what is meant by intermeddling with the estate? why intermeddler is also considered as legal representative as per section 2(11) of cpc?
can any one explain the same in simple terms?
Hello,
In the most literal sense, an intermeddler is a person who meddles in the affairs of others. In the case of Sudama Devi And Ors. vs Jogendra Choudhary And Ors. [AIR 1987 Pat 239] it was observed that Intermeddle is "to meddle or to interfere improperly".
In Mst. Naro v. Harbanslal [AIR 1962 Punj 457], it is was observed that "Intermeddling means to meddle with the affairs of others in which one has no concern, to meddle officious; to interpose or interfere improperly. It signifies meddling with the property of another improperly. Intermeddling may take several forms including collecting or taking possession of the assets or other act, which might evince a legal control.
As per Sec.2(11) of CPC: 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.
If a person meddles with the property of the deceased, then such a person is equally a legal representative. That person is not a trespasser but assumes representative capacity in relation to the estate and has an intention to represent the estate. Intermeddler is similar to an executor de son tort (executor of his own wrong) as he takes upon himself the office of an executor by the intrusion and not so constituted by the testator. He is a person who without authority intermeddles with the estate of the deceased.
Hope this answers your query.
Regards
Nikitha
