Legal - Representative ... Determination...!

Legal Representative......?

                                 

- Means a person who in law represents the estate of deceased person and include any person who inter meddle with the estate of the deceased and where a party sues or is sued in a representative character the person on whom the estate devolves on the death of the party so suing or sued.

- When question as to legal representative arises as to whether any person is or is not the legal representative of a deceased plaintiff or a deceased defendant , such question shall be determined by the court.

- If such question arises before an Appellate court , that court may before determining the question , direct any subordinate court to try the question and to return the records with evidence if any recorded at such trial its finding and reasons therefor and Appellate court may take the same into consideration in determining the question.

- Determination of legal representative is a summary procedure which is for limited purpose .

- Such determination will not confer any right to the property which is subject matter of the suit.

- Legal representative is appointed for orderly conduct of the proceeding. 

- Such determination could not take away for all times to come the rights of a rightful heir of the deceased in all matters.

- Such determination does not operate as res-judicata.

- A person who represents estate of deceased person through legal document like will...............Etc may apply for it. 

- Limitation for taking Legal representative on record 90 days.

- After above period 60 days is limitation for setting aside abatement.

- After above period Delay will start.

- No period of limitation for bringing Legal heirs on record in Execution of Degree or Order ( means Darakhast ).

- - - - - Relevant Provision - - - - -

- Section 2(11) , Order 22 Rule 5 , 12 of Civil Procedure Code 1908.

- Article 120 , 121 of The Limitation Act 1963.

 _ _ _ Relevant Judgement _ _ _ _ 

Jaladi Suguna (D) through Lrs v/s Satya Sal 

Central Trust & Ors A.I.R.2008 S.C.2866.

- Sudesh Kumar Bansal v/s Krishna Bansal AI.R.2010 S.C.344.

- Dashrath Rao Kate v/s Brij Mohan Srivastava A.I.R.2010 S.C.897.

- Varadarajan v/s Kanakavalli 2020 SAR 388.

....... please read all previous blogs, give comment , suggetion. Anybody can circulate all blogs without my consent.....