Legal representative is the person who represents the estate of the deceased. He may be a heir, successor or he may be any person who has interest in the property of the deceased. The person who happens to be in possession of the deceased’s property or who has been otherwise dealing with it or carrying on any business with the deceased can also be the legal representative. Whenever any party in the suit dies, he should necessarily be represented by a legal representative. The legal representative’s name is substituted for the name of the deceased describing the party (as the deceased) represented by L.R. If legal representative is not brought on record, the suit to the extent of the deceased abates. If the addition of legal representative is necessary and such legal representative is a necessary party, his addition in the suit is not made, the whole suit abates. In cases of compensation for accidents, every person who is by law entitled to the compensation is a legal representative.
[Ref.: Sudama Devi v. Jogendra Choudhary, AIR 1987 Pat. 239; Mahendra Singh v. Krishna Devi, AIR 1979 All. 4; Gujarat S.R.T.C. v. Ramanbhai Prabhatbhai, AIR 1987 SC 1690; M. Sitamma v. Lakshmi Devi, AIR 1962 A.P. 520; See also abetment PC v. Payment of Wages Inspector, 2005 (III) LLJ 1077.]