Decleratory Decree S.34 of SRA

Syamantak Kshirsagar (Querist) 28 July 2009 This query is : Resolved
Can anybody please give me exact provisions of S.34 of specific relief act? Can a decleratory decree be obtained by a heir of a deceased to get decleared himself as legal heir? The deceased had made an unregistered will with a doctor and a CA as witnesses.

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Y V Vishweshwar Rao (Expert) 28 July 2009
You can file suit for declaration of any right or status or to declare your interest in any property or subject

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Y V Vishweshwar Rao (Expert) 28 July 2009
You have to seek any other relief in such declaration suit and such any other relief to which your entitled cannot be omited and it can not prayed in other suit ! All the releives connceted with Declaration suit subject to be included in the same Suit .

Y V Vishweshwar Rao (Expert) 28 July 2009
the Decree can be prayed for

Declaration of Ttitle & injunction

Declaration of Title and Recvoery of possesison

Declaration of Status of a person and consequencial required releives to which he is entitled on the basis of such status !

Syamantak Kshirsagar (Querist) 28 July 2009
Thanks for the answer... What is the average time taken to obtain such decree in general?

Somnath mukherjee (Expert) 28 July 2009
you can get the declaration. it is not possible to give you any time bar

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Y V Vishweshwar Rao (Expert) 28 July 2009
In our Place , in the Court, normally it takes three years !

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