My brother made my father execute a settlement deed in favour of him transferring all his assets to my brother. On the day of registration, my father was admitted to ICU, I have the medical records for the same and also my father signature in settlement deed have zero resemblance to his previous signatures. So I have decided to seek a declaration under specific relief act for null and void-ab-initio.
The suit property was bought by my father and his brothers, they have an agreement of boundaries and everything, but the property is unpartitioned. My father has 3 legal heirs myself, my brother and my mother. And I just want declaration simpliciter without any consequential relief of partition etc. Is it possible for suit of declaration without consequential relief. I'm not in possession of property currently my brother is in possession, and even if it's declared null and void I won't have exclusive possession since there are 2 other legal heirs. And I don't want to ask for partition etc. Will my suit be maintainable without asking for consequential relief ?
