Friday 28 December 2018

What is difference between legal representative and legal heir?

Legal heir is an individual who receives an interest in, or ownership of, land, tenements, or hereditaments from an ancestor who has died intestate, through the laws of Descent and Distribution. At Common Law, an heir was the individual appointed by law to succeed to the estate of an ancestor who died without a will.

The definition of the term "legal representative" in Section 2(11) of the Code of Civil Procedure reads as under:

Section 2(11):

legal representative" means a person who in law represents the estate of a deceased person, and includes any person who intermeddles with the estate of the deceased and where a party sues or is sued in a representative character the person on whom the estate devolves on the death of the party so suing or sued;

 Section 2(11) referred to above is inclusive in character and its scope is wide. It is not confined to legal heirs only. Instead it stipulates a person who may or may not be heir, competent to inherit the property of the deceased but he should represent the estate of the deceased person. It includes heirs as well as persons who represent the estate even without title either as executor or as administrator in possession of the estate of the deceased. All such persons are covered by the expression "legal representative".

Legal representative is genus and legal heirs is species
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