Legal representative
Also called: LR, Legal heir (loosely)
A person who in law represents the estate of a deceased person, including anyone who intermeddles with the estate (Section 2(11) of the CPC). He is liable only to the extent of the estate that reaches him.
Explained
Section 2(11) of the CPC defines a legal representative as a person who in law represents the estate of a deceased person. It includes any person who intermeddles 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. Section 2(1)(g) of the Arbitration and Conciliation Act, 1996 uses almost the same words, and the Patents and Designs Acts use the shorter first limb only.
The term is wider than heir. It covers executors and administrators, who under Section 211 of the Indian Succession Act, 1925 are legal representatives for all purposes, the heirs who take the estate, and an intermeddler who takes charge of the estate without any title. The test is representation of the estate, not blood relationship.
In a pending suit, Order XXII governs. If a party dies and the right to sue survives, Rules 3 and 4 require the Court, on application, to bring the legal representative on record; if no application is made within the time limited by law, the suit abates against the deceased. The settled period is ninety days from death under Article 120 of the Limitation Act, 1963. Rule 4A allows the Court to proceed where there is no legal representative, and Rule 5 lets the Court decide who the legal representative is. In execution, Section 50 allows a decree to be executed against the legal representative of a deceased judgment-debtor, but he is liable only to the extent of the deceased's property that has come to his hands and has not been duly disposed of.
The Limitation Act also uses the term. Under Section 6(3), where a disability continues up to a person's death, his legal representative may sue within the same period after death. Under Section 16(1), where the right to sue accrues on or after the death of the person entitled, time runs from when there is a legal representative capable of suing. Examiners test the intermeddler limb, the limited liability under Section 50 and the rules on abatement.
What the law says
(11) “legal representative” means a person who in law represents the estate of a deceased person, and includes any person who intermeddles 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;
Clause (11) defines legal representative
(1) Where a judgment-debtor dies before the decree has been fully satisfied, the holder of the decree may apply to the Court which passed it to execute the same against the legal representative of the deceased.
(2) Where the decree is executed against such legal representative, he shall be liable only to the extent of the property of the deceased which has come to his hands and has not been duly disposed of; and, for the purpose of ascertaining such liability, the Court executing the decree 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.
Execution against a legal representative and limit of his liability
(1) Where one of two or more plaintiffs dies and the right to sue does not survive to the surviving plaintiff or plaintiffs alone, or a sole plaintiff or sole surviving plaintiff dies and the right to the sue survives, the Court, on an application made in that behalf, shall cause the legal representative of the deceased plaintiff to be made a party and shall proceed with the suit.
(2) Where within the time limited by law no application is made under sub-rule (1), the suit shall abate so far as the deceased plaintiff is concerned, and, on the application of the defendant, the Court may award to him the costs which he may have incurred in defending the suit, to be recovered from the estate of the deceased plaintiff.
Substitution of legal representative of a deceased plaintiff
(1) Where one of two or more defendants dies and the right to sue does not survive against the surviving defendant or defendants alone or a sole defendant or sole surviving defendant dies and the right to sue survives, the Court, on an application made in that behalf, shall cause the legal representative of the deceased defendants to be made a party and shall proceed with the suit.
(2) Any person so made a party may make any defence appropriate to his character as legal representative of the deceased defendant.
(3) Where within the time limited by law no application is made under sub-rule (1), the suit shall abate as against the deceased defendant.
Substitution of legal representative of a deceased defendant
(1) Where a person who would, if he were living, have a right to institute a suit or make an application dies before the right accrues, or where a right to institute a suit or make an application accrues only on the death of a person, the period of limitation shall be computed from the time when there is a legal representative of the deceased capable of instituting such suit or making such application.
(2) Where a person against whom, if he were living, a right to institute a suit or make an application would have accrued dies before the right accrues, or where a right to institute a suit or make an application against any person accrues on the death of such person, the period of limitation shall be computed from the time when there is a legal representative of the deceased against whom the plaintiff may institute such suit or make such application.
(3) Nothing in sub-section (1) or sub-section (2) applies to suits to enforce rights of pre-emption or to suits for the possession of immovable property or of a hereditary office.
Time runs from when a legal representative capable of suing exists
(g) “legal representative” means a person who in law represents the estate of a deceased person, and includes any person who intermeddles with the estate of the deceased, and, where a party acts in a representative character, the person on whom the estate devolves on the death of the party so acting;
Clause (1)(g) defines legal representative for arbitration
Example
For example, D dies while a money suit against him is pending. His son, who inherits, and a stranger who has taken over D's business assets are both legal representatives, but a decree against them can be executed only out of D's property in their hands.
For the exam
- Section 2(11) CPC: represents the estate of the deceased; includes an intermeddler.
- Wider than heir: covers executor, administrator, heirs and intermeddlers.
- Order XXII Rules 3 and 4: substitution on death if right to sue survives, otherwise abatement.
- Section 50 CPC: liability limited to the deceased's property that has come to his hands.
- Limitation Act Sections 6(3) and 16(1) give special rules where a legal representative must sue.
154 questions in the Law Maker question bank use this term. Practise Civil Procedure Code questions
Related terms
- DecreeThe formal expression of an adjudication that conclusively determines the rights of the parties on all or any matter in controversy in a suit, as defined in Section 2(2) of the CPC.
- Judgment-debtorAny person against whom a decree has been passed or an order capable of execution has been made (Section 2(10) of the CPC).
- Decree-holderAny person in whose favour a decree has been passed or an order capable of execution has been made (Section 2(3) of the CPC).
- HeirUnder Section 3(1)(f) of the Hindu Succession Act, 1956, any person, male or female, entitled to succeed to the property of an intestate under the Act.
- ExecutorA person to whom the execution of the last Will of a deceased person is, by the testator's appointment, confided. Section 2(c) of the Indian Succession Act, 1925.
- AdministratorA person appointed by competent authority to administer the estate of a deceased person when there is no executor. Section 2(a) of the Indian Succession Act, 1925.
Further reading
Checked 6 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.