Registration of consent term order / decree !

Naval Rungta (Querist) 03 February 2013 This query is : Resolved
In a Execution Petition pending in City Civil Court in Mumbai in regard to Consent Term Order passed by the court the learned lawyer defendants claimed that the said order should have been registered and stamped which according to common sense is not necessary. Pl. clarify if I am misinformed.

The said lawyer also claim that the property in question was to be sold out with in 6 months by a private treaty as per court decree and now the decree is null & void as sale did not take place with in 6 months.

This again is a argument to fool around with judicial system of the country. Pl. correct if it is true.

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ajay sethi (Expert) 03 February 2013
does the consent term provide that property is to be sold within period of 6 months?

Raj Kumar Makkad (Expert) 03 February 2013
Your lawyer is the best judge in this matter as he is having the judgment and decree in his hand. After all defendant might have something in his hands vide which he has raised objections and if those objections have no base at all then trust in the court as those shall become vanished.

Devajyoti Barman (Expert) 04 February 2013
A decree is enforceable within 12 years of its date of passing.
So even if you have failed to comply it it, you have still time.
Without seeing the decree it is difficult to advise further.

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