What Is  Declaration Simpliciter?

What Is  Declaration Simpliciter?

A “declaration simpliciter” is a legal term from the Indian legal system that refers to a lawsuit seeking only a declaration of rights, without any further action or relief being requested.

Here’s a breakdown of the key aspects:

• Declaration: The lawsuit aims to get a court judgment that clarifies the legal status or rights of the plaintiff (the person filing the lawsuit) in a particular situation.
• Simpliciter: This means “simply” or “uncomplicated.” In this context, it emphasizes that the lawsuit only seeks the declaration and no additional remedies like possession of property, cancellation of a document, or an injunction.

Here’s a more detailed explanation of “declaration simpliciter” in India:

What it is:

• A lawsuit seeking a court judgement that confirms the legal rights or status of the plaintiff in a specific situation.
• No further action or consequential relief is requested, such as possession of property, injunction, or cancellation of a document.

Benefits:

• Can be a quicker and less expensive way to resolve disputes compared to lawsuits seeking consequential relief.
• Useful for establishing legal rights upfront to avoid future complications.
• Lower court fees compared to other types of lawsuits.

Considerations:

• Courts might reject the lawsuit if the plaintiff could seek a more concrete remedy.
• May not be suitable for all situations, especially when immediate action is needed.
• Different limitation periods might apply compared to other lawsuits.

Examples:

• A property owner sues for a declaration confirming their ownership rights without seeking to evict current occupants.
• An heir sues for a declaration confirming their inheritance rights without seeking immediate possession of the property.

Here’s how a plaint could be drafted to request a declaration simpliciter:

In the [Court Name]

[Plaintiff Name], Plaintiff

Versus

[Defendant Name], Defendant

Plaint

1. Introduction

Briefly introduce yourself (Plaintiff) and the Defendant.

2. Facts of the Case

State the relevant facts of the situation that led to the dispute. Be clear, concise, and chronological.

3. Issue in Dispute

Clearly state the legal issue you want the court to declare on. This is where you define what rights you believe you possess.

4. Relief Sought

Here’s the key part for a declaration simpliciter:

• Declare that the Plaintiff has the following rights (mention the specific rights you want confirmed).
• State that you are not seeking any further relief, such as possession of property, damages, or injunction.

5. Prayer

Summarize what you ask the court to do. This should reiterate your request for a declaration simpliciter, mentioning the specific rights you want declared.

6. Verification

The plaint needs to be verified by your lawyer, confirming the information provided is true to the best of their knowledge.

7. Signature & Date

You and your lawyer will sign and date the plaint.

Additional Points:

• Attach any relevant documents supporting your claim.
• Ensure the plaint adheres to the specific format and procedures required by the court you’re filing in. Consulting a lawyer is highly recommended for this.

Remember: This is a general structure, and specific details will vary depending on your case. Legal advice from a qualified lawyer is crucial for drafting a proper plaint for a declaration simpliciter.

A sample plaint asking for a  declaration simpliciter under Transfer of Property Act:

IN THE COURT OF [District Name], [State Name]

[Your Name], residing at [Your Address], Plaintiff

Versus

[Defendant Name], residing at [Defendant Address], Defendant

Plaint

1. Introduction

I, the Plaintiff, [Your Name], residing at [Your Address], hereby file this plaint against the Defendant, [Defendant Name], residing at [Defendant Address].

2. Facts of the Case

(a) I am the legal owner of the property situated at [Property Address], described in the Deed of Sale No. [Deed Number] dated [Date] (copy attached), registered on [Date] under Registration No. [Registration Number] at the office of the Sub-Registrar, [Sub-Registrar Office].

(b) The aforementioned property was gifted to me by [Name of Donor] vide Gift Deed No. [Deed Number] dated [Date] (copy attached), registered on [Date] under Registration No. [Registration Number] at the office of the Sub-Registrar, [Sub-Registrar Office]. [Alternatively, you can mention the mode of acquisition – inheritance, purchase etc.]

(c) The Defendant, [Defendant Name], has been [State the reason for dispute – claiming ownership, interfering with possession etc.] of the said property without any lawful right, title, or interest.

3. Issue in Dispute

Whether the Plaintiff is the absolute owner of the property situated at [Property Address], described in the Deed of Sale No. [Deed Number] dated [Date].

4. Relief Sought

(a) This Court be pleased to declare that the Plaintiff is the absolute owner of the property situated at [Property Address], described in the Deed of Sale No. [Deed Number] dated [Date].

(b) It is further prayed that this Court declare that the Defendant has no right, title, or interest in the aforementioned property.

(c) It is clarified that I am not seeking any further relief, such as possession of the property, damages, or injunction.

5. Prayer

In view of the facts and circumstances mentioned above, it is humbly prayed that this Court be pleased to:

(a) Declare that the Plaintiff is the absolute owner of the property situated at [Property Address], described in the Deed of Sale No. [Deed Number] dated [Date].

(b) Declare that the Defendant has no right, title, or interest in the aforementioned property.

(c) Pass any other order that this Court may deem fit and proper in the interest of justice.

6. Verification

I, the Plaintiff, do hereby verify that the contents of this plaint are true to the best of my knowledge and belief and no part of it is false or misleading.

Dated: [Date]

[Your Signature]

[Your Name]

[Lawyer’s Name & Details]

Verification by Advocate

I, [Lawyer’s Name], Advocate, enrolled at the Bar Council of [Bar Council Name], do hereby verify that the contents of this plaint are true to the best of my knowledge and belief and have been based upon the instructions received by me from the Plaintiff and the documents perused by me.

Dated: [Date]

[Lawyer’s Signature]

[Lawyer’s Name] Advocate

Disclaimer: This is a sample plaint and should not be considered legal advice. It’s advisable to consult a qualified lawyer to draft a plaint specific to your situation and ensure it adheres to the specific court procedures in your jurisdiction.