Legal Question in Civil Rights Law in India

Civil

A degree executed on a partnership firm having two partners who are liable to pay the degree amount. One partner has expired after 2 years of degree orders by the court.

No notice was served for the last 10 years to the legal heirs.

The suit filed was on the firm and both the partners and the notice for the recovery is being served to the legal heirs only and not to the partner who is alive. I am the legal Heir of my father do I have to pay the full amount when my father was a 60% share holder in the firm.

Can the court attach the property of the same firm if the amount is not paid. But the alive partner does not have any right in that property which is the asset of the firm the deceased was the holder with someone else in this asset of the firm. Please help ?


Asked on 9/19/07, 7:36 am

2 Answers from Attorneys

Re: Civil

The limitation for execution case is 12 years.In yourcase details are required to examined.Yes, court can attach the property of the firm and can also order to make sale of the same.However the court can direct you also to pay the decreetal amount and can also give you liberty to recover the same from other partner.However, you hav the right to challenge the execution proceeding.In case of need you may contact with details.Professional charges are applicable.

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Answered on 9/19/07, 1:46 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Civil

your case papers need to be examined

please contact personally and the limitation for execution is 12 years

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Answered on 9/20/07, 9:17 am


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