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Anuj Sharma   02 September 2019

challange civil execution

our land is not divided into partioning and boundaries.we are three share holders.(A,B,C)

a person through the GPA of A has sold his share to extent by fraud.
also the suit( for taking possesion by buyer) has been decreed and judgement has been passed against A and B
(execution of suit is pending in court).( B is already deceased and she has two and two daughers). at the time when B was summoned,she was not alive.
so the court ask to buyer to summoned her legal hiers.
buyer only summoned to sons of B.buyer do not make party to daughters.

C is already missed since 1950.he was unmarried.buyer doesn't make him party in the suit also.

what daughters of B can do on behaf of C and theirselves in this suit,which has been reached at very painful and serious stage?

can these people dismis the decree and challange the civil execution?


Learning

 3 Replies

G.L.N. Prasad (Retired employee.)     03 September 2019

No expert can give guidance without studying facts and documents in a complicated case like yours, and always go for professional advice through local advocate and if he suggests for filing a petition for impleading the daughters also, you can get impleaded as necessary party depending on facts specific to the case.  In case of daughters, the exact year and the process of acquiring of the property by her parents is more important.

P. Venu (Advocate)     03 September 2019

The facts, as posted, lacks clarity. Please post simple facts.

Jackson Hughes   25 November 2020

In this article challenge, civil execution means if two parties are doing mischievous between businesses. What steps should be taken on behalf of the agreement zip job review do you have any idea about these type of agreement share your suggestions with me.


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