CPC Section 52 — Enforcement of decree against legal representative

Civil

Summary

If a court order requires someone to pay money from the property of a deceased person because they are that person's legal representative, the order can be enforced by taking and selling that property. If that property is no longer in the representative's possession, and they cannot prove to the court that they properly used the deceased's property that came into their hands, then the court order can be enforced against the representative personally, but only up to the value of the property they cannot account for.

Official Text

(1) Where a decree is passed against a party as the legal representative of a deceased person, and the decree is for the payment of money out of the property of the deceased, it may be executed by the attachment and sale of any such property.

(2) Where no such property remains in the possession of the judgment-debtor and he fails to satisfy the Court that he has duly applied such property of the deceased as is proved to have come into his possession, the decree may be executed against the judgment-debtor to the extent of the property in respect of which he has failed so to satisfy the Court in the same manner as if the decree had been against him personally.