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Suit For Declaration And Possession


06-Apr-2023 (In Civil Law)
Sir/madam I purchased the property on 2020 in that property one tenant is claiming the owner ship by way of GPS affidavit and full and final settlement now I have sale deed in my name so should I must go for declaration of title or only for possession and for damages for use and acuption
Answers (3)

Answer #1
753 votes
Has he/she taken possession of the property? Are you residing in the property?

If you don’t have possession as on date, your consequential relief must be for possession in addition to seeking declaration.
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Answer #2
943 votes
limitation to file the suit for declaration is provided as three years in article 58 of the Limitation. must be in actual physical possession of the property for a sufficiently long period and that the possession must be to the knowledge of the others which is regarded as a good title against all except the true
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Answer #3
558 votes
if you are having a registered sale deed from the owner then it is not necessary to go for declaration of ownership as you are already a owner just file a suit for possession against the said tenant based on the title.
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