What is Suit of Declaration and Posession? How it can be filed? Please explain.
karan (business) 01 June 2009
What is Suit of Declaration and Posession? How it can be filed? Please explain.
Y V Vishweshwar Rao (Advocate ) 01 June 2009
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 (Legal Consultant / Solicitor) 02 June 2009
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.) 02 June 2009
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.) 02 June 2009
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.
Swami Sadashiva Brahmendra Sar (Nil) 05 June 2009
good discussion !!
S.S.P.DARWESH (Director) 05 November 2009
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) 05 November 2009
Please send "Draft Plaint to file suit for declaration and possession of immoveable property".
P.K.Haridasan (Advocate) 26 February 2010
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 (Legal Consultant / Solicitor) 01 March 2010
For a decree declaring the title of the Plaintiff and also to recover possession to him
SS (VP) 09 March 2010
Thanks sir, In the case of suit for possession by one brother who is not staying in the property on an another brother who is enjoying the property, will the financial status of the individuals / families play a role in the justice administration process. The brother who want to file a suit came up the hard way and settled himself and his children. The one who is enjoying the property staying there is financially weaker for reasons that he did not put in much efforts to settle himself and was happy with what he thd but did not belong to him.
Crime Reporter (XYZ) 17 October 2011
My case brief: Married and stayed together for 10yrs, DV field in 2010, separated since DV field. Paying interim maintenance.
Property 1: Joint names, Wife and son staying here. Loan over before DV. Husband paid most from salary income, wife paid minor amount form her own salary income. All 3 stayed her till DV was filed.
Property 2. Joint names, Husband staying here post DV. Only 10% loan over. Husband has paid all the loan till now and continues to pay.
Fear: Wife may break-into property no 2 in husbands absence.
1. Can a suit for declration of property be filed by husband for getting injunction in property 2 ?
Harsh Gautam (Advocate) 15 February 2014
pls. provide the soft copy of format of suit for declaration and possession
Ankur Gogia (Advocate) 19 October 2016
pls. provide the soft copy of format of suit for possession