suit for declaration
Jaswinder Singh
(Querist) 07 April 2010
This query is : Resolved
A,B,C filed a suit for declaration against D (brother) and E(father) that all plntiffs and defs. are owners of 1/6 share of property owned by father E. father E expired during pendency of suit. During life time executed a Gift deed and WILL in favour of son D and disowned plaintiffs A,B,C. But in suit or written statement, no mention of Gift Deed or WILL.
Now after the death of father/Defendant D, what should I do. I have to move application for amendment or anything else.
B K Raghavendra Rao
(Expert) 07 April 2010
If the documents i.e. death certificate, gift deed/will are produced before the court, the declaration suit fails.
It is surprising that both gift deed and will are executed in favour of D and its necessity is to be probed.
However, if Gift Deed has been executed in favour of D and the same is duly registered he becomes the absolute owner of the property of father E and no one else get any share provided it is the self-earned property of E.
Kiran Kumar
(Expert) 07 April 2010
i agree with Mr. Rao
if u furnish all such evidence before the court then certainly the suit will fall flat.
even otherwise too, I think suit for partition should have been filed, when the dispute is among brothers only then what is the need for declaration at this stage?
suit for declaration wont bring partition of the property, it will just confirm that the parties are legal heirs and will have right in the property and nothing else.
and to the extent I know if the as per the proviso attached to S.34 of the Specific Relief Act, no court shall may any such declarations where the plaintiff, being able to seek further relief than a mere declaration of title, omits to do so.
G. ARAVINTHAN
(Expert) 08 April 2010
What is the property? self acquired or ancestral. If self acquired and Gift deed is registered, suit deserves to be dismissed.
