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Transfer of Decree in Law

Transfer of Decree, How Execute, Challenged, Cancelled, Appealed

Transfer of Decree in Law, if any Court which passed the decree considers for any other reason, which it shall record in writing, that the decree should be executed by such other Court. (2) The Court which passed a decree may of its own motion send it for execution to any Subordinate Court of competent jurisdiction.

How do I get a Court Decree?

As I understand a preliminary decree is passed in your case in respect of 1/2 share in the suit property in your favour. 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.

How Decree is Executed?

Execution is the enforcement of a decree by a judicial process which enables the decree-holder to realise the fruits of the decree passed by the competent Court in his favour. All proceedings in Execution commence with the filing of an application for execution.

Can Decree be Challenged?

Validity of a decree passed on a compromise cannot be challenged in a separate suit. Aggrieved with the decree of the trial Court, the respondent moved to the High Court which set aside the Judgment and decree of the trial Court on the basis that a compromise had taken place between the parties.

Decree of Property?

A decree of foreclosure and sale, sometimes simply called a decree of foreclosure, is a declaration made by a court indicating that a piece of property will be sold in order to cover outstanding debts. These declarations are required by law in some states in order for a lender to proceed with a foreclosure.

Can Decree be Cancelled?

A decree which has been obtained by fraud can be cancelled by the same court which has passed the decree and the application filed. The party need not to file a fresh suit.

Can a Consent Decree be Appealed?

The parties also don’t have to deal with the uncertainty of the outcome of a trial. Of course, the consent decree can’t be given unless the parties can agree. Consent Decrees are binding on both parties because they agreed to it. The decree can’t be appealed unless there was.

Final Decree Proceedings?

final decree proceeding in partition suit =The shares of the parties as determined by the trial Court in the preliminary decree had attained finality. The final decree proceedings have to be passed after duly dividing the property in to metes and bounds so as to allot them.

Limitation Period for Execution of Decree?

12 years: The maximum period of limitation for the execution of a decree or order is 12 years from the date when the decree or order became enforceable, which is usually the date of the decree.

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