This matter is from Maharashtra. Brother of plaintiff herein was Manager of a ancestral properties of Hindu Undivided Family. Suit of partition in respect of various ancestral properties filed in 2005 by daughter (plaintiff) against her brother and mother (defendants 1 & 2 respectively) for her ⅓ rd share to be separated and for actual possession. In said suit a compromise memo was filed by plaintiff and defendants wherein it was agreed that plaintiff will get her share by giving a property suitable to her and Rs. 2.00 lacs will be paid to compensate against less area (being committed area was a small plot) compare to her share. It was also agreed that all remaining properties were kept for defendants viz. Brother and Mother. As per the said Compromise the Decree was drawn and finalized by Trial Court in October 2010. Defendant No. 1 (brother) did not performed his part till 2014 and after making many follow ups he transferred one plot to plaintiff as decided in decree but did not pay the Amount Rs. 2.00 lacs and also did not entered the Defendant No. 2’s (mother) name at Office of the City Survey Records by deleting his name for or limited to the share of his mother (as already said above he was HUF on the record. Mean time mother was died after 1 year from the date of decree. Now Plaintiff has filed recently the decree for execution in Feb 2019 stating therein that Defendant No. 1 (J.D.) did not performed his duty as per decree passed by Trial Court in 2010 and therefore praying that. . . . . 1. To recover the amount which is not paid till this time. 2. To enter the name of Defendant No. 2 (mother) at Office of City Survey Record and as mother is expired therefore her name (D.H.- Plaintiff) to be added as her hair being she is daughter. J.D. Name is already on record hence to add his name do not arise hence that prayer is not made. Now the Question. In view of above two prayers, whether my darkhast is within Limitation or Not ?, If Not then what is solution to obtain relief against issues as prayed in above 1 and 2 ?.
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Article 136 of the Limitation Act, 1963, the period of limitation for the execution of any decree or order of any Civil Court other than a decree granting a mandatory injunction is 12 years.
2) your application for execution for recovery of Rs 2 lakhs is within time
thanks for replying for my 1st prayer but Awating your reply for second prayer whether that also within limitation ?
on basis of decree you can apply to revenue authorities for mutation of property in your name as legal heir
2. Please name of the dead persons can only be entered in the record if there is any court's order, so please file a mutation case to mutate legal heirs either they are dead or alive then it will come that whose name has to be mutated or not.
Respected Sir, I have already filed decree for execution just 4 days before and now i cannot approch to city servey office for adding the name, hence I asked you, whether I am also in limititation on this issue
Of course and you see your petition has been accepted by the competent court otherwise it has been rejected by the authority at first instance.
Dear Client,
Limitation for filling execution is 12 years from date of order.
And after mother death, her share will inherit in you and your brother equally. And your second prayer shall not be grant by execution court but by filling separate partition suit. No limitation to file partition suit.
Apply for legal heir certificate of your mother. than on the basis of it, mother property will mutated in you and brother name.
it would not be barred by limitation
Trial court decree is of 2010
Execution filed in 2019
Prima facie it would be barred by limitation
You also have option of filing a contempt petition for disobeying and not performing obligations on part of brother in the decree
As property stood partitioned by decree, your mother 1/3rd share will devolve on you and your brother
So along with your share as per decree, you also have a share in your mother's share
I will check the relevant provision for filing of execution application and limitation for the same and get back
The limitation period to execute the decree is 12 years from the date of decree. So you are well within limitation.
Since the decree is in your favour you are free to apply for mutation in the office of tehsildar. That would also be within limitation.
Rest, you can contact me further for any legal assistance in this issue at any time, if wishes to.
It is well within the limitation period i.e., 12 years for this purpose.
You may proceed
As far as 2nd question, the plaintiff may submit an application to this effect before the concerned authorities and get the needful done, if the authorities do not entertain then she may file a suit for mandatory injunction agaisnt the authorities concerned and seek direction to the authorities for incorporating her name in the revenue records.
The EP has nothing to with the application to be submitted before the city survey office.
You can proceed simultaneously, let the authorities object, you can initiate alternate steps subsequently
It's on limitation. You can condone the delay and admit the matter
