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Discussion > Property Law > Real Estate > Suit of Declaration and Posession   Unanswered Threads Post New Topic

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There are 12 Replies to this message


karan


business
[ Scorecard : 78]
Posted On 01 June 2009 at 17:52 Report Abuse

What is Suit of Declaration and Posession? How it can be filed? Please explain.



Y V Vishweshwar Rao


Advocate
[ Scorecard : 7446]
Posted On 01 June 2009 at 22:51 Report Abuse

The Suit for declaration is to declare a right of the party/plaintiff and when  the right is peratining to  property , the suti  is for declaration title/ownership   and also for recovery of possession , if the plaintiff is not in possesion , if the plaintfiff is in possesison suti for delcaration  title  and  Injunction not to interfere with the possession  of plaintiff . It all depends on the facts of the case and rights of the party /Plaintiff  


G.Aravinthan


Solicitor / Legal Consultant
[ Scorecard : 21904]
Posted On 02 June 2009 at 06:56 Report Abuse

 When the plaintiff's deceased father is the owner of the property and no legal heirs except the plaintiff and defendant is in possession of the property, then the plaintiff can file a suit for declaration that he is absolute owner of the property and to recover possession of the property from the defendant


Gopal Krishna Behera


Advocate, Orissa High Court, Cuttack.
[ Scorecard : 728]
Posted On 02 June 2009 at 07:28 Report Abuse

    In addition to above,  every suit shall be filed/instituted by the presentation of a plaint or in such other manner as may be prescribed.Please go through the OrderVII  Plant.


Gopal Krishna Behera


Advocate, Orissa High Court, Cuttack.
[ Scorecard : 728]
Posted On 02 June 2009 at 07:30 Report Abuse

 In addition to above,  every suit shall be filed/instituted by the presentation of a plaint or in such other manner as may be prescribed. Please go through the OrderVII  of the Code of Civil Procedure Plant.


Dr. V.N.Tripathi


Advocate and Mediator, Allahabad High Court.
[ Scorecard : 9419]
Posted On 05 June 2009 at 07:25 Report Abuse

good discussion !!


S.S.P.DARWESH


Director
[ Scorecard : 24]
Posted On 05 November 2009 at 13:15 Report Abuse

Originally posted by :Gopalkrishna Behera
"     In addition to above,  every suit shall be filed/instituted by the presentation of a plaint or in such other manner as may be prescribed.Please go through the OrderVII  Plant. "


S.S.P.DARWESH


Director
[ Scorecard : 24]
Posted On 05 November 2009 at 21:07 Report Abuse

Please send "Draft Plaint to file suit for declaration and possession of immoveable property".


P.K.Haridasan


Advocate
[ Scorecard : 928]
Posted On 26 February 2010 at 21:53 Report Abuse

Suit can be filed for getting a declaration from the civil court. As a  relief the party ask then for possession of the property. The suit can be filed in a court having jurisdiction where the property situate. Please follow  the property related suit procedure.


G.Aravinthan


Solicitor / Legal Consultant
[ Scorecard : 21904]
Posted On 01 March 2010 at 06:38 Report Abuse

For a decree declaring the title of the Plaintiff and also to recover possession to him




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