Legal Question in Family Law in India
Family Law: India..
I have filed a case for divorce and a decree for declaration of title regarding a property which was purchased by my mother in our joint name. I got the decree declaring that I am the sole owner of the property. I have filed EP for delivery of possession of the property. Execution court refused on the ground that delivery of possession cannot be effected on a declaratory decree.OK.. What should I be doing next? I wants the property to be transferred in my name.
2 Answers from Attorneys
The execution was possible if there is a decree for "possession". In fact a suit seeking a mere "declaration" of title may not be maintainable and therefore the executing court has rightly declined your request.
You may supply a certified copy of the decree to the concerned authorities for transfer of title in your name.
in case you want the possession of the house, you will have to file another suit for possession by paying the requisite court fee and there are good chances that the decree of possession be granted in your favour unless the defendant shows his adverse possession on the suit property for more than 12 years. for mutation of name, you may do as advised by Mr. Goel.
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