I am declared class 2 legal heir along with my defendant in the declaration case that I filed. We both became owners of the immovable property that the court gave us mutually. My defendant died. Four years have passed since the death of my defendant. I could not manage to register the ownership of the house in our names. Now when I went to the Tehsildar's office to get our joint registry, they asked me to get my decree and judgement for being declared a class 2 legal heirs validated as it was passed in the year 2022 and now we are in the year 2025. The children of my deceased defendant have not filed any proof of being the legal heirs of my deceased defendant in the court so far. Do I have to file an execution case? And if so, do I have to make the children of my deceased defendant a party to my execution case? The Tehsildar is telling me that I simply tell my advocate to file an application in the court and tell the judge to validate my class 2 legal heir decree. Can the children of my deceased defendant still file an application as an outsider in my execution case just in case I file it?

In this scenario, since you have been declared a Class 2 legal heir along with the now deceased defendant in a declaration case, and both of you became owners of the immovable property granted by the court, you have certain rights as a legal heir.

Given that the defendant has passed away and you have not registered the ownership of the property in your names, it would be prudent to take steps to protect your rights to the property.

To address the situation, you may need to file an execution case to have the decree and judgment declaring you as a Class 2 legal heir validated by the court. This is to ensure that your ownership rights are legally recognized and enforceable.

Since the children of the deceased defendant have not filed any proof of their status as legal heirs in the court so far, it may not be necessary to make them a party to your execution case unless they challenge your rights in the future.

It is advisable to follow the suggestion of the Tehsildar and have your advocate file an application in the court to validate your legal heir decree. This can help in formalizing your rights to the property and enable you to proceed with registering the ownership jointly.

If the children of the deceased defendant attempt to intervene or challenge your rights at a later stage, they may potentially file an application as outsiders in the execution case. However, since they have not done so yet, the focus should be on getting the court to validate your legal heir decree.

It is recommended to consult with your advocate who can guide you through the legal process and ensure that your rights as a legal heir are protected and enforced effectively.