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Legal Representative

Legal Representative

Section 2 (11) of Code of Civil Procedure defines legal representative to mean a person who in law represents the estate of the deceased person and includes:

(a) Any person who intermeddles with the estate of the deceased, and

(b) Where a party sues or is sued in a representative character, the person on whom the estate devolves on the death of the person so suing or sued.

The examples of legal representatives are- executors, administrators, reversioners, Hindu coparceners, residuary legatees, etc. But a trespasser is not a legal representative as he does not intermeddle with the intention of representing the estate of the deceased. Similarly, a succeeding trustee, official assignee or receiver is not a legal representative. Such legal representatives can be made a party to the suit on the death of either plaintiff of defendant  Order 22 Rule 3 and Rule 4 of C.P.C.

Furthermore, where the judgment debtor dies before decree is satisfied, the holder of decree may apply to the court passing the decree to execute the same against legal representative of the deceased to the extent of his share in the property of the deceased. [Section 50 C.P.C.]

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