Whether a declaratory suit can get partitioned effected?

Querist : Anonymous (Querist) 12 July 2010 This query is : Resolved
Dear All,

If one of the siblings file a declaratory suit seeking declaration about his/her share of the property whether the same amounts to the partition of the property?

Awaiting your response eagerly.

Thanking in advance

Best Regards

Anonymous

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Devajyoti Barman (Expert) 12 July 2010
Definitely not. It merely establishes his right in that property and for physical partition either mutual partition or partition through the court is necessary.

RAKHI BUDHIRAJA ADVOCATE (Expert) 12 July 2010
No, she/he will have to file a suit for partition and declaration.

niranjan (Expert) 12 July 2010
I agree with the above views,however,if execution petition is filed and proper court fee is paid,it can be executed.One can try this.

G. ARAVINTHAN (Expert) 13 July 2010
partition and separate possession gives the title

Chanchal Nag Chowdhury (Expert) 13 July 2010
No. It does not amount to partition of the property.
It is doubtful if any court will grant such a declaration without a demand for partition as it may be barred by the Specific Relief Act.

N.K.Assumi (Expert) 13 July 2010
I concur with the members.Law can not act like a prophesy like Mr.Paul the Octopus.

Uma parameswaran (Expert) 13 July 2010
Declaration suit gives absolute title over the property and partition suit is to get the legal share in the properties.

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