Kaagazaat

Suit for Declaration

At a glance

Price: Free, always.
Stamp duty: No stamp-paper duty is payable on the pleading itself; it bears the court's own court-fee stamp.
Registration: Not registrable: a court paper is not an instrument under section 17 of the Registration Act, 1908.
Witnesses: None required for the paper itself.

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Free, always.

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Also called

declaratory suit
suit for declaration of title
suit to declare will valid or void
declaration of status
घोषणा का दावा
ਘੋਸ਼ਣਾ ਦਾ ਦਾਅਵਾ

When you need it

A civil suit asking the court to declare a right that someone else is denying or clouding: that you own a property, that a will is valid or is void, or that you hold a family status such as being a son or heir. It is brought under section 34 of the Specific Relief Act, 1963.

A court may refuse a bare declaration where you could have asked for more, such as possession or an injunction, so the draft makes you say whether any further relief is available. Court papers are usually filed through an advocate, who also files a vakalatnama; this form prepares the draft for them to settle. The court fee depends on the kind of declaration and the valuation, and was not confirmed here; ask the filing counter. Not for: getting a will formally proved (probate or letters of administration is a separate petition), or a dispute where you are out of possession and need the property back (use the Suit for Possession or take advice on joining that relief).

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See stamp duty, registration and witnesses

What follows is written for Punjab and Chandigarh. It states the position there rather than describing how it varies, so the amounts below are the ones that apply — worth confirming at the sub-registrar’s office, because rates change. If the property is anywhere else in India, none of this is yours.

Stamp duty

No stamp-paper duty is payable on the pleading itself; it bears the court's own court-fee stamp. The court-fee figure for this kind of filing in Punjab and in Chandigarh was not confirmed here: ask the court's filing counter (Nazarat) or your advocate for the amount on your valuation, and for the vakalatnama stamps if an advocate is engaged.

Registration

Not registrable: a court paper is not an instrument under section 17 of the Registration Act, 1908. Any decree that results has its own registration or mutation step, if one is needed.

Notarisation

The paper is verified by the party and signed; it is not notarised. Any separate affidavit filed with it (the General Court Affidavit in this library will do) is sworn before an Oath Commissioner or Notary.

Witnesses

None required for the paper itself. Evidence is led later, in the court's own procedure.

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SUIT FOR DECLARATION

IN THE COURT OF Civil Judge (Senior Division), S.A.S. Nagar (Mohali)

Civil Suit No. ............ of ............

Harpreet Singh, S/o Sh. Amarjit Singh, aged 52 years, retired, resident of House No. 214, Phase 3B1, S.A.S. Nagar (Mohali) ... Plaintiff

versus

Jaswinder Singh, S/o Sh. Gurdev Singh, aged 47 years, businessman, resident of House No. 9, Sector 21-C, Chandigarh ... Defendant

Suit for a declaration concerning the plaintiff's title to the suit property, under section 34 of the Specific Relief Act, 1963.

The plaintiff states as follows:

1. THE SUBJECT OF THE SUIT. House No. 47, Sector 22-B, Chandigarh, 10 marla, bounded on the north by House No. 48 and on the south by a 20-foot road

2. THE PLAINTIFF'S RIGHT. The plaintiff inherited the house from his late father, Sh. Hari Singh, who died on 14.02.2020 leaving the plaintiff and his sister as heirs; the sister released her share by registered deed dated 03.06.2020.

3. THE DEFENDANT'S DENIAL. The defendant has claimed in a letter to the municipal office that he is the owner under a will dated 02.01.2020, which the plaintiff says is forged. The denial or dispute first arose on 1 April 2026. It casts a cloud on the plaintiff's right, and the plaintiff is therefore entitled to a declaration.

4. FURTHER RELIEF. No further relief is available to the plaintiff at present, so a declaration alone is sought.

5. JURISDICTION AND VALUATION. The cause of action arose, and the suit property lies, within the territorial limits of this Court. The suit is valued at ₹15,00,000 (Rupees Fifteen Lakh only) for jurisdiction and court fee. Court fee is paid as the court fee table of this Court requires on that valuation.

6. OTHER PROCEEDINGS. No other suit or proceeding between the parties on the same matter has been filed or decided.

7. DOCUMENTS. The plaintiff relies on: Sale deed or inheritance papers; death certificate; the will or other paper the defendant relies on; the defendant's letter dated 10.03.2026..

PRAYER

The plaintiff prays for a decree declaring that the plaintiff is the sole owner of the suit property and that the will dated 02.01.2020 set up by the defendant is forged, void and not binding on the plaintiff; for the costs of the suit; and for any other relief the Court thinks fit.

VERIFICATION

Verified at S.A.S. Nagar (Mohali) on 2 April 2026 that paragraphs 1 to 5 are true to my knowledge and paragraphs 6 to 7 are true on the records and on information I believe to be true; nothing material has been concealed.

Plaintiff: Harpreet Singh

Through counsel: Sh. Gurpreet Singh Dhillon, Advocate, Chamber No. 214, District Courts, Sector 43, Chandigarh

Questions about this document

Does the Suit for Declaration need stamp paper or stamp duty in Punjab and Chandigarh?

No stamp-paper duty is payable on the pleading itself; it bears the court's own court-fee stamp.

See the full position on stamp duty, registration and witnesses

Does the Suit for Declaration need registration in Punjab and Chandigarh?

Not registrable: a court paper is not an instrument under section 17 of the Registration Act, 1908.

See the full position on stamp duty, registration and witnesses

What does the Suit for Declaration cost on Kaagazaat?

Free, always.

Does the Suit for Declaration need witnesses?

None required for the paper itself.

See the full position on stamp duty, registration and witnesses

Often needed with this document

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