Yes, a creditor can attach and sell a deceased person's property to recover a legitimate debt in Delhi, but this process operates within specific legal limits designed to ensure that the deceased's legal representatives and heirs are properly protected, and that recovery is limited to the actual assets of the estate rather than extending to the personal assets of the heirs themselves. Under Section 50 of the Code of Civil Procedure, where a judgment debtor dies before a decree against them has been fully satisfied, the decree holder may apply to the executing court to have the decree executed against the legal representative of the deceased, but critically, this provision specifically limits such execution to property of the deceased that has actually come into the hands of the legal representative and has not been duly disposed of, meaning the heirs' own separate personal assets remain protected and cannot be attached to satisfy the deceased's debts beyond what they actually inherited.

If the debt was not yet reduced to a court decree at the time of the debtor's death — for instance, where the creditor had extended a loan but had not yet sued to recover it — the creditor's proper course of action is to file a fresh civil suit for recovery of the debt against the legal representatives or heirs of the deceased, who then step into the deceased's shoes for purposes of that litigation, again with liability limited to the value of the estate assets that have actually devolved upon them. Once a decree is obtained, whether against the original deceased debtor with subsequent substitution of legal representatives, or freshly against the heirs directly, the creditor can proceed to execution under Order XXI of the CPC, which includes attachment of the deceased's property under Rule 54 and eventual sale of the attached property to satisfy the outstanding debt, following the standard execution procedure applicable to any other judgment debtor.

Heirs facing such claims should be aware that they are entitled to insist that the creditor's recovery be strictly limited to the value of assets they actually inherited from the deceased, and they can raise objections during execution proceedings if a creditor attempts to attach property that either does not belong to the deceased's estate, or exceeds the value of what the specific heir actually received through inheritance. This protective limitation is an important safeguard, ensuring that inheriting a modest share of an estate does not expose an heir to potentially unlimited personal liability for debts the deceased may have accumulated during their lifetime. Because navigating creditor claims against a deceased person's estate involves careful calculation of exactly what assets devolved to which heir and in what proportion, it is genuinely important to consult our legal experts at Aapka Legal Advice, whether you are a creditor seeking recovery or an heir seeking to protect your position from an overreaching claim.

Estate-related debt recovery disputes require careful navigation of both succession law and civil execution procedure to ensure a fair and legally proper outcome for all parties involved. The Top Property Lawyers in Delhi regularly handle both creditor recovery claims and heir defence in such matters, and our panel of retired judges is available to advise on the proper limits of estate liability in complex inheritance and debt situations.

In conclusion, a creditor can indeed attach and sell a deceased person's property to recover a genuine debt in Delhi under Section 50 and Order XXI of the Code of Civil Procedure, but this recovery remains strictly limited to the actual value of the estate assets that devolved upon the legal representatives, protecting heirs from any personal liability beyond what they genuinely inherited.