rajiv (self employed) 17 September 2014

Alternative to a declaration suit

Dear Sir, I have property in Andhra Pradesh and the property value is very high as it is located in the heart of the city. My relatives, after the death of my father and in my absence, as i was abroad, have created fake documents and lease agreements and encroached upon the property. they have created fake leases with private parties who are hand in golve with my relatives. This has happened almost 1.5 years ago. We have an injunction suit and an order, in force, but the illegal occupants are not respecting the court order, they have constructed commercial structures and making structural changes. some learned people have suggested me to go for a "Declaration of title & recovery of position suit". My financial background is quite poor and I am not in a position to bear the court fee which itself will be several lacs. Is there an alternative solution to my legal problem, experts kindly advise. some of my relatives are infact waiting for me to file a "Declaration suit" so that they can simply become a party to the suit. Please advise.

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naveenraj jain (proprietor) 17 September 2014

I'm also struck in such problem. My Advocate suggested that unless I pay the court fees there cannot be any solution. Moreover legal fees is also the same. I'm suggested for compromise which cannot happen. I hope there must be a option where court fees can be paid in parts else landsharks take refuge by taking advantage of our financial position. Rich people can afford to pay such fees but middleclass has to suffer at the hands of the courtd and govt. Old saying rich gets richer and poor gets poorer. No doubt...

Mahesh Bhatt ( Advocate) 26 September 2014

If the property is inherited by you from your father along with your other relatives then you may simply file a suit for partition and there is no need to file a suit for declaration of title as you are already holding title as a heir of your father.As far as the fake documents prepared by your relatives, you can simply seek a declaration that these documents are not binding on you on the ground that you are not a party to these documents.You may also go for appointment of receiver.All these remedies do not cost more as far as court fees is concerned.Find a good and experienced civil lawyer in your area and consult him he will save you from paying higher court fee after carefully examining your case papers.