(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.
Where a judgment-debtor dies before the decree has been fully satisfied, the decree-holder may apply to the court which passed it to execute the same against the legal representative of the deceased.
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ADVERTISEMENTS:
The legal representative shall be liable only to the extent of the property of the deceased which has come to his hands and has not been duly disposed of.
Where the decree passed against a legal representative of the deceased person is for the payment of money out of the property of the deceased, it may be executed by the attachment and sale of such property.
But in regard to the property which came into the hands of the legal representative and which has not been duly applied by him although such property remains in the possession of the judgment-debtor, the decree may be executed against him as if the decree was to the extent passed against him personally.
ADVERTISEMENTS:
In order to attract the provisions of section 52, three conditions have to be complied with, viz., (1) the legal representative must have received the property of the deceased; (2) he must no longer be in possession of it; and (3) the court is satisfied that he has failed to duly apply the property which he had inherited to discharge the deceased’s debt.
A decree can be passed not only against the separate assets of the father in the hands of his sons but also against the share of the father of the joint family properties obtained by the sons by right of survivorship and the decree-holder is entitled to proceed against such properties.
