The decree of sale of immovable property is awarded for enforcing mortgage deeds, charges, or for recovery of money or any other kind of encumbrances as deemed fit by the court. The person in whose favor decree is awarded is called the ‘Decree Holder’, (DH), and the one incumbent to satisfy it is the ‘Judgment Debtor’ (JD). The decree of sale comes into being upon adjudication by any court exercising original jurisdiction, and the same can be applied for execution after the prescribed period of appeal, provided it is not preferred by the JD.

The following is a generalized step-by-step procedure that may be involved in executing a decree for the sale of immovable property-

  1. Obtain Certified Copies of the Decree:
    • Once the court grants a decree for the sale of the immovable property, the decree-holder (usually the judgment creditor) should obtain certified copies of the decree from the court.
  2. Evaluate the Terms of the Decree:
    • Review the terms and conditions specified in the decree, including the amount to be recovered, the mode of sale, and any other specific instructions.
  3. Issue Notice of Sale:
    • The court or the decree-holder may need to issue a public notice announcing the sale of the immovable property. The notice typically includes details such as the description of the property, the date, time, and place of the sale, and other relevant terms.
  4. Conduct Auction:
    • Depending on the terms of the decree, the immovable property may be auctioned publicly. The auction may be conducted by the court or a court-appointed officer. Bidders can participate, and the highest bidder typically wins the auction.
  5. Confirmation of Sale:
    • After the auction, the court may review the proceedings to ensure that they were conducted fairly and by the law. If satisfied, the court issues an order confirming the sale.
  6. Execution of Sale Deed:
    • A sale deed is prepared to transfer the ownership of the immovable property from the judgment debtor (seller) to the successful bidder (buyer). Both parties, along with witnesses, sign the sale deed.
  7. Registration of Sale Deed:
    • The sale deed must be registered with the relevant land registry or authority. This step is crucial for legal recognition of the property transfer.
  8. Delivery of Possession:
    • The judgment debtor is usually required to deliver possession of the property to the buyer. If the property is occupied, the court may issue orders for eviction.
  9. Distribution of Sale Proceeds:
    • If there are multiple creditors holding decrees against the judgment debtor, the court may determine the priority of claims and distribute the sale proceeds accordingly.
  10. Issuance of Sale Certificate:
    • After completing all formalities, the court may issue a sale certificate to the buyer. This document serves as evidence of the sale and may be required for updating property records.

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