Legal Representative in CPC|| Sec. 2(11) || CPC ||
Legal Representative CPC || Sec. 2(11) || CPC ||
In this article, we will discuss Legal Representatives in under CPC in detail.
Legal Representative in CPC|| Sec. 2(11) || CPC ||
Legal representative is a person in law who represents the estate of the deceased and includes any person who intermeddles with the estate of the deceased and where a party sues or sued in representative character, the person on whom the estate devolves on the death of the party so suing or sued. S. 2(11) of CPC.
In other sense, a person who stands in the place of, and represents the interests of another is called legal representative. A person who supervises the legal affairs of another. Like executor or administrator of an estate and a court appointed guardian of a minor or incompetent person.
Scope of the expression legal representative:-
The court observed in the case of Custodian of Branches of BANCO NationalUltramarino V. Nalini Bai Naique [1989] 2SCR 810that the definition contained in Section 2(11) CPC is inclusive in character and its scope is wide, it is not legally limited to legal heirs only. Instead, it stipulates that a person, who may or may not be legal heir competent to inherit the deceased’s property, can represent the estate of the deceased person. It includes heirs moreover as persons who represent the estate even without title either as executors or administrators in possession of the deceased’s estate. All such persons would be lined by the expression of ‘Legal Representative’.
The Supreme Court held in the case of Andhra Bank Ltd vs. R. Srinivasan and others,1962, 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, thus, a legal representative under S. 2 (11) CPC.
Who is not legal representative?