Design a suit

varma (Querist) 03 November 2011 This query is : Resolved
I am owner with possession for last 60 years including my parents posession for my house.Now my parents are not alive .Before year 1995,there is no title deed for my house & my parents simply enjoyed that property by paying house tax receipts in their names & land also not belongs to government .At present I have documents like registered WILL of year 1995 written by my mother,House tax receipts of my house in my name and proof of possession from year 1960 & there was no dispute about my TITLE till date.There is no probate of WILL required in my state also.NOW I want to make my TITLE as absolute marketable through court decree..So
1)Can any one design a suit for me how to become me as plantiff & with out praying declaration Title in court & not suit under order 33 c.p.c.[suit by indigent persons] but finally I be declare as owner of my property in final decree with dummy defendant arranged by me.PLZ note defendant should not my neighbours as they did not accept my request.
NOTE:Already i met lawyer,he said that pray for declaratory suit which attracts 4-5% of market value as court fee but not permanent injection of my property from others as it gives only extent of my possession but not ownership. & also

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sanjeev murthy desai (Expert) 03 November 2011
There is no cause of action, there is no issues, Hence there is no premafeci in your case.

sanjeev murthy desai (Expert) 03 November 2011
Already you have absolute ownership with respect to the Property. Hence there is no suit required in your fact.

prabhakar singh (Expert) 03 November 2011
If i am correct ,you have been here in past too.it was i who advised injunction suit.

No body can save you from paying court fees,unless legislatures made justice free.

I find that a court can not decree a suit of injunction filed on the basis of ownership and possession unless it finds an issue decided in favour of plaintiff to the effect
that "whether the plaintiff is owner and posses see of the suit property??"
After deciding this issue in favour of plaintiff,the suit of injunction can be decreed.
In our state the court fees is just double to that your state,hence we adopt this route.

It is true that injunction can be granted on the basis of possessory title also.But in that suit ownership is not pleaded.no such issue is framed and no judgement is given on the point of ownership.

varma (Querist) 03 November 2011
mr prabakaran sir,Ur guess is correct.I am past too. with ur experts valuable suggestion, I went to lawyer and I had experienced as above.Can anybody deign suit for me how to pray in court not asking declaration Title but to get final decree,1st my Title should be declared.
Eg: 'A' - final decree but not Title declaration
'B' - Valid title
Plantiff(me) & defendant(dummy arranged by me)

Plantiff prayed for 'A' against defendant. But in final judgement Plantiff get 'A' only after considering 'B' .
1) So PLZ designed as above so that I can pay court fee for 'A' only but in decree 'B' also reflects as crucial factor

prabhakar singh (Expert) 03 November 2011
will you please let me know that you mean by expression "Plantiff prayed for 'A' against defendant. But in final judgement Plantiff get 'A' only after considering 'B' ."

I AM NOT ABLE TO UNDERSTAND IT.

varma (Querist) 03 November 2011
I pray in court some type of relief(say A),then court 1st coment on my ownership(say B) which is deciding factor indirectly for my relief decree and remaining is as above said.PLZ DESIGN SUIT

varma (Querist) 04 November 2011
I am expecting views from
Mr.Ramachandran,Mr.prabakaran,Mr.makkad.Mr.setti,Mr.shonee kapoor..so on for my designed suit asked above.Just give outlines of design suit in what way I have to pray in court for some relief in suchway that court will give final decree for my relief only after comment on my ownership(i.e court will give relief decree in my favour only if I have ownership on my property).If this is suit,instead pf paying court fee for title declaration I pay only for relief prayer and remainin discussion is same as above.NOTE:defendant is dummy here.

Advocate Rajiv Mishra (Expert) 04 November 2011
First go 2 development authority of ur city & file an application for free hold ur property because that auth. is the owner of that property, if they deny or ignore ur applictn. send them a notice and make them defndnt and file a suit for declaration of ur title & mandatory injunctn against athrty to make ur proprty free hold, u hv 2 pay fix court fee in U.P. max 200+500.

Advocate Rajiv Mishra (Expert) 04 November 2011
If there is a land , that must be be belonged to some one ,explore revenue records etc. 2 find the origine.

dev kapoor (Expert) 05 November 2011
Dear Mr Varma,
It appears you hv no tangible problem.Courts fo not grant relief fore 'mere apprehension'.In your case I believe I must concur with Mr.Sanjeev Murthy Desai.You have no adversary/opponent i.e. there is none who is invading your right or jeopardising your possessory-title qua the house.Better if u dont get panicky & start going to court for ultimately getting NOTHING but spending your money to some frivolous litigation.Make sure that 'suits in rem' do not lie.Meaning 'suit against nobody or against the whole world or unidentified ppl do not lie'.There must be a definite person against who you must show a CAUSE OF ACTION for maintaining suit & getting RELIEF.
You maintain you possession unless someone challenges & you get a cause of action.
With utmost respect to the advise of Sh.Prabhakar Singh, I have difference of opinion regarding a SUIT FOR INJUNCTION.As already said, NO SUIT will lie (a) unless there is a tangible person causing cloud on the author's right to possess & maintain the same ; (b)unless there is a cause of action;(c) Suits lie in 'personam' & not in 'rem' & (d) With whom the author has controversy/issues ? & (e)Why harp at Court fee when even the SUIT does not lie.
Regards !