Sir, you should move to the same Hon'ble Court, which passed the decree in your favour. You may file for execution of decree by making the Legal Representatives of your deceased father as defendants citing reference of the previous decree passed. This should serve your purpose. Please note that it would be an execution, so the objections of the legal heirs would not matter as it is not a trial rather an execution. Had they have any objection, they would have opposed the same during the trial back in 2001.

Good luck!

You won’t get current dated court decree as decree has been passed on 2001 

2) notice has to be issued to legal heirs 

old RECORD, MAY NOT BE AVAILABLE. Try in same court which passed the decree. 

1. As Decree of Court never expire unless there is mention a limitation period during which the Decree should be executed ,hence you cannot get the same decree on the current date.

- However, you can apply for getting certified copy of the said Decree from the same Court with present date.

2. The same Court can only issue the same. 

3. No, You can contact a local lawyer for getting the same. 

4. If you are in the said property since last 23 years , then you can be declared the legal owner on the ground of adverse possession. 

There is no concept of current decree or old decree when the case has already been decided and there is no appeal pending.

The sub registrar might have informed you that since you have not filed an execution petition within 12 years from the date of decree, he may say that the same would be barred by limitation.

However, if the sub registrar was not impleaded as a party then the decree is not binding on them,  but you can file an application before court to get the mutually agreed partition decree registered through court.

If the court is also under the opinion that the same is barred by limitation then you can file a suit for declaration to declare your title based on the decree passed in favor of your father and in that you can implead the sub registrar as a necessary party and seek direction to the sub registrar to register the property title to your name as per procedures of law. 

You can contact your own lawyer for following it up or can engage the services of a new lawyer also

1. Apply for Certified Copy: Since the decree is from 2001, a "current dated decree" isn’t possible. Request a certified copy from the original Subordinate Judge Court in Erode.

2. Execution Petition: File an execution petition in the same court to enforce the decree, citing your father’s legal heirs as parties.

3. Legal Heirs’ Cooperation: Legal heirs must be notified, but their consent isn’t required for execution.

4. If Execution is Barred: If the court considers the petition time-barred, file a suit for declaration of title based on the original decree, adding the sub-registrar as a party and requesting an order to complete the registration.

Consult a local lawyer to assist with these steps.

Dear Client,

In the Present Scenario, you seek guidance in relation to a court decree that was issued by the Subordinate Judge Court in Erode in 2001. This decree was with respect to a mutual property exchange, between you and your father, involving two properties. You were minor at that time, and your father was not able to register the decree within the stipulated time. After 23 years, now, the decree has still remained unregistered, and your father has passed away, on Jan. 9, 2023. The sub-registrar's office has informed you, that you need a current dated court decree for proceeding with the registration. Herein, with respect to applying for a current dated court decree, you will have to file a petition with the same Subordinate Judge Court at Erode, who had issued the original decree. Since the decree remained unregistered, through the filing of petition, you may seek for restoration of the court decree. Secondly, with respect to applying, you must apply to the Subordinate Judge Court in Erode, and may not be necessary to approach the Madras High Court, unless high court's intervention may be required. Thirdly, since your father has passed away, the legal heirs of your father would be involved in the process. Such heirs' consent would be necessary for a new decree or proceeding with the registration. Fourthly, if the other legal heirs fail to cooperate, you may file a suit for partition, or even apply for a certificate of succession, that would aid you in establishing the stance of your entitlement to the property.

Hope you find this answer beneficial for resolving the dispute.

Decree is always valid and there is no limitation for decree. Court will not give you fresh decree. You can register the same and pay for penalty if any in case of delayed registration 

Your query is unclear!

What was the suit about?

Who are the parties?

When you are a minor, your father would have been appointed as a natural guardian and he would have represented on your behalf.

Who is seeking registration of a decree?

G.Rajaganapathy

Advocate

High Court of Madras.