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karan (business)     01 June 2009

Suit of Declaration and Posession

What is Suit of Declaration and Posession? How it can be filed? Please explain.



Learning

 13 Replies

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  

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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

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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.

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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 !!

1 Like

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. "

1 Like

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.

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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


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