Execution of a decree against a legal representative.
Gopal Krishna Behera
(Querist) 13 June 2009
This query is : Resolved
When and how can a decree be executed against a legal representative?
Gopal Krishna Behera
(Querist) 13 June 2009
Where a judgment-debtor dies before the decree has been fully satisfied, the decree-holder may apply to the court which passed it to execute the same against the legal representative of the deceased.
the legal representative shall be liable only to the extent of the property of the deceased which has come to his hands and has not duly been disposed of.
Gopal Krishna Behera
(Querist) 13 June 2009
Where a judgment-debtor dies before the decree has been fully satisfied, the decree-holder may apply to the court which passed it to execute the same against the legal representative of the deceased.
The legal representative shall be liable only to the extent of the property of the deceased which has come to his hands and has not duly been disposed of.
Gopal Krishna Behera
(Querist) 13 June 2009
Where a judgment-debtor dies before the decree has been fully satisfied, the decree-holder may apply to the court which passed it to execute the same against the legal representative of the deceased.
The legal representative shall be liable only to the extent of the property of the deceased which has come to his hands and has not duly been disposed of.
Gopal Krishna Behera
(Querist) 13 June 2009
Where a judgment-debtor dies before the decree has been fully satisfied, the decree-holder may apply to the court which passed it to execute the same against the legal representative of the deceased.
The legal representative shall be liable only to the extent of the property of the deceased which has come to his hands and has not duly been disposed of.
Where the decree passed against a legal representative of the deceased person is for the payment of money out of the property of the deceased, it may be executed by the attachment and sale of such property. But in regard to property which came in to the hands of legal representative and which has not been duly applied by him, the decree may be passed against the heir personally.
Gopal Krishna Behera
(Querist) 13 June 2009
Where a judgment-debtor dies before the decree has been fully satisfied, the decree-holder may apply to the court which passed it to execute the same against the legal representative of the deceased.
The legal representative shall be liable only to the extent of the property of the deceased which has come to his hands and has not duly been disposed of.
Where the decree passed against a legal representative of the deceased person is for the payment of money out of the property of the deceased, it may be executed by the attachment and sale of such property. But in regard to property which came in to the hands of legal representative and which has not been duly applied by him, the decree may be passed against the heir personally.
Y V Vishweshwar Rao
(Expert) 13 June 2009
Dear Behera I agree with you and further add that;-
The Property of deceased should be there or it is in the hands of the Lr , for execution of the Decree, lr is liable to the extent of that proerty value only - not more than that.
Uma parameswaran
(Expert) 14 June 2009
If a decree is obtain by fraud it could not execute against LR.If the property is remain united then debt shall be paid in common , otherwise according to each share.If the debt is repugant to good moral the LR can claim immunity from that debt.
