Abhishek Mawle (x) 26 November 2010

Execution Petition by Legal Heirs

My father had filed a suit for damages against a Company, my father passed away 0n 31st December 2009,subsequently I approached his lawyer and informed the same to him he told me we can file the petition to implead the legal heirs later on, I received the death certificate of my father on 16/04/2010, I Informed the same to my lawyer he told there is no need to file the Legal heir petition now as the same could be filed in Execution Petition if we are successful in getting a decree against the defendant. Now a decree has been passed in our favor on November 3rd, 2010.My question is how do we file an Execution Petition, Do we need to obtain a Legal heir certificate from the court or Succession certificate or directly file an Execution Petition Directly by declaring me and my sibling’s as Legal heirs of my father. Please Advise.

Reply Follow

2 Replies

niranjan (civil practice) 26 November 2010

If any party of the suit dies pending the suit,legal heirs are tobe joined within 90 days,if not filed then suit abates. In your case there cannot be decree against the dead person.You should have filed the application to join LRs.Only if pltff.has dies after the decree then his LRs can file EP.But if there were other pltffs. in the suit over and above your father,in that case the suit will not abate.

Abhishek Mawle (x) 27 November 2010

I would like to add one more point to the above question is my father already was successful in the suit in October 2008 then the defendant had moved a petition to set aside the decree on grounds that he was unable to concentrate on the suit due to personal reasons. During the pendency of the I.A for restoration of suit my father passed away and later on I was informed by our lawyer that the I.A was dismissed and the decree remains passed against the defendant.