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Declaration suit without seeking possession

(Querist) 24 March 2018 This query is : Resolved 
Cann i file a declaration suit to declare saledeed void without seeking the possession of the land in dispute. Because the land in dispute is open and none of the party is in possession of the land
Guest (Expert) 24 March 2018
How you are concerned in this issue. Who had executed the sale deed in favor of whom.. The Original documents, Parent deed and Sale deed are lying with whom. Who wishes to cancel/Void whose sale deed..
Bhumika (Querist) 25 March 2018
My mother purchase 6 plots from 20 plots of a single survey no. From the main owner in 1987, Who changed his land for non agriculturral use. My father was managing the all property and my mother was unenquited about the land that for what purpose my father purchase the land on the name of my mother and now from 2004 my father is missing . So we visit the land . And than we comes to know that the main owner change the land again in agriculture on the ground that the none of the plot is sold so he need to change the land and therefore collector grant the permission relying upon the false and friviloud affidavits and forged cirtificate of talati. And sale the full land again to the third party . And during the collecting the information i come to know that no entry was made in revenue records after purchasing the land by my father. But i really dont know why the entry was not made in the RR. We already have filed appeal Against the order of collector. And now we need to cancel the sale deed executaed by the main owner in favour of third party. The land is still open. Than can i file a suit only for declaration to cancel the sale deed without seeking the relief of possession
Dr J C Vashista (Expert) 25 March 2018
It would be better to consult a local lawyer with relevant documents.
Bhumika (Querist) 26 March 2018
Actually i am a law student and we cant afford a good lawyer.... so i want to file the suit my self. And i took afbise from a no. Of lawyers but dont get satisfaction. So i posted here. I kust need to know that only on the ground that plaintiffs are not seeking possession can court dismiss the suit? When the land is open
Ms.Usha Kapoor (Expert) 09 July 2018
I agree with Narasimha.


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