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Checking relevance for Ratna Alias Ratnavati VS Syndicate Bank...
1994 0 Supreme(SC) 1182 : A legal representative of a deceased defendant is liable to pay a money decree if the property of the deceased defendant is in their hands. If the legal representative fails to show that the property was applied to discharge the debt, the court may proceed against them personally and apply the property by sale to satisfy the decree. It is sufficient for the decree-holder to implead any or all legal representatives of the deceased defendant at the time of application for passing the final decree, and such impleadment allows the decree to be enforced against the estate of the deceased. The liability of the legal representative arises not from personal obligation but from the possession or control of the deceased''''s property, and the decree-holder is not required to make the application within limitation to bring the legal representative on record, provided the legal representatives are brought on record at the time of the final decree application.Checking relevance for Gujarat State Road Transport Corporation, Ahmedabad VS Ramanbhai Prabhatbhai...
Checking relevance for Melepurath Sankunni Ezhuthassan VS Thekittil Geopalankutty Nair...
Checking relevance for Pradeep Kumar VS Post Master General...
2022 5 Supreme 747 : Under Section 8(1) of the Government Savings Certificate Act, 1959, any payment made in accordance with the provisions of the Act to a nominee or any other person shall be a full discharge from all further liability in respect of the sum so paid. However, any creditor or claimant against the estate of a holder of a savings certificate may recover his debt or claim out of the sum paid under the Act to any person and remaining in his hands un-administered, in the same manner and to the same extent as if the latter had obtained letters of administration to the estate of the deceased. This means that a legal representative (such as an executor or administrator) may be liable to account for the amount received on behalf of a deceased holder, and creditors may recover their claims from such person to the extent the funds remain un-administered.Checking relevance for FGP Ltd. VS Saleh Hooseini Doctor...
2009 0 Supreme(SC) 1579 : Under Section 211 of the Indian Succession Act, 1925, the executor or administrator of a deceased person becomes the legal representative of the estate, and the property of the deceased vests in them upon acceptance of office, even without obtaining probate. This vesting of property and the status of legal representative are sufficient for the executor to represent the estate in legal proceedings, including money recovery suits, and the grant of probate is not a condition precedent to filing such a suit. However, Section 213 requires probate or letters of administration to establish rights under the will, but this does not affect the executor''''s capacity to initiate proceedings for recovery of money on behalf of the estate.Checking relevance for N. K. Mohd. Sulaiman Sahib VS N. C. Mohd. Ismail Saheb...
1965 0 Supreme(SC) 223 : In a money recovery suit after the death of the defendant, if the creditor has made a bona fide enquiry and impleaded persons whom they reasonably believed to be the only legal representatives of the deceased, the decree obtained against those impleaded will bind the entire estate, including other persons who may later claim to be legal representatives, provided there is no fraud, collusion, or prejudice to the absent heirs. This principle applies regardless of the religious persuasion of the parties and holds that the estate is sufficiently represented by the impleaded heirs, making the decree binding on the entire estate even if not all legal representatives were originally brought on record.Checking relevance for Divisional Engineer, Highways, Ariyalur VS K. Muthammal...
Checking relevance for National Insurance Company Rep. by its Divisional Manager VS Udayagiri Sumathi And Others W/o. Late Udayagiri Venkataiah...
Checking relevance for T. K. Natarajan, S/O Late Krishnan Kutty Achari VS T. K. Raman Achari, S/O Late Kutty Achari...
2023 0 Supreme(Ker) 222 : Under Section 214 of the Indian Succession Act, 1925, no court shall pass a decree against a debtor of a deceased person for payment of his debt to a person claiming on succession, nor proceed to execute such a decree, except on the production by the claimant of a probate or letters of administration evidencing the grant of administration to the estate of the deceased. This means that a legal representative (executor or administrator) must possess a valid probate or letters of administration to have the legal standing to recover money from debtors of the deceased in a money recovery suit. Without such a document, the representative lacks the representative title necessary to initiate or sustain such a suit.
