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Which role alone does not make someone a legal representative of a deceased person under section 2(11) of the Code of Civil Procedure, 1908?

Question and options

Which role alone does not make someone a legal representative of a deceased person under section 2(11) of the Code of Civil Procedure, 1908?

  1. A residuary legatee representing the deceased’s estate

  2. An official assignee administering a living insolvent’s property

  3. A coparcener on whom the deceased’s interest lawfully devolved and who represents it

  4. An executor acting for the deceased’s estate

Answer and explanation

Correct answer: B - An official assignee administering a living insolvent’s property

Section 2(11) looks to representation of the deceased’s estate, including intermeddling with it. It also addresses devolution of the estate where the deceased litigated in a representative capacity. An official assignee dealing only with a living insolvent’s property acts in a separate insolvency capacity.

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