Legal Question in Civil Rights Law in India

question related to decleration

can a person go for decleration with having a possession of the property and without making all the necessary parties and also do not claim suit for possession? can this type of case can be dicreed?and the property is coming from forfathers and the petitioner also not have any document which support his ownership and on the other side defendent have a full payment agremment and on the term and condition of the agreement he have possession of the property and panchayat document also support him that the person gave possession to him was the real owner but the plantiff claim that he is the real owner of that property but not have a single document which support his ownership and this property is situated in abadi deh of the village and not having a record of ownership

Asked on 6/04/08, 3:04 am

3 Answers from Attorneys

Homi Maratha N.N. Maratha & Co.-Advocates

Re: question related to decleration

Please contact personally alongwith the details.

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Answered on 6/16/08, 3:06 pm

Re: question related to decleration

posession is not mandatory for declaration. but one has to make all the necessary persons party to the suit. claim for posession is different which can be filed alongwith declaration but no bar in filing it seperately..court fees has to be paid..

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Answered on 6/04/08, 3:48 am

Re: question related to decleration

For declaration and possession all necessary parties must be made without making necessary parties suit cannot be decreed.

No-2 the property from forefather can be succeeded by his legal heirs. If more than 2 members then property must be partition if not they dispute will arise in future. If the property is registered in the name of forefather then it need not require any documents because that the said property has registered property.

No-3 As far as you making full payment and having possession this part is OK but the panchayat does not have any power to declare any person or persons are the real owners. The real owner must be declare by the court of law based on your case and documents. If any property is situated in the village there must be a record.



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Answered on 6/04/08, 10:22 am

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