(Guest)

Suit for declaration -is it required here

hello,
we are 2 daughters. and my elder(15yrs elder) sister is a widow with her kids who resides in our parental home for the last 20years (both my parents passed away). no settlment deed/will as such. she always initates a big quarell whenever i vist to ask for mutual partition of my share. i stay out of town and this is for 2 grounds of our land in prime location and we re hindu family.
in such case, if i decide to move forward with a civil suit, will it be a suit for declaration first to show my rights on the property or a partition suit
also is the preliminary decree that we get out of a partition suit is same as the powers of gettting the suit for declaration?
is the suit for declaration required at all in my case, or is it only filed by the possession holder,which is my eldr sister in this case
am confused with this tersm of suit for declaration / should go for getting the preliminary decree via partition suit.

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3 Replies

manoj 08 January 2018

You have to file a suit for Partition and to declare your right in the joint property. If you have any dispute with legal heirs, you immeditately file civil suit for partition as you are one of the legal heir in the said property. You have to file civil suit for partition, declaration of title is not necessary. declaring your right is enough in the partition suit.

V E MANOJ KUMAR M.B.A.,L.LB.,

ADVOCATE

CELL NO 86 86 15 92 92

R.Ramachandran (Advocate) 08 January 2018

The question of suit for declartion will arise only in those cases where there is doubt about ones title. In this case, you are one of the inheritors of the intestate property. Therefore there is no need for seeking 'declaration'.

You only have to file a suit for partition.

Please take help of a lawyer, so that you do not leave out anything on technicalities.