execution petition
pushpakrishna
(Querist) 10 October 2015
This query is : Resolved
Dear experts
A filed a suit for recovery of money and got degree in favor of him.later he died .now his wife wants to file an execution petition along with her sons as his legal heir aganist the JDR.can we file an execution petition aganist the JDR along with an affidavit stating the facts along with legal heir certificate issued by the TAHASILDAR or we have to brought on record the LRs before filing an execution petition in the court.kindly give suitable advice on this.thanq experts in advance.
SAINATH DEVALLA
(Expert) 10 October 2015
If the decree holder has died before filing the execution petition, it may be necessary for the legal heirs of the deceased person to first obtain succession certificate, before they file the execution petition. This may be necessary in view of the provisions of Section 214 of the Indian Succession Act, 1925.
prabhakar singh
(Expert) 10 October 2015
Tehsildar certificate would not do.
You all need a succession certificate under
section 373 of Indian succession Act,1925
otherwise, section 214(1)(b)of the same very Act shall play a bar and executing court shall not pass orders of realisation unless
required succession certificate is filed.
90
SAINATH DEVALLA
(Expert) 10 October 2015
Rightly concluded by Sr Adv Prabhakar Singhji.
Rajendra K Goyal
(Expert) 10 October 2015
Agree with the advice from expert prabhakar singh.
