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k.k.jandial (lawyer)     26 January 2010

Legal representative

hi sirs, 

What is meant by legal representative.

Is he should be a legal person like Advocate,Lawyer or Vakil., & if so should he be professionaly Qualified, if not ,then whether he can appear / plead cases on behalf of persons who authorised him, before quqssi judicial authorities like Arbitration forums against a govt. deptt.ie. whether an legaly unqualified person can act as pleader in above forums. Pl. clarify/guide, Thanking you. K.K.jandial



Learning

 2 Replies

Y V Vishweshwar Rao (Advocate )     26 January 2010

1- Legal representatives - a person legally authorised  to represent another person in legal proceedinga  before court and other authorities . A person may   authorise another person who is well acquinted with proceedings / procedures , to represent  him  before  the court . The advocates/legal practitioenrs  will be authorised by givign Vakalath/Power  and other persons may  be authorised by givign Power of Attorney to represet him  before the Court .

2- Legal  Representativie - Successors of  a person to succeed the property  and who are also entitled to continue the legal proceedigns initiated by the said  person - died/ - this  is  for the purpose of bringing  the legal representatives on record after the death of a parties to the legal  proceedigns !

 

1 Like

Nirali Nayak   26 June 2021

Hello sir, greetings of the day.
As per your query, a legal representative is any person who has a legal status and 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 and as well the person on whom the estate devolves on the death of the party so suing or sued. This is defined under Section 2(11) of CPC. It can be any person who stands in the place of, and represents their action. Broadly speaking, it is any person who supervises the legal affairs of another. 
In Custodian of Branches of BANCO NationalUltramarino vs. Nalini Bai Naique, 1928, the court observed that, the definition contained in Section 2(11) of CPC is inclusive in character and it has very wide scope. 
He can be an advocate, lawyer or vakil, and thus professionally qualified. Even quasi judicial authorities like an arbitrator can act as a legal representative.
Hope this information is useful.  
Regards
Nirali Nayak
Law Student


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