Decree for movable properties, mesne profit
Querist :
Anonymous
(Querist) 18 October 2020
This query is : Resolved
Mother lived in an apartment died written a " will" that her daughter should take her self acquired house (apartment) and all his moveable properties and bank balance.
Her son took possession of the house after mothers death. Daughter filled suit for declaration and possession of house and moveable with mesne profit. Inventory of moveable are recorded by court as 32 items and valued it as 1,45.500/-
Court found that the "will" to daughter is valid and decreed the suit as,
Daughter entitled to get deliver of house from son.
son should deliver movables to daughter OR to pay the value of 1,45,500/-
Son should pay mesne profit @ 3000 per month.
My query here is
1. If the possession of house delivered after 7 years of decree.
Then the mease profit will be calculated from date of suit to deliver date of house OR from the date of suit to 3 years of decree.
2. If son ready to pay the cost of movables 1,45,000/- can daughter insist the court to get deliver the movables,
Thank you
Isaac Gabriel
(Expert) 18 October 2020
Any opinion could be given on seeing the order.Better consult a local lawyer.
Rajendra K Goyal
(Expert) 18 October 2020
Whether any execution filed?
Full decision needs to be referred.
If the movables were to be delivered and was not delivered as per court orders, claim movables. He can pay value as on present date if you agree.
Advocate Bhartesh goyal
(Expert) 18 October 2020
( 1 ) Means profit will be calculated from the. Date of filing suit to delivery of possession
( 2 ) Court's order "" Son should deliver the movables to daughter Or to pay the value of 145,500/-" Daughter can't insist for delivery of movables as per decision of court, it's choice of son whether he wants to deliver the movables or make payment of Rs 145,500/-.
SHIRISH PAWAR, 7738990900
(Expert) 19 October 2020
Hello,
Read the judgment carefully it will have mention about the payment of date from which mesne profit has to be paid. If it is not mentioned then daughter can claim mesne profit from the date of judgement. If son has already paid 145000 then he should have adequte proof about the payment so that even if daughter claim again in that case son can file those receipt in court.
P. Venu
(Expert) 19 October 2020
When the Court has decreed the suit, what is the relevance of hypothetical queries?
