What is a Suit For Declaration?
In a suit for declaration of rights or character and injunction, the Plaintiff will have to substantiate/prove his rights as claimed thereof. Accordingly, the Court may in its discretion award the rights so prayed along with permanent injunction, if deemed fit and necessary in the facts of the case. The court’s decision to define someone’s claim to real estate or other assets is known as a declaration suit. Anyone who is legally entitled to property may bring a lawsuit or make a declaration against someone who illegally owns the property.
The most popular and successful civil lawsuits filed by Indian attorneys are declaration suits. Based on the court’s declaration, it requests a declaration and an injunction. A declaration from the court through a court order is known as a suit for declaration. This occurs in civil cases where the court decides the rights and duties of the parties over the property, the right to file a suit for declaration is provided by section 34 of the Specific Relief Act, 1963.
There Are Some Certain Documents Required For Filing The Suit:
- Original papers of the property
- Ownership proof
- Address proof
- Proof of illegal possession of the property by another party.
The Process of Filing a Suit for Declaration
Filing a suit for a declaration involves several steps. Here’s a simplified outline of the process:
- Identify the Basis: Determine the grounds on which you are seeking a declaration.
- Engage a Lawyer: Find a qualified lawyer who is well-versed in civil law to guide you through the process.
- Prepare Documentation: Compile all necessary documents and evidence supporting your case.
- File the Suit: Your lawyer will help you file the suit in the appropriate court.
- Court Proceedings: Engage in the court proceedings, which may involve hearings, testimonies, and legal arguments.
- Judgment: Await the court’s judgment on your suit for declaration.
Need For a Suit For Declaration?
In civil law, a suit for declaration is a legal action that is filed by a person or entity to seek a court declaration or judgment on a specific legal matter. The purpose of such a suit is to obtain a formal legal determination or ruling from a court regarding a particular issue or question.
FAQ For a Suit For Declaration
Q1. Who are the necessary parties in a suit for declaration?
Ans – A “necessary party” is a person who ought to have been joined as a party and in whose absence no effective decree could be passed at all by the court. If a “necessary party” is not impleaded, the suit itself is liable to be dismissed.
Q2. What are the essentials of declaratory suits?
Ans – The utility and importance of the remedy of declaratory suits are manifest, for its object is to prevent future litigation by removing existing causes of controversy.
Q3. What is the cost of a suit for declaration?
Ans – when the suit is for declaration and consequential permanent injunction and the relief is regarding any immovable property, the fee shall be computed on 1/2 (one-half) of the market value of the property or of Rs. 300/- whichever is higher.
Q4. What is the limitation of a declaration suit?
Ans – The plaintiff has himself pleaded…have immediately filed the suit for declaration that the defendant is the benami owner and he is the real owner of the property in question.
Q5. Is suit for declaration of civil death maintainable?
Ans – Hence, the suit for declaration of civil death simpliciter is maintainable under Section 9 Code of Civil Procedure.
SUIT FOR DECLARATION
In the court of Hon’ble Civil Judge, Senior Division,
__________
_____________
Vs.
___________
SUIT FOR DECLARATION
Affidavit
I, __________ son of Late Shri ____________
R/o ____________________
do hereby solemnly affirm and declare as under: –
1- That the deponent is owner and in possession of a Plot comprised in ______________ No. ______________, _____________,
admeasuring __’x__’ total measuring __ Marlas i.e. ___ Sq. yards which is situated within the _______________________.
2- That the defendant is the real brother of deponent and the parties to the suit constitute a Joint ___________ family and are governed by _______ law.
3- That as a matter of fact the property, which is mentioned in Para No.1 of the plaint, was purchased by the defendant vide Sale Deed bearing its document No. ______ dated _____________ registered in the office of __________________. The copy of the Sale Deed is enclosed herewith the plaint.
4- That on ______________ a family settlement took place between the deponent and the defendant vide which the defendant relinquished all his rights, title and interest in the suit property in favour of the deponent and he put the deponent into the actual and physical possession of the suit property mentioned in Para No.1 of the plaint and since then the deponent is owner and in possession of the suit property which is mentioned in Para No.1 of the plaint.
5- That now the defendant with a malafide intention is not admitting the family settlement and he is not admitting the claim of the deponent in respect of the suit property for which the defendant has got no right, title and interest to do so.
6- That the deponent asked the defendant several times to see reason and to admit the claim of the deponent in respect of the suit property which is mentioned in Para No.1 of the plaint. First of all the defendant was avoiding to the requests of the deponent on one pretext or the other and finally on ______________ the defendant refused to admit the claim of the plaintiff.
7- That the cause of action to file the present suit firstly accrued on ______________ when the family settlement took place between the deponent and the defendant and it further accrued on each and every date when the deponent requested the defendant to admit the claim of the plaintiff. The cause of action finally arose on _____________ when the defendant finally refused to admit the claim of the plaintiff. Hence _______________ is the final date of cause of action accrued in favour of the plaintiff. Hence this suit.
DEPONENT
VERIFICATION:
Verified that the contents of my above affidavit are true to best of my knowledge and belief and nothing has been concealed therein.
Verified at __________ on ___________
DEPONENT
