Suit for Declaration in Pakistanadmin / November 29, 2018
Suit for declaration in Pakistan is a suit before the court of Pakistan where you seek a remedy from the court of Pakistan to declare a particular thing. You can file any case before a court asking to declare anything provided that it falls within the ambit and jurisdiction of the court. Normally suit for declaration is filed in court regarding a property asking the court to declare that a certain property belongs to a particular person or certain legal heirs. When a person dies leaving behind a property the legal heirs can file a suit for declaration in Pakistan claiming that the plaintiff or plaintiffs are the only legal heir of the deceased. The legal heirs have to prove before the court that they are the only legal heirs of the property. Once a declaratory decree is passed by the court the legal heirs can get the suit property transferred in the name of legal heirs. No official department of Pakistan will transfer the property of the deceased person on the name legal heirs unless and until after Suit for declaration of legal heirs the court had passed a decree saying that these people are the only legal heirs of the deceased property. Where there is a dispute among the legal heirs and where one or more of the legal heirs are in possession of the property denying the right of any other legal heir such a person can file a Suit for declaration and possession claiming that along with a declaratory decree he also need possession of such property like other legal heirs. Suit for declaration and permanent injunction can also be filed
What is suit for declaration and permanent injunction?
Suit for declaration and permanent injunction means that along with a suit for declaration in Pakistan you also claim an injunction from the court. Injunction in normal words means a stay order. Injunction can be temporary and permanent. Normally in case of disputed property we ask for a stay order from the court. Permanent injunction means that a stay is granted for ever and temporary injunction means that a stay is granted for a limited period by the court. Normally the courts in Pakistan issues a temporary stay order refraining a party to alienate a property and in the mean while notices are issued to opposite party so that they can also appear before the stay and give their version so that the truth can be ascertained by the court on the basis of evidence produced and justice be done accordingly.