Enforcement of a Decree After the Decree Holder''''s Death

If a decree holder dies, their legal representative can enforce the decree in the following ways:

1. Original Application for Execution:

• The legal representative can file an original application to enforce the decree against the deceased''''s legal representative. Venkatachalam Chetti VS Ramaswami Servai dead - Madras
• This application must be made to the court that passed the original decree. MINOR SMT. SHANTI DEVI VS KHANDUBALA DASI - Calcutta
• The legal representative will be liable only to the extent of the property of the deceased that has come into their hands and has not been disposed of. MINOR SMT. SHANTI DEVI VS KHANDUBALA DASI - CalcuttaRAJAMMA VS GANGAMBIKE - Karnataka
• The court may require the legal representative to produce accounts to determine their liability. MINOR SMT. SHANTI DEVI VS KHANDUBALA DASI - Calcutta

2. Continuing an Existing Execution Proceeding:

• The legal representative can obtain leave to continue an execution proceeding that was already begun by the deceased decree holder. Venkatachalam Chetti VS Ramaswami Servai dead - Madras
• This is done by substituting the legal representative in place of the deceased. MINOR SMT. SHANTI DEVI VS KHANDUBALA DASI - Calcutta
• The legal representative must follow the procedure outlined in Section 50 and Order 21, Rules 22 and 23 of the Code of Civil Procedure. MINOR SMT. SHANTI DEVI VS KHANDUBALA DASI - Calcutta

3. Specific Considerations:

• A decree for injunction can be enforced by the legal heirs of the deceased plaintiff against the judgment-debtor. D SOUZA J. VS A. JOSEPH - Karnataka
• A decree against the legal representative of a deceased person can be executed against any property of the deceased, as long as the decree-holder can prove it belongs to the deceased. Mir Mohiuddin Alikhan VS Sayeedunnissa Begum - Andhra Pradesh
• The legal representative of a deceased decree-holder can execute the decree only if there is a transfer of interest of the decree to the legal representative either by any assignment or by operation of law in writing. Kaushik Ghosh VS Reba Das - Calcutta
• For enforcing personal reliefs granted under the decree, a succession certificate authorizing the legal representatives of the original decree-holder is necessary. Narayana Pillai Narayana Pillai VS Eravi Narayana Panicker - Kerala
• A succession certificate is not necessary for the surviving decree holder to execute a decree on their own behalf and on behalf of the legal representative of the deceased decree holder if the decree involves debt as contemplated under Section 214(1)(b) of the Succession Act. M. Baburaj, S/o. Late T. V. Leelamma VS State Of Kerala - Kerala
• Section 214 of the Indian Succession Act does not apply to decrees for enforcement of mortgage rights, as they are not decrees for debt. A. Ramaswamy VS K. Venkamma - Andhra Pradesh

Key Findings:

• The legal representative of a deceased decree holder can enforce the decree by either filing an original application or continuing an existing execution proceeding.
• The legal representative''''s liability is limited to the property of the deceased that has come into their hands and has not been disposed of.
• Specific considerations apply to different types of decrees, such as injunctions and mortgage decrees.
• A succession certificate may be required in certain circumstances.

Recommendations:

• The lawyer should advise the client''''s legal representative on the appropriate method of enforcing the decree based on the specific facts of the case.
• The lawyer should ensure that the legal representative has the necessary documentation, such as a succession certificate, to proceed with the enforcement.
• The lawyer should be aware of the limitations on the legal representative''''s liability and ensure that the enforcement is limited to the deceased''''s property.