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NRV   25 September 2021

Plot owners association can file declaration of title??

Layout developers sold as acres after plots sold to individuals, all plot purchasers unitedly formed a association, this association can file declaration of title against acres owners?? present land in acres owners hands. who file declaration of title? can possible injunction??  



 4 Replies

Pradipta Nath (Advocate)     25 September 2021

Anyone can file declaration suit, provided they have the locus standi.
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Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     25 September 2021

yes. Any one can file for declaration suit. In a suit for seeking declaration with regard to a right or title in respect of property along with consequential injunction the Plaintiff will have to pray for a declaration as contemplated under section 34 of the Specific Relief Act, 1963, an interim injunction during the pendency of the suit under order 39
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NRV   25 September 2021

I was informed by some advocates in Hyderabad plot owners association no locus standi, so only plot owners individually can file declaration of title, only owner can file declaration of title. so i asked.

Shubham Bhardwaj (Practice)     25 September 2021

Dear Sir, Yes, the Association can file a Suit for Declaration of title under Specific Relief Act 1963 however the association will have to file an Application under Order 1 Rule 8 CPC with the main suit. Once the court allows the Application under Order 1 Rule 8, the suit will proceed normally with few exceptions provided in CPC itself. Further, Associations are " Persons" within the meaning of General Clauses Act. Therefore, there is no prohibition under law. Further, Injunction can also be granted on an Application under Order 39 CPC. Regards Shubham Bhardwaj (Advocate) District & Session Court, Chandigarh Punjab & Haryana High Court, Chandigarh. Disclaimer:- Opinion is only for guidance.
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