Application for decree excecution

 

(Querist)
25 September 2018

My Dear friends,

In year 2016 only because of your valuable advice I could register family property decree of year 1979. Just one challenge here in the process of execution.
Decree was passed in 1979 for division of 8 blocks of agriculture land and till date that was not executed. Now I have applied in revenue department for execution but I have little fear about rejection from revenue officers on the ground of delay since 1979.
Please help me if they rejected my application then what to do ?
If there is any change in owners of these 8 blocks in middle years after 1979 then for such block what will action taken by revenue officer ?
I have started my legal fight with all of you gentlemen and want to complete it here only. Please help me.

Regards,
Ajit


Isaac Gabriel (Expert)
25 September 2018

The revenue authorities will sub-divide on the basis of the decree. Thereafter you can enjoy the portion.There may not be any fussle.Be prospective instead of assuming adversity.

Dr J C Vashista (Expert)
26 September 2018

It would be better to wait/ sleep for another 2-3 decades before filing execution petition.

ajitkumar (Querist)
26 September 2018

Vashista Sir that was happened only because of bad knowledge of law to my father. That’s why now I am struggling with it

Satya nand aggarwal (Expert)
29 September 2018

Your decree is of no consequences and the execution will be barred by limitation. You need to file fresh application for partition.

M V Gupta (Expert)
29 September 2018

While the legal position stated by Shri Aggarwal is correct, prolonged litigation can be avoided if all the parties are willing to partition the property on the basis of the court decree and execute deed of partition. This is in the interest of all concerned and saves unnecessary litigation and expense...



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