move the RERA for recovery of amount. I would even suggest that you can move the consumer forum, as enforcement is better and effective before the consumer forum, as you can seek for civil arrest here.

Q: Father is not in clear mind, his property is managed wrongly by mother

My father had a sudden brain stroke in 2023. He underwent surgery but has not fully recovered physically or mentally. His mental capacity is not as before. He forgets important things. He doesn't manage his property. My mom took this situation and started collecting rent on from the house, but is not paying the home loan emi. She is not giving accounts saying all the money is spent on other things. Bank said that if 3rd emi is missed they will initiate NPA process. We may lose the property.

Advocate Suraj Chandrasekaran answered
This is an unfortunate case. If you are also interested in the estate, then you can protect the same by moving the court and seeking relief to manage your father’s estate and seeking your mother to disclose accounts.

Q: is aadhar required for foreign citizen with an OCI to sell off home

i am a german citizen with an valid oci and pan card and want to sell of my property in india bought in 1988. I was told that i would need an aadhar card to sell off my property in india. is this true and also wanted to ask what documents would i need to sell off my property in india.

Advocate Suraj Chandrasekaran answered
Aadhar is not mandatory to sell your property. It is sufficient if you have your passport. Your identity card document with any prior title documents is good enough to sell your property. You can contact me if you have any clarifications regarding the above.