R T Annadurai 09 September 2023

Release of property documents pledged with subregistrar's office.

Dowry case filed in 1989 and the verdict was in favour of the girl in 1994 in the subcourt.
The grooms family were asked to pay a sum to the girl.
The grooms family was asked to pay a part of the verdict amount and for the remaining amount the grooms family pledged their property with the sub registrar's office in 1994 as they has appealed with the high court. {which was latter not accepted and dismissed.}
One of the clause for pledging was, pledge documents will be valid only till the case is live.
The subject case has come to a conclusion 10 years back.
The query now raised is, how to release the pledged document from the sub registrar's office. Do they have to file a petition or file a case for release of the document.

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Quick Summary

This discussion addresses how to retrieve property documents pledged with the sub-registrar's office following a concluded court case. The documents were pledged as security for an appeal in 1994, with a clause stating their validity only while the case was ongoing. Since the case has been settled for a decade, advice is sought on the process for releasing these documents. The consensus is that an execution petition should be filed before the trial court to order the return of the pledged documents, as the original claim has been settled.

3 Replies

T. Kalaiselvan, Advocate (Advocate) 09 September 2023

The decree holder can file an execution petition to execute the court order to release the property documents in view of the judgment made final ion their favor after the appeal before high court.

The execution petition may have to be filed before the trial court