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Section 52 of The Code of Civil Procedure, 1908

Enforcement of decree against legal representative.

(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.

Summary

This section explains how to collect a debt when a judgment was specifically passed against someone acting as an heir or executor.
The decree should be paid out of the property that belonged to the deceased person.
If the heir no longer has that property, they must prove to the court that they used it all correctly to pay other legitimate costs.
If the heir cannot prove they handled the property correctly, they become personally liable for the debt.
The amount the heir pays personally is limited to the value of the deceased's property they failed to account for.
This section prevents heirs from wasting or hiding an estate to avoid paying the deceased person's creditors.

Practical examples

1A creditor has a judgment for 1 lakh against Vikram as the heir of his late uncle. Vikram inherited land worth 2 lakhs but sold it and spent the money on a private party. Under Section 52, the creditor can now take 1 lakh from Vikram's personal savings.

2Sarah inherits her mother's jewelry but hides it from the court knowing her mother owed money to a local shop. Because she cannot account for the jewelry, the court allows the shop owner to attach Sarah's own car under Section 52.

FAQ

1. How is a decree against an heir enforced under Section 52 of The Code of Civil Procedure, 1908?

Under Section 52 of the Code of Civil Procedure, 1908, the decree is primarily enforced by attaching and selling the property that belonged to the deceased person.

2. When does an heir become personally liable under Section 52 of The Code of Civil Procedure, 1908?

An heir becomes personally liable under Section 52 of the Code of Civil Procedure, 1908, if they fail to satisfy the court that they properly applied the deceased's property that came into their possession.

3. What is the limit of personal liability in Section 52 of The Code of Civil Procedure, 1908?

Under Section 52 of the Code of Civil Procedure, 1908, the heir is only personally liable up to the value of the deceased's property they received but cannot properly account for.

4. Does Section 52 of The Code of Civil Procedure, 1908, apply if the debtor died after the case ended?

No, Section 52 of the Code of Civil Procedure, 1908, specifically handles cases where the decree was originally passed against the person as a legal representative.

Test yourself

1.According to Section 52 of The Code of Civil Procedure, 1908, a decree against a legal representative is primarily executed against:

2.What trigger allows execution against an heir's personal assets under Section 52 of The Code of Civil Procedure, 1908?

3.Under Section 52 of The Code of Civil Procedure, 1908, if an heir is held personally liable, the decree is executed as if it had been:

4.Comparing Sections 50 and 52 of The Code of Civil Procedure, 1908, what is unique about Section 52?

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