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Author Topic: If declaration of title is binding on someone other than the party to the suit?  (Read 787 times)

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Offline Prerana

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Hi, so we have got an Order in 1996 for declaration of title and permanent injunction against certain defendants that were causing trouble at that time. Now, in 2015 we have this one person claiming that certain part of our property belongs to him.

What can be done in such a situation? Does the Declaration of Title apply against everyone or just the parties to the suit?

If it applies to only the partes to the suit, what legal steps can be taken agaisnt this person?

Online adv.amarnath

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Declaration of title in your favour means you are the lawful owner of certain suit property. If any person is also claiming your property then you can send a legal notice attached with copy of decree. But permanent injunction order is only binds upon defendants only. You can lodge a complaint before local police station.
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Amarnath Sanyal
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Offline Prerana

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 Thank you, Amarnath.

Can you please mention the provision that states that declaration of title is binding upon everyone?

Offline Prerana

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 Thank you, Amarnath.

Can you please mention the provision that states that declaration of title is binding upon everyone?

As per my research, according to Section 35 of the Specific Reief Act, 1963, the declaration of title is binding only upon the parties to the suit.

However, it does make sense that it should hold agaisnt everyone considering we have been declared as the lawful owner of the property. Hence, I am confused. It would be great if you could clarify on this.

Online adv.amarnath

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If you are a lawyer then you should not be confused but if you are not then it is obvious to get confused as your erstwhile lawyer has not made you clear. Anyway, if you ask me to make it clear, then I must go through the judgement and decree. You can contact me for consultation and clarification in details.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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