Which statement accurately describes a declaration of legal character or a property right under sections 34 and 35 of the Specific Relief Act, 1963?
Question and options
Which statement accurately describes a declaration of legal character or a property right under sections 34 and 35 of the Specific Relief Act, 1963?
It recognises an existing legal character or property right and is granted at the court’s discretion.
It creates the claimant’s legal character or property right from the date of the decree.
It must be granted on request once the plaintiff alleges a legal character or property right.
It binds all third parties regardless of their relationship to the parties.
Answer and explanation
Section 34 permits the court, in its discretion, to declare an existing legal character or property right. Section 35 limits who is bound to the parties, persons claiming through them and qualifying beneficiaries of trustees who are parties.
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