Legal Question in Civil Litigation in India
I am the eldest member of a family of 10 members.The parents have expired years back.The earlier Hindu joint family withered having the members found their own living, except myself staying in the household with my wife,daughter and son.My father who expired in 1986 did not execute a Will for his self earned property.The dying in intestate situation necessitated equal share of the property*16 cents of land and 4 houses therein) between my mother(late too). She died in 2005, and it was upon her expiring that it came to our attention that she had debts amounting to 12 lakhs for which the aforesaid entire property was attached as the encumbrance certificate reflects.The debtor in question had also acquired an attachment before judgment from a court here.Later ,( Back in 2005 itself) myself put an affidavit for obstruction and expressed disagreement over putting the entire jointly owned property in auction in favor of the debtor. The party referred to is awaiting an order of execution of his obtained decree.Will the case be decided in his favor and the jointly owned property be put to auction? While the case is prolonging what necessary steps are to be initiated in order that my share of the property is unaffected and protected.All relevant documents as to my legal right over the claim og the property has been submitted to court.What would happen to the JUDGMENT that the other party has won?
2 Answers from Attorneys
You must have been made a party in the suit filed by the creditor as your mother died. You have filed your objection, you say by that I suppose you have objected at the Execution Stage only.
You can challenge the judgment and decree by way of an appeal if you are brought on record as a party.
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