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Criminal Procedure Code QUESTION #9529
Question 1
A decree for possession of land is passed in favour of A. A dies before execution. A's son S, who is a Hindu undivided family co-parcener, seeks execution. B the judgment-debtor argues S must obtain probate or letters of administration before being recognised as A's representative. Is B's contention correct?
  • No; S can only execute the decree if he obtains a succession certificate
  • Yes; S must first obtain probate
  • Yes; execution requires a court certificate of inheritance
  • No; in the absence of a specific requirement, S can apply to the executing Court to be recognised as the legal representative of A under Section 50 CPC; the executing Court has jurisdiction to determine who constitutes the legal representative without requiring formal probate in every case✔️
Correct Answer Explanation
Section 50 CPC allows the executing Court to permit execution against the legal representative of a deceased decree-holder. 'Legal representative' is defined broadly under Section 2(11) to include any person who in law represents the estate. The executing Court can determine the question of legal representation without insisting on formal probate in every case.