Legal Representative || Sec. 2(11) || CPC ||
Legal Representative || Sec. 2(11) || CPC ||
In this article, we will discuss the topic Legal Representative under CPC in detail.
Legal Representative:-
Legal representative is a person in law who represents the estate of the deceased and includes any person who intermeddles with the estate of 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 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 810 that 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’.
Who is not legal representative?