Section 35 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 35 says who is bound by a declaration made under Chapter VI. It binds only the parties to the suit, the persons claiming through them respectively, and, where any of the parties are trustees, the persons for whom those trustees would be trustees if those persons were in existence at the date of the declaration.
This article follows the consolidated text of the Act consulted (amendments shown up to Act 18 of 2018). Later amendments should be checked before you rely on any provision.
A declaration under Chapter VI binds only (1) the parties to the suit, (2) persons claiming through them respectively, and (3) where any party is a trustee, the persons for whom he would be trustee if they were in existence at the date of the declaration. Anyone outside those groups is not bound. The section sits after section 34, which lets a person entitled to a legal character or a right to property sue for a declaration.
Where section 35 sits
Section 35 is the second section of Chapter VI, "Declaratory decrees". Section 34 lets a person entitled to any legal character, or to any right as to any property, institute a suit against a person denying or interested to deny his title, and the court may in its discretion make a declaration that he is so entitled. As the text consulted prints it, a proviso to section 34 says no court shall make such a declaration where the plaintiff, being able to seek further relief than a mere declaration of title, omits to do so, and an Explanation says a trustee of property is a "person interested to deny" a title adverse to the title of someone who is not in existence and for whom, if in existence, he would be a trustee. Section 34 already has its own post on the site: see declaratory decrees under section 34. Section 35 then answers a different question: once a declaration is made, whom does it bind?
If you are considering a declaration, or you want to know whether one that already exists affects you, you can ask for a legal consultation.
The text of section 35
"A declaration made under this Chapter is binding only on the parties to the suit, persons claiming through them respectively, and, where any of the parties are trustees, on the persons for whom, if in existence at the date of the declaration, such parties would be trustees."
The word "only" is the key. The section gives an exhaustive list of those bound, and anyone outside the list is not bound by the declaration.
Group 1: the parties to the suit
The plaintiff and the defendants are bound. A declaration cannot be treated as a decision against a person who was not before the court.
Group 2: persons claiming through them respectively
"persons claiming through them respectively". This covers those who derive their rights from a party, such as a person who takes the property from a party after the declaration, or an heir. The word "respectively" means that each person is bound as a person claiming through the particular party from whom he derives his right, not through some other party.
An invented example: Meena obtains a declaration against Joshi that she is the owner of a plot. Joshi later transfers whatever interest he has in the plot to Dinesh. Dinesh claims through Joshi and, under section 35, is bound by the declaration. A neighbour, Farhan, who was not a party and does not claim through either, is not bound.
Group 3: persons for whom a party-trustee would be a trustee
"where any of the parties are trustees, on the persons for whom, if in existence at the date of the declaration, such parties would be trustees". If a trustee is a party, the declaration also binds the persons for whom he would be trustee, if those persons are in existence at the date of the declaration. Beneficiaries who exist at that date are covered through the trustee. Persons who are not yet in existence at that date are outside this sentence, because it speaks of persons "in existence at the date of the declaration".
This lines up with the Explanation to section 34, which deals with a trustee as a person interested to deny a title adverse to someone not in existence. "Trustee" is defined in section 2(d) as including every person holding property in trust, and "trust" takes the meaning in section 3 of the Indian Trusts Act, 1882 under section 2(c); see sections 1-2. For the position of trustees under that Act, see our posts on the Indian Trusts Act, 1882, how a trust is created and on the liability of a trustee for breach of trust.
| Group | Who is bound | Condition |
|---|---|---|
| 1 | Parties to the suit | None |
| 2 | Persons claiming through the parties, respectively | They derive their rights from a party |
| 3 | Persons for whom a party-trustee would be trustee | Where any party is a trustee; the persons must be in existence at the date of the declaration |
| Everyone else | Not bound | The section says "only" |
What the section means in practice
The section protects people outside the suit. A declaration obtained against one claimant does not fix the rights of strangers. It also has a practical effect for the winner: if you want the declaration to bind a person, that person must be a party or must claim through a party, or be a person for whom a party-trustee would be trustee. A plaintiff who wants a declaration to bind everyone who might deny his title should consider who needs to be joined as a party. For how parties and causes of action are dealt with in civil suits, see our post on suits, institution, parties and cause of action under the CPC.
Section 35 deals only with declarations under Chapter VI. Other decrees, such as injunctions, are dealt with in other chapters. The Act prints no limitation period for a suit for a declaration; see the Limitation Act article on suits for declaration.
Practical points
Before you sue for a declaration, list everyone who could claim an interest and decide whether each should be joined. When you are served in a suit for a declaration, check whether you are a party, or whether anyone through whom you claim is. When trustees are involved, look at who the beneficiaries are and whether they exist at the date of the declaration. For the next group of provisions, on injunctions, see sections 36-37, and for the earlier section on restoring benefit, see section 33.
Need help with a declaration or its effect?
A declaration is only as wide as the list in section 35. We can review who is, and who is not, bound in your matter and what to do about it.
Key takeaways
- Section 35 says a declaration under Chapter VI is binding only on certain persons.
- The parties to the suit are bound.
- Persons claiming through the parties, respectively, are bound.
- Where a party is a trustee, the persons for whom he would be trustee, if in existence at the date of the declaration, are bound.
- No one else is bound.
Read next
- Sections 36-37 of the Specific Relief Act, 1963: preventive relief, temporary and perpetual injunctions
- Section 33 of the Specific Relief Act, 1963: restoring benefit or compensation when an instrument is cancelled
- Declaratory decrees: section 34
Disclaimer: Based on a consolidated text of the Specific Relief Act, 1963 showing amendments up to the Specific Relief (Amendment) Act, 2018 (in force from 1 October 2018), as consulted on 2 October 2026. Later amendments, notifications under the Act and the law of limitation should be checked. This article is general information, not legal advice; check the official text before acting.