Section 50 of The Code of Civil Procedure, 1908
Legal representative.
- (1)Where a judgment-debtor dies before the decree has been fully satisfied, the holder of the decree may apply to the Court which passed it to execute the same against the legal representative of the deceased.
- (2)Where the decree is executed against such legal representative, he 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; and, for the purpose of ascertaining such liability, the Court executing the decree may, of its own motion or on the application of the decree-holder, compel such legal representative to produce such accounts as it thinks fit.
Summary
- If a person who owes money, called the judgment-debtor, dies before the debt is fully paid, the creditor can ask the court to collect from the heir.
- The heir, or legal representative, is only liable for the amount of property they actually received from the deceased person.
- If the heir has already correctly spent or disposed of the inherited property, they are not liable for that portion.
- The court can order the heir to produce accounts to prove exactly how much property they inherited and what happened to it.
- This section ensures that a court's judgment is not avoided simply by death, while protecting the heir's personal assets.
Practical examples
FAQ
1. Can a son be arrested for his father's debts under Section 50 of The Code of Civil Procedure, 1908?
No, Section 50 of the Code of Civil Procedure, 1908, states that a legal representative is only liable to the extent of the property inherited from the deceased and not for their own personal funds.
2. How does a creditor check an heir's assets in Section 50 of The Code of Civil Procedure, 1908?
Under Section 50 of the Code of Civil Procedure, 1908, the court has the power to compel the legal representative to produce accounts to show the extent of the property they received.
3. Who is a legal representative under Section 50 of The Code of Civil Procedure, 1908?
According to the Code of Civil Procedure, 1908, a legal representative is someone who in law represents the estate of the deceased person, which often includes their heirs.
4. What happens if the heir has already sold the inherited property under Section 50 of The Code of Civil Procedure, 1908?
Under Section 50 of the Code of Civil Procedure, 1908, the heir is only liable for property that has come into their hands and has not been duly disposed of.
Test yourself
1.Under Section 50 of The Code of Civil Procedure, 1908, when can a decree be executed against a legal representative?
2.What is the extent of liability for an heir under Section 50 of The Code of Civil Procedure, 1908?
3.How does the Court verify an heir's inherited assets under Section 50 of The Code of Civil Procedure, 1908?
4.To which Court does a creditor apply for execution under Section 50 of The Code of Civil Procedure, 1908?