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Procedure to get execution of court decree done
20-Jul-2023 (In Civil Law)
I have recently won a case. I which court has declared the share 1/2 in a joint ancestor lands. However I don't think the opposition will partition and give my share by mutual understanding. Can you let me know, how can I take my part from Joint property?
You can file an execution petition in the civil court in order to get the decree executed. Since the decree has been passed in your favour, you have to get this decree executed with the help of the Court.
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Adv. Kumar Karan
Patna | 200+ Answers
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In order to execute the decree passed by a court, one has to file an execution decree either in the court which has passed the decree or where the property is situated. It would be beneficial that you file an execution decree in any of the above mentioned courts.
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Adv. Manini Jaiswal
Patna | 25+ Answers
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As I understand a preliminary decree is passed in your case in respect of 1/2 share in the suit property in your favour. You have to start a final decree proceeding before the court by which the preliminary decree is passed. In that proceeding the civil court will appoint a survey knowing advocate commissioner who will carved out your said 1/2 share from the entire joint family property.
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Adv. Dilip Kumar
Muzaffarpur | 25+ Answers
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