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MDR Law & Associates

Property and Civil Disputes: Questions and Answers

Plain answers to common questions about property, tenancy, money recovery and civil court cases in Chennai and Tamil Nadu.

How can a landlord legally evict a tenant in Tamil Nadu?

A landlord cannot lock the tenant out or cut off water or electricity. Tenancies in urban Tamil Nadu are governed by the 2017 Landlords and Tenants Act, and eviction has to follow its procedure and grounds, through the Rent Court where it applies or the civil court. A written, registered rent agreement makes the process far easier.

Read the full guide: Tamil Nadu Landlord and Tenant Act 2017 →

Can a daughter claim a share in ancestral property?

Yes. Since the 2005 amendment, confirmed by the Supreme Court in Vineeta Sharma v. Rakesh Sharma (2020), a daughter is a coparcener by birth with the same rights as a son, even if her father died before 2005 and even if she is married. Self-acquired property follows the owner's Will or the law of intestate succession.

Read the full guide: Daughters' rights in ancestral property →

What if the seller refuses to complete the sale after taking an advance?

The buyer can sue for specific performance, asking the court to order the sale to be completed, if the buyer was ready and willing to perform their own part and sues within the limitation period. Refund of the advance and damages can be claimed as alternatives.

Read the full guide: Specific performance of a sale agreement →

How do I stop someone from encroaching on or selling my property?

File a civil suit for a declaration and permanent injunction, together with an urgent application for a temporary injunction, supported by your title documents and proof of possession. Courts can restrain a sale or construction while the case is pending.

Read the full guide: Injunction suits for property disputes →

How long do I have to file a suit to recover money?

Generally three years from the date the payment fell due. A signed written acknowledgment of the debt, or a part payment, made before the period ends can start a fresh period. A legal notice does not extend the time.

Read the full guide: Limitation for recovery of money →

What documents should I check before buying property in Tamil Nadu?

The chain of title deeds including the parent document, an encumbrance certificate, patta and chitta, the approved layout and building plan, tax and utility receipts, and any RERA registration. Also check who is in possession and that the person selling has the authority to sell.

Read the full guide: How to check property documents before buying →

These answers are general information and not legal advice. The right answer for you depends on your documents and facts. See our practice area page for how we can help.

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