CPC Section 52: Enforcement of decree against legal representative
Code of Civil Procedure, 1908 · Part 2: Execution
52. 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.
Official reference: Government reference hosted by Andhra Pradesh High Court — checked: 1 October 2026.Banaka editorial consolidation of the general central text, with the 2025 postal-service amendments applied. Not an official or certified edition. State/High Court variations, commercial-dispute modifications and prescribed Appendix forms are not consolidated here; consult the source and applicable court rules. Hindi learning guides are original explanations, not a statutory translation.Read the original schedule and amendment notes
This text is for reference, not legal advice. Consult the official source for the authoritative text.
Other sections in this chapter
- 36. Application to orders
- 37. Definition of Court which passed a decree
- 38. Court by which decree may be executed
- 39. Transfer of decree
- 40. Transfer of decree to Court in another State
- 41. Result of execution proceedings to be certified
- 42. Powers of Court in executing transferred decree
- 43. Execution of decrees passed by Civil Courts in places to which this Code does not extend
- 44. Execution of decrees passed by Revenue Courts in places to which this Code does not extend
- 44A. Execution of decrees passed by Courts in reciprocating territory
- 45. Execution of decrees outside India
- 46. Precepts
- 47. Questions to be determined by the Court executing decree
- 48. [Repealed.]
- 49. Transferee
- 50. Legal representative
- 51. Powers of Court to enforce execution
- 53. Liability of ancestral property
- 54. Partition of estate or separation of share
- 55. Arrest and detention
- 56. Prohibition of arrest or detention of women in execution of decree for money
- 57. Subsistence-allowance
- 58. Detention and release
- 59. Release on ground of illness
- 60. Property liable to attachment and sale in execution of decree
- 61. Partial exemption of agricultural produce
- 62. Seizure of property in dwelling house
- 63. Property attached in execution of decrees of several Courts
- 64. Private alienation of property after attachment to be void
- 65. Purchaser’s title
- 66. [Repealed.]
- 67. Power for State Government to make rules as to sales of land in execution of decrees for payment
- 68. [Repealed.]
- 69. [Repealed.]
- 70. [Repealed.]
- 71. [Repealed.]
- 72. [Repealed.]
- 73. Proceeds of execution-sale to be rateably distributed among decree-holders
- 74. Resistance to execution