Guidance in Obtaining a Current Dated Court Decree
Good day. I am seeking guidance regarding court decree OS xxx/2001 issued by the Subordinate Judge Court in Erode in 2001.
This decree arranged a mutual property exchange between myself (the plaintiff) and my father (the defendant), involving two properties (A Schedule & B Schedule). I was a minor at that time, and unfortunately, my father was unable to register the decree within the stipulated period. Now, 23 years later, the decree remains unregistered, and my father passed away on January 9, 2023.
The sub-registrar’s office has informed me that I need a current dated court decree to proceed with registration. I would appreciate your advice on the following queries:
1. How can I apply for a current dated court decree?
2. Should I apply at the same Subordinate Judge Court in Erode, or should I approach a higher court, such as the Madras High Court?
3. Since the defendant is deceased, is the presence of the legal heirs necessary for this process?
4. What steps can I take if the other legal heirs refuse to cooperate in obtaining a current dated court decree, potentially to avoid registration?
Your guidance on these matters would be invaluable in helping me secure the unregistered property.
Asked 14 days ago in Property Law
Religion: Hindu