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What is the difference between a suit for declaration and a suit for possession?

Posted by jobseeker Krish Chandna | Approved
Answers (3)

A suit for declaration primarily seeks a court's declaration regarding a person's legal right or status, while a suit for possession focuses on recovering physical possession of a property from someone who is wrongfully holding it. Essentially, a declaration establishes a legal right, while possession seeks to enforce that right by obtaining physical control of the property.

Answered by jobseeker Garima Rajput | Approved

A suit for declaration is filed to declare a person's legal right or status, such as ownership or title over a property. It does not involve taking back possession.
A suit for possession is filed to recover physical possession of a property from someone who is wrongfully occupying it.

Answered by jobseeker Lavanya Bhardwaj | Approved

A suit for declaration is filed to get the court’s confirmation of a legal right or status, like ownership or paternity. It only declares the right and does not grant physical possession. It is governed by Section 34 of the Specific Relief Act, 1963.

A suit for possession, on the other hand, is filed to recover physical possession of a property from someone who is unlawfully occupying it. It focuses on restoring control over the property and is governed by the Limitation Act, usually with a 12-year time limit.

In short, a declaration suit confirms rights, while a possession suit enforces them physically.

Answered by jobseeker shivani kumari | Approved

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