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TIPS & EXPERT ADVICE ON ESSAYS, PAPERS & COLLEGE APPLICATIONS

The legal representative shall be liable only to the extent of the property of the deceased which has come to his hands and has not been duly disposed of.

Where the decree passed against a legal representative of the deceased person is for the payment of money out of the property of the deceased, it may be executed by the attachment and sale of such property.

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But in regard to the property which came into the hands of the legal representative and which has not been duly applied by him although such property remains in the possession of the judgment-debtor, the decree may be executed against him as if the decree was to the extent passed against him personally.

In order to attract the provisions of section 52, three conditions have to be complied with, viz., (1) the legal representative must have received the property of the deceased; (2) he must no longer be in possession of it; and (3) the court is satisfied that he has failed to duly apply the property which he had inherited to discharge the deceased’s debt.

A decree can be passed not only against the separate assets of the father in the hands of his sons but also against the share of the father of the joint family properties obtained by the sons by right of survivorship and the decree-holder is entitled to proceed against such properties.

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