Tuesday, August 30, 2022

Intermeddler

 



                         S.2(11) CPC.

  "Legal Representative

   means:-

* a person who in law represents the estate   of a deceased person, 

 * Any person who intermeddles with the estate of the deceased.

* The person on whom the estate devolves on the death of the party so suing or sued:

            Intermeddler.


     What does Executor de son tort mean?

 * A person not lawfully appointed.

 * He himself to administer the estate.

 * Intermeddles with the administration of the estate.

* He is an executor de son tort .

*  Accountable as if he had authority.

√  Is not a trespasser.

√ assumes representative capacity.

√ Has an intention to represent the estate. 

√ Intermeddler is similar to an executor.


 De son tort (executor of his own wrong) as he takes upon himself the office of an executor by the intrusion.

√  Although not so constituted by the testator. 

√ Without authority intermeddles with the estate of the deceased.

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