Jurisdiction and court clarity
Amit
(Querist) 22 August 2024
This query is : Resolved
Can a suit for declaration be filed in high court ?
My property is located in Madhya Pradesh.
What is the court fees for the same?
I am in possession with title via registered partition deed.
Do we need to file a writ petition? Under which law is it filed?
Is a newspaper advertisement published?
T. Kalaiselvan, Advocate
(Expert) 22 August 2024
You are already in possession of the property with a registered partition deed, then what is the necessity to file a declaratory suit to declare your title to the property?
No writ petition is maintainable neither you can file a suit directly before high court, before that you may clarify that what exactly is the legal problem that you are facing so that proper opinion can be rendered
Amit
(Querist) 22 August 2024
My uncle has filed a Universal commercial code 1 lien on the property through his company registered in Canada but operation also in the USA. He has not filed anything in India as per my knowledge. Thus was suggested to file a suit of declaration.
T. Kalaiselvan, Advocate
(Expert) 22 August 2024
There are two types of UCC-1 statements: blanket liens and liens attached to specific collateral. The creditor files the form with an agency in the state where the debtor's business is incorporate.
Lenders have the option of filing the following two types of UCC-1 statements:
Specific collateral UCC-1 statements: Most commonly used in real estate or equipment transactions. They give lenders first-order secured rights to real estate properties or specific collateral, such as the equipment purchased with the loaned funds.
Blanket lien: Blanket liens are also “all-asset” liens. This gives the lender secured rights to a range of assets, as long as the terms of these liens are detailed in the collateral section of the UCC-1 statement. Lenders tend to prefer this type of lien.
Since your uncle has filed the case in Canada and the company's operation is in USA and as they have not filed any case in India also it is not known that whether your property in India has been given as a collateral or they are seeking blanket lien, you may not rush to initiate any legal process before understanding the case in hand.
this hasty action may provoke them and will backfire due to which the impact may be very adverse, hence you may just wait and watch the developments and take appropriate action as per law when the time ripens.
