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Clarification on filing of declaration suit for title by plaintiff


24-Mar-2023 (In Civil Law)
Partition deed registered by forgery for 1/5 share of plaintiff's property by third persons who have no title and no relationship to plaintiff. Now I have to file declaration suit for declaration of title of plaintiff. Can i file declaration suit for 1/5 share of plaintiff's property or whole of plaintiff's property
Answers (2)

Answer #1
623 votes
You can file a declaration suit for whole of the property. You must also pray for declaring the partition deed entered by forgery as null and void. You may also file a criminal case against the persons who forged the document without any title.
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Advocate Anirudh R Garga

Adv. Anirudh R Garga

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Answer #2
618 votes
First of all the person who can't claim the legal heir certificate, can't file for partition suite. If so you have to file dismiss for default first and then you can file the declaration suite. Regarding declaration you have to file it for whole property.
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Advocate R Aneesan

Adv. R Aneesan

LawRatoChennai | 25+ Answers
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