satnam singh saini (Marketing Officer) 28 September 2016

Execution of decree

Dear Reputed Lawyers,

A decree was awarded in the year 2006 and thereafter the opponents went in appeal but during the procedings of the appeal the decree holder expired. Leaving behind his "REGISTERED WILL" and legal heirs. The decree has not been execuded till date can the same be execuded now by the legal heirs or what is the validity period to execute the decree. The award is a flat of 500 feet by way of mandatory injunction. Can the decree be executed now by the legal heirs. Do they have to obtain Succession Certificate / Probate.

Regards.

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6 Replies

adv.bharat @ PUNE (Lawyer) 28 September 2016

Santanm ji legal heir after getting heir ship certificate from the Honerable court can proceed for execution of decree.

If u like my suggestion then GIVE THANK on my profile.

satnam singh saini (Marketing Officer) 28 September 2016

Thanks for your prompt reply. Regards

P. Venu (Advocate) 29 September 2016

Facts stated are incomplete. What happened to the appeal!

satnam singh saini (Marketing Officer) 29 September 2016

Sir,The disputant had no family but had executed nomination and will. The opponent did not bring any legal heir on record so the fate of appeal is not known .

surendra prakash agrawal (advocate) 29 September 2016

1- A decree remains valid for 12 years for execution.

2- If the will is registered and specific about its beneficiary than as per will beneficiary may file Execution Petition (in short EP) in the same court.

3- A list of attachable properties moveable and immovable including Car No. or Scoter or Locker No. etc be filed in the court with EP.

4- Before filing EP by Decree Holder (DH) please confirm realisable assets by making personal visit to the Judgment debtor (JD).

5-Always accompoany the Amin /court belief to identify the JD.

6- Remember that Amin/Belief should have Govt Leather Belt with metalic Billa issued by Court.

7- Please inform nearest police station/chowki for police assistance to maintain law & order situatiion. Pay fee of Police assistance, even if demanded.

As per my past experience, follow all possible legal channels and negotiate for compromise through One time Settlement (OTS) so that in one step you may get money.

M07830776602

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