declaratory relief
Mohamed Ali
(Querist) 03 March 2010
This query is : Resolved
What is declaratory relief suit ?
As our case is still pending in Final decree proceedings, in which some legal heirs of one 3rd plaintiff who are not entitle for share as per Mohammedan law have been brought on record as Legal representatives of the plaintiff along with the real LR's, the FDP court is not ready to decide In terse dispute among legal heirs of plaintiff dismissing our Interlocutory application in trial court and writ petition is also dismissed in high court saying even if the non legal heirs are on record as LR's of plaintiff will not create any right for them and we have not objected at the time in 1986 when they were brought on record as LR's in the still pending Final decree proceedings.
Now our advocate is planning to file a declaratory relief suit to declare who are the legal heirs who can succeed in the property or share or anything which is in the name of 3rd plaintiff he say we can club the result with the pending final decree proceedings...
Raj Kumar Makkad
(Expert) 03 March 2010
Declaratory relief suit denotes a relief sought from the court of law to get declared sought in the plaint/petition.
In the given facts, the opinion and line of action of your lawyer is accurate.
