AI Overview...
- DHR Proceeds Against Deceased DHR - Main points and insights:
- Under Rule 66, notice to legal representatives of a deceased judgment-debtor is necessary for executing a decree; if only subsequent notice is given, the legal representatives cannot challenge the sale on the grounds of lack of notice (Source: MADAPPA VS LINGAPPA - Karnataka).
- The Court recognizes that movable and immovable assets can be subject to proceedings, including sale in execution of a decree, and parties entitled to share in assets or whose interests are affected can apply for such proceedings (Source: MADAPPA VS LINGAPPA - Karnataka, International Society for Krishna Consciousness VS Ishwari Prasad Singh Roy - Calcutta, TOTAPPA S/O SHANTAPPA YELAMAILI Vs THE GADAG CO-OPERATIVE COTTON - Karnataka).
- Movable assets, such as business assets or properties mortgaged, can be used to recover dues, and courts have the power to direct the production of title deeds and to order sale of mortgaged properties to recover amounts owed (Source: TOTAPPA S/O SHANTAPPA YELAMAILI Vs THE GADAG CO-OPERATIVE COTTON - Karnataka).
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In cases involving deceased persons, the principle applies to both movable and immovable assets, and legal representatives or heirs may be involved in proceedings related to assets of the deceased (Sources: Dalip Kumar Jha VS State of Punjab - Punjab and Haryana, International Society for Krishna Consciousness VS Ishwari Prasad Singh Roy - Calcutta).
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Analysis and Conclusion:
- Proceeds against a deceased DHR for movable assets are permissible provided proper legal procedures are followed, including notice to legal representatives.
- Movable assets can be attached, sold, and proceeds utilized to satisfy decrees, similar to immovable property, with courts empowered to direct production of relevant documents.
- The legal framework ensures that creditors can recover dues from both movable and immovable assets of deceased debtors, subject to procedural compliance and proper notice to heirs or legal representatives.
Search Results for "Can Dhr Proceeds against Deceased Dhr for Moveable Assets"
1986 0 Supreme(Kar) 134 • India - Karnataka
P.A.KULKARNI
So also where no notice was issued to the legal representatives of a deceased judgment-debtor under this rule but they were subsequently served with notice under Rule 66, it was held that they could not apply to set aside the court sale held subsequently on the ground of want of notice under Rule 22. ... C. reads as: - (1) Where any immovable property has been sold in execution of a decree, the decree-holder, or the purchaser, or any other person entitled to share in a rateable distribution of assets, or whose interest are affected by the sale, may apply t....
2014 0 Supreme(P&H) 1480 • India - Punjab and Haryana
M.M.S.BEDI
It has been brought to the notice of the Court that the entire assets, properties-moveable or immovable, belong to Divya Jyoti Jagriti Sansthan (Regd. ... He, as per assertion in the writ petition, at the time of his death, left moveable assets worth hundreds of crores and immoveable assets worth thousands of crores of rupees in the Public Charitable Trust ""Divya Jyoti Jagriti Sansthan"". ... The petitioner claimed that the reports came out regarding the act of siphoning of moveable #....
2019 0 Supreme(Cal) 338 • India - Calcutta
SOUMEN SEN, RAVI KRISHAN KAPUR
During her lifetime, she executed a will dated 6th April 1926, by which she bequeathed 'ka' and 'kha' Schedule property at 3 Albert Road, Kolkata in favour of Saileswar Singh Roy and Lila Mohan Singh Roy both since deceased. ... It is further alleged that after the death of their predecessor Lila Mohan Singh Roy also since deceased and his son Kamla Prasad Singh Roy became the joint owners of the land and building at the re-numbered premises no.3C, Albert Road, Kolkata. 8. ... The principle is applicable to both movable and immovable prop....
• India - High Court of Karnataka
In other words, they were basically mortgaging their business assets, which were movable properties. 67. ... The DHR wats only to take inventory. ... When any encumbrance on the property is to be discharged from out of the sale proceeds, the Court shall have like power to direct the production of title deeds by the The award also stipulated that the Society could recover the amounts due in the first instance by the sale of the properties mortgaged as described in the balance amount personally from Shantap....
