CPC Section 50 — Legal representative

Civil

Summary

If a person who has been ordered by a court to pay money (the judgment-debtor) dies before the full amount is paid, the person who is owed the money (the decree-holder) can ask the court that issued the order to enforce it against the deceased person's legal representative. When the court enforces the order against the legal representative, that representative is only responsible to the extent of any property of the deceased that came into their hands and has not been properly given away or used. To figure out how much the legal representative is liable for, the court can, on its own or at the request of the decree-holder, require the legal representative to produce whatever accounts the court considers appropriate.

Official Text

(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.