Execution of consent term order

Querist : Anonymous (Querist) 05 January 2011 This query is : Resolved
I had obtaines a oder from court under Consent Term where in the two flats owned by my late father were to be sold out and proceeds to be shared equally amongs heirs. My share is 20% in the said flats. However other heirs are not complying with the said order in which I am petitioner.

My lawyer sliped while drafting the consent terms and did not insert a clause to appoint an Executor if parties involved failed to sell off the flats in compliance of the order.

Pl. help and advice what can be done in the matter.

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Raj Kumar Makkad (Expert) 05 January 2011
Even if the desired could not be inserted in the consent agreement then also a fresh application can be moved on your part before the same court seeking the appointment of Court Nominee to supervise/execute the execution of the suit property qua its sale.

Parveen Kr. Aggarwal (Expert) 05 January 2011
The Order can be executed by filing execution petition.

Kirti Kar Tripathi (Expert) 05 January 2011
Yes, you can file execution petition yourself.

Amit Minocha (Expert) 06 January 2011
File an Execution petition seeking compliance of the Agreement / orders. Since consent to sell was already there no seperate clause for Execution is required. It is not a slip I believe, every lawyer knows that non compliance can be enforced by parties through Execution. Even if the said clause was there and they didnot honor, yet also you were required to file Execution petition , so no change in your stand. I once again say "it is not a slip", please donot blaim the lawyer with your little knowledge about the subject. Keep faith !

Querist : Anonymous (Querist) 23 January 2011
Will appreciate if some lawyer practicing at Dindoshi Court in Goregaon-E could intimate his details as the one who did consent term order is preoccupied in other court in Mumbai & Delhi. I can't delay the matter further.

Querist : Anonymous (Querist) 30 January 2011
Need a lawyer staying in /around Andheri-E. Pl. contact.

Querist : Anonymous (Querist) 03 February 2011
Is it possible for me to file application for ececution by filling a standard form available with registrar. I am told I can do so and even Ad. Kirtikar Tripathi has suggested so.

Will any stamp duty be applicable and what will be cost for appointing a executor by court? Awaiting expert advice.

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