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documentation required after decree


Through a decree I was given full right over the house due to my spouse relinquishing his 50% share which was earlier 50% each to me and my spouse.

 

This judgment was granted ex-party.

 

What STEPS OR DOCUMENTATION should I do in the registrar office to avoid any third party interface of the full share I hold like selling of flat etc.

 

In what manner should I seal this matter in the registrar office so that they are aware of the judgement.

 
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Ex party judgement is always double edged sword .it may be set aside. at any time and may harm u.
 
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LAWYER

Just file the application for Execution of Decree and in that you can get the title of the property,provided the Judgment Debtor my file for setting aside of Ex parte decree,

 

 
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Dear Sir,

Thanks for your inputs, I have put the case for execution and in the decree it is stated that I own the property. Please read below the portion of my decree.

So now Title of property is already mentioned in the decree. What next steps are required if any at the registarar office for name change etc.

WHAT DO YOU MEAN BY THIS PLEASE: provided the Judgment Debtor my file for setting aside of Ex parte decree,

" Considering the aforesaid facts and circumstances,

suit is decreed in favour of the plaintiff and plaintiff is

entitled for decree of declaration to the effect that she is the

owner of the suit property and plaintiff is further entitled for

decree of possession of the suit property i.e. Flat no. 103,

Ground Floor, Konark Apartments, 22, I.P Extension,

Patparganj, Delhi110092.

CS-681 of 2017

Rachna Chaturvedi vs S.K Chaturvedi & Ors.

Page no. 14 of 15

Defendants are directed to handover peaceful

vacant possession of the suit property to the plaintiff.

Plaintiff shall also be entitled to costs.

10. Decree sheet be drawn accordingly. File be

consigned to record room after necessary compliance.

 

 

 

 

 

 
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LAWYER

That is very handsome reliefe ,the execution of decree will solve your every problem.The relifes sought and decreed by the court will be implemented by the court executing the decree. 

Reagrding ;  provided the Judgment Debtor my file for setting aside of Ex parte decree,

Since as per your version the decree is Ex parte,the Judgment Debtor(the deffendant in the suit ) can file an apliccation for setting aside the Ex parte decree,that needs to be taken care of.

Hope to have replied your qiery.

 



 

 
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LAWYER

That is very handsome reliefe ,the execution of decree will solve your every problem.The relifes sought and decreed by the court will be implemented by the court executing the decree. 

Reagrding ;  provided the Judgment Debtor my file for setting aside of Ex parte decree,

Since as per your version the decree is Ex parte,the Judgment Debtor(the deffendant in the suit ) can file an apliccation for setting aside the Ex parte decree,that needs to be taken care of.

Hope to have replied your qiery.

 



 

 
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Great, however the judgment was passed on June 2018 and 7 months have gone ever since no appeal has been filed or interest to set aside the judegment from the defendant so far has come to our notice.

HAS NOT THE APPEAL TIME PASSED, WHICH I THINK IS 6 MONTHS, SO ARE WE NOT SAFE ON THIS.

PLEASE CORECT OTHERWISE.

 

 

 
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LAWYER

You are 100% right that the application for setting aside the decree is barred by time, but there is Section 5  of Limitation Act i.e where the person showing sufficient cause for not acting in time can get the delay condned. The courts are however liberal to condone delyas.But if the service for defending the suit was served properly and acknowledged by the defendant the condonation can be refused.

This is just the possiblity in case an application is filed for setting aside the decree. This appears painful for any decree holder who is deprived to reap the fruits of decree if any such application is filed.

Hope answerd

 
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Good, but what if the execution is on its way and summons are going to be issued to the defendant, and the house will be sealed as defendant is out of country.

Is is that after execution of the decree has commenced and actioned the decree can be revoked if by any chance plea for setting aside the decree is approved.

Will the plea if at all be filed in the same court from where the judgment passed or the next higher court.

 

 
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LAWYER

First of all i request you not get disturbed by my replies, as it is human nature one feels disturbed upon listening what ought not to know.I pray for you to get what is rightful to you.

Anyway My Sister the Fist Point; Yes during the execution  of decree court will process issuance of summons for the Judgment debtor,and upon completion of service if the Judgment debtor does not show up (and Court is satisfied that services are complete) the dcree will be executed as prayed for . provided  if the presence  of judgment debtor is not necessary and decree can be executed fully in his absence then you have accquiered what you need.Though the decree subject to grant of leave for condonation can be challanged at any stage. That is why if you got the title of the property transferred in your name you can sell the property  at once .

The Application for setting aside the Decree can be filed in the same court that passed decree.

Hope replied

 

 

 

 

 
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