My father had filed a suit for damages against a Company in 2006, my father was successful in the suit in October 2008 by getting a decree against the defendant, the defendant had moved a petition in the same court 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 petition filed by the defendant for restoration of suit my father passed away on 31st December 2009, subsequently I approached my father’s 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 the petition for restoration of suit filed by the defendant has been dismissed on November 3rd, 2010 and reaffirming the decree passed earlier. 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 by declaring me and my sibling’s as Legal heirs of my father. Please Advise.
