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sachin kumar   15 March 2021

Sec 18

what does 'representative character's mean ?


Learning

 4 Replies

Ishaan   16 March 2021

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. Sec. 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.

The court observed in the case of Custodian of Branches of BANCO National Ultramarino 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’.

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Sunidhi Singh   23 March 2021

Under Section 18 of the Indian Evidence Act provides for admissions by party to proceedings or the agent. So, when an agent makes a statement under express or implied authorization by the person whom he/she represents, such a statement would be considered an admission. 

This Section also deals with admissions made by a 'suitor in representative character'. So, this Section provides for two kinds of characters:

1. Party having any kind of pecuniary or proprietary interest in the subject matter of the proceedings.

2. Person from whom the interest in the subject matter has been derived.

When such parties or persons make any statements during the continuance of their interest i.e. in the above mentioned characters, their statements would be considered admissions.

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Shreya Taneja   24 June 2021

The word Legal Representative is defined in Section 2 (11) of the Code:

When a party sues or is sued in a representative capacity, the person on whom the estate devolves upon the death of the party thus suing or sued is referred to as a "Legal Representative."

Legal representative, in general, refers to when a person who is the subject of a legal procedure dies in the course of it. In that situation, his legal representative represents him in court, but only to the degree that he is responsible or to the extent that the property has come into his possession.

In Shyam Rao Metre and others against United India Insurance Co Ltd [M.A.C.M.A. No. 2420 for the year 2012], the court was of the view that according to the definition in section 2(11) of the law, a legal representative can only be a person who is dependent on the deceased. A legal representative can be anyone who was related to the deceased.

apexdevelop   09 February 2022

Together with their mate (wedded in local area of property); where an organization is 100 percent claimed by a singular resident of Botswana or mutually with their life partner (in local area of property), moves the steadfast property to that individual or their mate; where an exchange  real estate botswana includes gifts of undaunted property to qualified recipients as accommodated under the Income Tax Act.


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