What is a declaratory suit? What are the grounds of declaration?
A suit for declaration is always filed under section 42 of Specific
Relief Act, 1877. There are various grounds for seeking declaration that
are mentioned below:-
Discretion of Court as to declaration of status or right Bar to such declaration
42.
Any person entitled to any legal character, or to any right as to any
property, may institute a suit against any person denying, or interested
to deny, his title to such character or right, and the Court may in its
discretion make therein a declaration that he is so entitled, and the
plaintiff need not in such suit ask for any further relief:
Provided
that no Court shall make any such declaration where the plaintiff, being
able to seek further relief than a mere declaration of title, omits to
do so. Explanation - A trustee of property is a "person interested to
deny" a title adverse to the title of some one who is not in existence,
and for whom, if in existence, he would be a trustee.
Illustrations
(a)
A is lawfully in possession of certain land. The inhabitants of a
neighboring village claim a right of way across the land. A may sue for a
declaration that they are not entitled to the right so claimed.
(b) A
bequeaths his property to B, C and D, “to be equally divided amongst
all and each of them, if living at the time of my death, then amongst
their surviving children". No such children are in existence. In a suit
against A's executor, the Court may declare whether B, C and D took the
property absolutely, or only for their lives, and it may also declare
the interests of the children before their rights are vested.
(c) A
covenants that, if he should at any time be entitled to property
exceeding one lakh of taka, he will settle it upon certain trusts.
Before any such property accrues, or any persons entitled under the
trusts are ascertained, he institutes a suit to obtain a declaration
that the covenant is void for uncertainty. The Court may make the
declaration.
(c) A covenants that, if he should at any time be
entitled to property exceeding one lakh of taka, he will settle it upon
certain trusts. Before any such property accrues, or any persons
entitled under the trusts are ascertained, he institutes a suit to
obtain a declaration that the covenant is void for uncertainty. The
Court may make the declaration.
(d) A alienates to B property in
which A has merely a life interest. The alienation is invalid as against
C, who is entitled as reversioner. The Court may in a suit by C against
A and B declare that C is so entitled.
(e) The widow of a sonless
Hindu alienates part of the property of which she is in possession as
such. The person presumptively entitled to possess the property if he
survive her may, in a suit against the alliance, obtain a declaration
that the alienation was made without legal necessity and was therefore
void beyond the widow's lifetime.
(f) A Hindu widow in possession of
property adopts a son to her deceased husband. The person presumptively
entitled to possession of the property on her death without a son may,
in a suit against the adopted son, obtain a declaration that the
adoption was invalid.
(g) A is in possession of certain property. B,
alleging that he is the owner of the property, requires A to deliver it
to him. A may obtain a declaration of his right to hold the property.
(h)
A bequeaths property to B for his life, with remainder to B's wife and
her children, if any, by B, but if B die without any wife or children,
to C. B has a putative wife, D, and children, but C denies that B and D
were ever lawfully married. D and her children, may, in B's lifetime,
institute a suit against C and obtain therein a declaration that they
are truly the wife and children of B.This judgment is reproduced from a publicly available source for informational purposes and does not constitute legal advice. If you believe this listing contains an error,
let us know.