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M. L. SONEJI (Secretary)     18 February 2014

Limitation for executing decree

In relation to decree, there are two points needing proper clarifications:

 

1.   Within how much time from the date of the decree, it has to be executed.  If it is not executed even for 3 years, does that decree lapse or what happens then?

 

2.   The person who brought the decree for specific performance for landed property but such person dies before the decree is given by the Court, then whether the legal heirs of such person in whose favour the decree stands can get the decree executed.

 

3.   The property is located in Borivali at Mumbai.

 

Shall be obliged to have clear legal position/clarification from the judgements.

 

Thanks.



Learning

 5 Replies

ashok kumar (Social Worker)     18 February 2014

1. 12 years

2.YES

3.Does not make a difference. The provisions of the CPC & the Limitation Act are applicable in the same manner all over India

M. L. SONEJI (Secretary)     18 February 2014

thanks for clarifications to the point.  Law of limitations prescribed 3 years.  In such situation, how come there is 12 years.  Which is applicable law governing such period of 12 years?  Shall be obliged to have such guidance.

 

thanks.

ashok kumar (Social Worker)     18 February 2014

It is 12 years only

U let me know what is exactly the decree about then I will explain you

M. L. SONEJI (Secretary)     18 February 2014

it relates to specific performance concerning the land located in Mumbai.

 

thanks.

M. L. SONEJI (Secretary)     21 February 2014

Shall appreciate if u could kindly explain how 12 years arrived at, where the provision lies and which is the relevant law/rule.

thanks.


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