Suit for declaration and suit for permanent injunction
Roshan Singh
(Querist) 14 May 2016
This query is : Resolved
my grandmother(smt. Rukmani devi) purchased property of dda from dda allotee through
1.agreement to sell
2.cash receipt,
3.general power of attorney
4. special power of attorney
5. affidafit
6.will
in these documents gpa and spa my grandfather name Sh. jai kishan arya.
my grandmother expired on 31/12/2000.
my grandfather make freehold (conveyance deed) from dda on his name 2009.
my grandfather expired 01/01/2012. my grandfather make will 10/06/2010, and this will he give property to my uncle name manoj kumar.
my uncle file probate petition , i also arise issue frame time, this property is joint name of my grandmother and grandfather. and my grandfather could not execute will on this property.
i dont prove this issue , because i dont have paper of my grandmother name.probate favour of my uncle. after that i recevie paper dda , house tax and bses electricity department.
in dda my grandfather only give gpa and agreement to sale. and house tax agreement to sale, gpa, cash receipt his favour. and but bses i get original receipt my grandmother name . this is registered in kashmiri gate.after some time i know that will is also registered in favour of my grandmother. and when i received paper in rti both agreement to sale(dda and house tax) different one is thumb expression and other not there and one is one witness and other two witness. one is attest different person and other is different person rest all matter same and both are favour of my grandfather. but both are forged. because actual agreement of sale my grandmother name. but i dont have my grandmother favour of agreement to sale. i enquired the address of allotte jangir singh his address tilak nagar, but his son said his father jangir singh expired 1993 in car accident. i want to prove that the title of this property my grandmother name rukmani because gpa executor is died before the time of conveyance deed through dda. and gpa excutor death gpa automatic cancel then will to give to title of this property. will is in favour of my grandmother.my grandmother expired 2000 year. after that all legal heirs are equal share of this property. the document received in year 2014 and is under limitation period. i want to do case suit of declaration and permanent injunction.my question is that my what is the difference between suit of declaration and suit for permanent injunction. and one more question is in suit of declaration court fees filed or not. because my condition is not well, my father is not well, he recently had an attack of paralise. the property is valued through circle rate approx 1.5 crore. and in this amount court fees very high pay. please help my.
J K Agrawal
(Expert) 15 May 2016
Suit for declaration requires court fee.
Suit for injunction only does not require much court fee but the property should be in name of you so it is not applicable in your case.
The alternative way is to file a suit for inheritance and partition. It does not attract much Court fee.
On another but tough way is to get declare all those documents which are adverse to you, to be not applicable against you. This type of declaration does not attract court fee but such suits requires good lawyers.
Rajendra K Goyal
(Expert) 15 May 2016
You have a weak case in your favor as will has been probated in favor of your uncle.
Show all documents to local lawyer and discuss.
