A declaration suit is a civil suit in which the plaintiff seeks a court declaration that they are the lawful owner of a property or that they have a specific legal right. A recovery of possession suit seeks to recover physical possession of property from a person who is in unlawful possession. These two types of suits are often filed together. TRW — Tahmidur Rahman Remura Wahid Law Associates handles declaration and possession recovery suits with expertise in title investigation and property law.
Legal Basis
Declaration suits are governed by the Specific Relief Act 1877 (Sections 42-44) and the CPC. Section 42 of the Specific Relief Act provides that 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, their title to such character or right. Recovery of possession suits are governed by the CPC and the Specific Relief Act 1877 (Section 8, for recovery of specific immovable property).
The Limitation Act 1908 prescribes strict time limits for filing these suits. A suit for recovery of possession of immovable property must generally be filed within 12 years of dispossession. A suit for declaration of title must generally be filed within 6 years of the accrual of the right to sue. TRW calculates the applicable limitation period carefully in every case.
Evidence in Declaration and Possession Suits
The key evidence in a declaration and possession suit includes: title documents (deeds, khatians, mutation records); tax receipts; witness testimony; local inspection reports; and photographs. TRW conducts a thorough title investigation before filing the suit, identifying all available evidence and assessing the strength of the client's title. TRW also identifies and prepares witnesses for examination.
How Barrister Tahmidur Rahman Can Help
Barrister Tahmidur Rahman and TRW's property litigation team handle declaration and possession recovery suits across Bangladesh. Contact TRW at https://tahmidurrahman.com/contact/.
Frequently Asked Questions
Q: Can I file a declaration suit without also claiming possession?
A: Yes. A declaration suit can be filed independently. However, if you also want possession, you must include a claim for recovery of possession.
Q: What is the difference between a title suit and a possession suit?
A: A title suit seeks a declaration of ownership. A possession suit seeks recovery of physical possession. The two are often filed together.
Q: Can I get an injunction to prevent the defendant from selling the property while the suit is pending?
A: Yes. TRW files a temporary injunction application simultaneously with the suit.
