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Arka Foundation ( A D R)     01 November 2010

what is the procedure for execution petetion/suit

Dear All,  

 

A cooperative society failed to execute conveyance of flat in favour X (which ought  have been done).  As a result, X went for arbitration and brought into being an order in his favour(to execute conveyance).  But the said society without complying with the order dragged the matter. While matter stood thus, X who was a very senior citizen expired. However, he had left a registered will in favour of Y who was his son. Now that an execution suit is necessary  can execution of the arbitration order be filed in a court in favour  of Y(by attaching the copy of will). Or, will there be any legal impediments due to demise of X which might result in denial of conveyance in favour of Y. Can the said society argue and deny the conveyance of the proptery by taking stand that by due to the demise of X, the said arbitration order stood null and void.

Also kindly advice if any probate is neessary for validatin of will(Place of Will Registeration is Hyd)



Learning

 6 Replies

adv. rajeev ( rajoo ) (practicing advocate)     01 November 2010

When there is an order the legal heirs of the deceased can file a exeuction petition against the society.  For this you have to refer the state soceity act.

niranjan (civil practice)     01 November 2010

All legal heirs may jointly file execution petition. If other heirs object to the will,in that case probate may be necessary.

G. ARAVINTHAN (Legal Consultant / Solicitor)     02 November 2010

you need to file an application to accept the causes title 

Isaac Gabriel (Advocate)     02 November 2010

The Execution petition need to be filed with competent authority prescribed in the Coop.Scocieties Act with the decree awarded by the Arbitrator along with the legal heir certificate, the will and the no objection certificate from the other legal heirs. Since the coop. Society is functioning under the Administrative control of the authroities in the Coop. Department, you may not have any difficulty in execution.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     03 November 2010

Archana foundation,

Where the holderof a decree desires to execute it, he shall apply to the court, which passed the decree or to the officer ( if any) appointed in this behalf, or if the decree has been sent under the provisions herein before contained to another court hen to such court or to the proper officer thereof. Rule 10 of Order XXI


(Guest)

1st you have to implead the legal heirs in decree or arbitration award by suitably amending the decree or award.

Then file the execution petition along with amended decree or award

Then proceed further as per the terms of decree or award.


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