Should legal heirs be made a party to execution petition

C.A.POLIS PATIL (Querist) 11 August 2014 This query is : Resolved
Sir,

A Preliminary Decree granting share to the plaintiff in the agricultural property has been made in Karnataka. Based on Preliminary Decree, Final Decree is also passed by the Court. A Court Commissioner was appointed and he has demarcated the share and submitted Report with Hand map showing demarcation and it has been accepted by the Court.Now before filing of execution petition for handing over possession of the share awarded by the Court Commissioner, one of the defendants has died. Now at this stage whether his legal heirs have to be brought on record or it is not necessary since it is only handing over physical possession as per Court Commissioner Report accepted by the court. Kindly advise with provisions of Law and also judgements

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ADV-JEEVAN PATIL, MUMBAI (Expert) 11 August 2014
Legal heirs hv to be brought on record by amendment of chamber summons

Surrender K Singal (Expert) 11 August 2014
Legal Heirs may accept share of the deceased, as per Decree / Commissioner's Report which can then be dealt with betwen them as per law