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Sunny Bangalore (temp)     07 January 2015

Legal representative vs legal heir

Hello All,

My father passed away recently intestate because there was a suit pending against a part of his property and he was advised by his lawyer that he could not include a property against which a suit is pending in his will. By the time the suit was decided in his favor, he was unable to write any will, having suffered a stroke.

He mentioned to me that he had named me as the legal representative in the suit. My question is that in case of an appeal to the original suit, would the legal representative be the only defendant (on behalf of my father) or would other legal heirs also be able to join the suit? My understanding is that the legal representative is like the executor/custodian of the property with the right to settle the property in its entirety in the suit. is that correct?

Also, where could I find documentary evidence that he named me as the legal representative? My fathers lawyer no longer reachable. This is for a suit filed in 2005 in karnataka.

Thanks



Learning

 2 Replies

Jayashree Hariharan (Advocate)     07 January 2015

please go to the court hall and see the file. you will find the proof of whether you have been named as the legal representative.

You will automatically be the defendant, if you have been named as the legal representative. the others can implead themselves as the legal heirs for the suit, when appeal comes up for hearing.

Jayashree Hariharan (Advocate)     07 January 2015

the person who files the appeal (the appellant) may also include all the legal heirs as the defendants


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