In Civil Procedure Code 1908 Who is Legal Representative
In the context of the Code of Civil Procedure (CPC) in India, a legal representative refers to a person who is authorized to represent a party in a legal proceeding. The CPC defines a legal representative as “a person appointed by the court to represent a party who is under a legal disability, or who is absent from India, or whose whereabouts are not known.”
An example of a legal representative in the CPC would be a lawyer representing a minor child in a court case. The child is under a legal disability, as they are not of legal age to represent themselves, so the court would appoint a legal representative, such as a guardian or a lawyer, to represent the child’s interests in the case.
10 FAQs about Legal Representative
some general information and examples on the topic:
Q1 . What is a legal representative?
A legal representative is a person or organization authorized to act on behalf of another person or entity in legal matters.
Q2 . How is a legal representative appointed?
A legal representative is typically appointed by a court or through a legal document such as a power of attorney.
Q3 . What are some examples of legal representatives (CPC) ?
Examples of legal representatives include: lawyers, guardians, executors of a will, administrators of an estate, and trustees.
Q4 . Can a legal representative make decisions on behalf of the represented party?
Yes, a legal representative is authorized to make legal decisions and take legal actions on behalf of the represented party.
Q5 . How long does the appointment of a legal representative last?
The appointment of a legal representative can be for a specific period of time or indefinitely, depending on the circumstances and the terms of the appointment.
Q6 . Is a legal representative responsible for the actions of the represented party?
A legal representative is responsible for representing the interests of the represented party and making legal decisions on their behalf, but they are not typically held liable for the actions of the represented party.
Q7 . Can a legal representative be removed?
A legal representative can be removed by the court or by the person who appointed them, if the appointment was made through a legal document such as a power of attorney.
Q8 . What happens when a legal representative dies or becomes incapacitated?
When a legal representative dies or becomes incapacitated, the court will typically appoint a new legal representative to take their place.
Q9 . What are the responsibilities of a legal representative?
The responsibilities of a legal representative can include representing the represented party in legal proceedings, making legal decisions on their behalf, and managing their legal affairs.
Q10 . What is the difference between a legal representative and a power of attorney?
A legal representative is appointed by a court to represent a party who is under a legal disability, or who is absent from India, or whose whereabouts are not known. A power of attorney is a legal document where a person appoints another person to act on their behalf in legal matters, typically in the event of their incapacity.
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