Legal Representative (LR) under Code of Civil Procedure—
Relevant provisions:
Sections 2(11)/ 50/ 52/ 53.
Section 2(11) defines LR.[1]
LR means—
- a person who in law represents the estate of a deceased person, i.e. an executor appointed under will or an administrator who obtains letter of administration.
- a person who intermeddles with the estate of the deceased, i.e. a person having no legal title in himself begins to interfere with the estate of the deceased.
- a person who sues or is sued in a representative capacity.
LR & Forma-Pauperis—
The right to sue in forma-pauperis is a personal right. Therefore, in case of death of a pauper applicant such right does not survive to his legal representative. Thus, the LR may present a fresh application for leave to sue in forma-pauperis.
Following persons are held to be LR—Executors, administrators, reversioners, Hindu coparcener, residuary legatee, and persons in de facto possession of the entire estate of the deceased.
Liability of LR towards JDs—Section 50—
- Where a judgment-debtor dies before the decree has been fully satisfied, the decree-holder may apply to the Court which passed it to execute the same against the legal representative of the deceased judgment-debtor.(UPJ-2003)
- Where the decree is executed against such legal representative, his liability shall be only to the extent of the property of the deceased received by him and has not been duly disposed of. Further, for the purpose of ascertaining such liability, the executing court may, of its own motion or on the application of the decree-holder, compel such legal representative to produce such accounts as it thinks fit.
Enforcement of Decree against LR—
Section 52 provides that where a decree is passed against legal representative for the payment of money out of the property of the deceased, it may be executed by the attachment and sale of any such property.
Liability of Ancestral Property—
Section 53 provides that where judgment-debtor is a legal representative of the deceased, the property of the deceased shall be subject to the liability fixed in a decree.
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[1] . Who is a LR? Give examples of LR.(UPJ-1992). Discuss the provisions regarding liability of LR (Sections 50 and 53) and the enforcement of decree against LR(Section 52).
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