Question
Who may be treated as legal representative, within the
meaning of Arbitration and Conciliation Act:Solution
Under Section 2(1)(g) of the Arbitration and Conciliation Act, 1996, the term “legal representative” means: (A) A person who in law represents the estate of a deceased person, such as a new trustee appointed or elected on the death of the deceased trustee. (B) A person who intermeddles with the estate of the deceased. (C) A person on whom the estate of the deceased devolves where the deceased was acting in a representative character, such as an assignee from a deceased zamindar or to whom the holding reverts on the death of a tenant. Trespassers or persons who claim adversely to the estate of the deceased are not considered legal representatives. This definition ensures that arbitration agreements and awards bind or benefit the legal representatives of a deceased party to arbitration proceedings.
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