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ashok kumar (Social Worker)     25 November 2014

Execution of decree for selling the mortgaged property

Execution of Decree for selling the mortgaged property

A decree has been awarded in favour of the Bank for selling of the property mortgaged with the Bank by the partners of the firm. Once of the partners has died before the suit was instituted, the other (husband of the other partner) also died after the decision. To the knowledge of the Legal Heirs, the Bank does not take any step to execute the decree for 10 years.

 

How do the Legal Heir get the update on the execution of the decree in view of the fact that the legal heirs do not stay at the place of the suit?

 

Can one of the legal heirs file a caveat in the lower court to bind the Creditor to inform him whenever he files the execution?

 

Though the law provides limitation or execution of the decree as 12 years but does it give a license to the Bank to remain silent for 10 years and then file the execution and burden the Judgment Debtors legal heirs with the interest for the period of 10 years for no fault of the heirs?



Learning

 1 Replies

Isaac Gabriel (Advocate)     06 December 2014

The legal heirs can approach the bank and settle the debt and avoid execution.


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