Define the term Legal Representative

Question: Define the term Legal Representative.

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Answer

Legal Representative

According to Section 2(11) of CPC, 1908, “legal representative” means a person who in law represents the estate of a deceased person, and includes any person who intermeddles with the estate of the deceased and where a party sues or is sued in a representative character the person on whom the estate devolves on the death of the party so suing or sued.

In BANCO National Ultramarino v. Nalini Bai Naique, 1989 AIR 1589, the court stated that the expression “legal representative” is very wide and inclusive in character, its scope is very wide and, thus, over and above a person who in law represents the estate of a deceased, it includes a person who intermeddles with the estate of a deceased and also a person on whom the estate devolves on the death of the party suing or sued, where a party sues or is sued in a representative character.

In the case of Andhra Bank Ltd v. R. Srinivasan and others, 1962 AIR 232, The Supreme court held that the legal representative is a “Person representing the estate of the deceased” in law, that the estate does not mean the entire estate, and that even a legatee who obtains only part of the estate of the deceased under a will can be said to represent the estate of the deceased and is, therefore, a legal representative under S. 2 (11) CPC ".

In the case of Dhool Chand v. Ganpat Lal and another, AIR 1957 Raj 283, the Rajasthan high court held that, in order to determine whether or not a person is a legal representative, it is not necessary to inquire immediately whether or not the deceased person has left any estate and to what extent. It may be the subject of a subsequent investigation to determine the extent of the legal representative’s liability.

In law, an individual, who is the heir of a deceased, represents the estate of a deceased, except in certain special cases, someone other than the heir may represent a deceased person’s estate, such as an administrator or executor. The sons of the deceased judgment debtor would, therefore, be his legal representatives, irrespective of whether or not the deceased left any estate.

A person in possession of a person’s estate which intermingles with a deceased’s estate is a legal representative even if they are not the deceased ‘s legal heirs. It is clear from S.2 (11) that the definition of the word “legal representative” is broad and comprehensive and covers two separate categories. Firstly, heirs or persons; who by statute hold the deceased’s wealth. At the same time, however, with them and in the class itself, there is every person who intertwines with the estate of the deceased. Such a person is also a legal representative.

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