Legal Representative in Cpc Order
A legatee of the will who intends to represent the estate of the deceased testator by interfering with the testator`s estate will be a legal representative, Jaladi Suguna v. Satya Sai Central Trust, (2008) 8 SCC 521. A testamentary legatee may be a legal representative. (ii) Any action that might have been brought against the deceased if he or she had been alive could be brought against the legal representative; The scope of liability is limited to property that the holder of the judgment has placed at the disposal of the legal representative and that has not been properly disposed of. The definition of legal representative is found in Article 2 § 11 of the 1908 Code of Civil Procedure, which provides that a legal representative is „any person who has been given the power to act responsibly for the deceased and to act as a representative in matters of succession”. (iv) The testator`s legal representative shall be treated as an appraiser in accordance with Article 159 (3). As mentioned earlier, who is a legal representative on the CPC? There is, of course, a question that arises after this answer, who can be a legal representative? Most of the answers are similar to those above. A foreigner who owns the deceased`s property may also act as the legal representative of the deceased and be sued in these cases. This is a common phenomenon in which the holder of the judgment dies, which can be problematic for the holder of the decree to allow him to receive his compensation.
It may be during the duration of the dispute between the judicial debtor and the holder of the decree or after the death of the holder of the judgment, compensation must be obtained by the legal representative of the judicial debtor by enforcing the judgment against the legal representative. The law contributes to justice by explicitly stating in the 1908 Code of Civil Procedure that the legal representatives of the deceased are held liable on his behalf for the execution of the decree. If the debtor dies before the judgment has been enforced, the judgment may be enforced against the legal representatives. Section 50 is not limited to a particular type of order-in-council. Injunctions may also be enforced against the legal representatives of the deceased judgement debtor. The maxim „actio personalis moritur persona” is limited to certain groups of cases, as the Court held in Girijanandini Devi v Bijendra Narain Choudhary (loc. cit.), and if the contested right is hereditary, the decree would not normally relax and could be applied by the LRs. of the holder of the decree and against the debtor of the judgment or his legal representatives. It would be contrary to public policy to ask the holder of the decree to bring a new action against the legal representatives of the judicial debtor if the reason and the order persist.
A testamentary legatee who intends to represent the interests of the deceased testator`s estate is a „legal representative”, Suresh Kumar Bansal v. Krishna Bansal, (2010) 2 SCC 162: (2010) 1 SCC (Civ) 365. Legal heirs and legal representatives are a very important part of the Indian legal system. Under the laws of filiation and distribution, a legal heir acquires an interest or ownership of a beneficence, from a deceased ancestor without inheritance. An heir was a person legally designated to inherit the estate of an ancestor if he or she died without a will under common law. In the event that the holder of the judgment cannot execute the decree himself, the legal representative within the meaning of Article 50 of the Code of Civil Procedure of 1908 is obliged to act as his legal representative and to carry out the instructions of the courts of execution, which may be either Judge Woodroffe, after determining that the expression „legal representative” was generally limited to both the heir and the executor and administrator, At page 856, it states: In K. Umma v. T.K. Karappan AIR 1989 Ker 133, the Kerala High Court held that if an injunction is obtained against a single debtor preventing him from preventing the plaintiff from erecting a fence at the boundary of his property, the decree may be enforced against the legal representatives of the judgement debtor.
when he dies. The issuance of the execution of the permanent disposition decree must be maintained against the legal heirs of the deceased, as mentioned in Article 50, is also mentioned by the Supreme Court in the recent case Prabhakara Adiga v. Gowri 2017 SCC Online SC 153. `1. If a debtor dies before the judgment has been fully satisfied, the holder of the judgment may, before the court: which it has issued, request that it be enforced against the legal representative of the deceased. The scope of section 52 is somewhat similar to that of the section. The only difference sought is that the party and the legal representative are enforced in the course of the proceedings under article 50 and article 52 deals with the enforcement of the order against the legal representative after the death of the debtor. Therefore, it is mandatory to bring in the legal representative of the judicial debtor in the event of death and during the continuation of the proceedings. The burden of proof is different in both cases, in the first case, the burden of proof that the legal heirs must pay on behalf of the deceased, and in the second case, it is for the legal representative to prove that there was no succession that was to be given to the creditor and that the testator has no transfer in connection with such a transaction. The holder of the decree must ensure that the legal representative has acquired the deceased`s property sufficiently to pay his discharge, and only then can he take action against this person.