Transferees and Legal Representatives MCQ Quiz - Objective Question with Answer for Transferees and Legal Representatives - Download Free PDF

Last updated on Mar 21, 2025

Latest Transferees and Legal Representatives MCQ Objective Questions

Transferees and Legal Representatives Question 1:

In an execution proceeding, what is the liability of the legal representatives of the deceased judgment debtor?

  1. Is under no liability at all
  2. Is liable only to the extent of the property received by him from deceased ​judgment debtor
  3. has absolute liability co-extensive with that of judgment debtor, no matter that he receives no property from the deceased
  4. None of the above

Answer (Detailed Solution Below)

Option 2 : Is liable only to the extent of the property received by him from deceased ​judgment debtor

Transferees and Legal Representatives Question 1 Detailed Solution

The correct answer is option 2.Key Points

  • Section 50 under C.P.C. 1908 deals with legal representative.
  • It says 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.
  • 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.

Additional Information

  • ​ Section 52 under C.P.C. 1908 deals with enforcement of decree against legal representative.
  • It says where a decree is passed against a party as the legal representative of a deceased person, and the decree is for the payment of money out of the property of the deceased, it may be executed by the attachment and sale of any such property.

Transferees and Legal Representatives Question 2:

To what extent a legal representative shall be liable if decree is executed against him?

  1. Only that property of deceased shall be liable which has come to his hand and has not been duly disposed of
  2. His personal property shall be liable for execution of decree
  3. Only that property of deceased shall be liable which has come to his hand and has been duly disposed
  4. He shall not be liable even any property of deceased come to his hand

Answer (Detailed Solution Below)

Option 1 : Only that property of deceased shall be liable which has come to his hand and has not been duly disposed of

Transferees and Legal Representatives Question 2 Detailed Solution

The correct answer is option 1.Key Points

  • Section 52 under C.p.c. 1908 deals with enforcement of decree against legal representative.
  • It says where a decree is passed against a party as the legal representative of a deceased person, and the decree is for the payment of money out of the property of the deceased, it may be executed by the attachment and sale of any such property.
  • Where no such property remains in the possession of the judgment-debtor and he fails to satisfy the Court that he has duly applied such property of the deceased as is proved to have come into his possession, the decree may be executed against the judgment-debtor to the extent of the property in respect of which he has failed so to satisfy the Court in the same manner as if the decree had been against him personally.

Additional Information 

  • Section 50 under C.P.C. 1908 deals with legal representative.
  • It says 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.
  • 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.
  • 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.

Transferees and Legal Representatives Question 3:

Where a judgment debtor dies before the decree is fully satisfied

  1. The same cannot be executed against the legal representatives.
  2. The same can be executed against anyone of the legal representative of the judgment debt or in its entirety. 
  3. The same can be executed against all the legal representative.
  4. The same can be executed against any number of legal representatives as the decree holder wants.

Answer (Detailed Solution Below)

Option 3 : The same can be executed against all the legal representative.

Transferees and Legal Representatives Question 3 Detailed Solution

The correct answer is option 3

 Key PointsSection 50 of CPC deals with 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.

Transferees and Legal Representatives Question 4:

Limitation for substitution of legal representatives of a judgment debtor in execution proceedings is:

  1. of 30 days from the date of death of judgment debtor.
  2. of 60 days from the date of death of judgment debtor.
  3. of 90 days from the date of death of judgment debtor.
  4. None of the above.

Answer (Detailed Solution Below)

Option 4 : None of the above.

Transferees and Legal Representatives Question 4 Detailed Solution

The correct answer is Option 4.

Key Points 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.

So there is no such specific time period mentioned in the above section of the code.

 

 

Top Transferees and Legal Representatives MCQ Objective Questions

Transferees and Legal Representatives Question 5:

In an execution proceeding, what is the liability of the legal representatives of the deceased judgment debtor?

  1. Is under no liability at all
  2. Is liable only to the extent of the property received by him from deceased ​judgment debtor
  3. has absolute liability co-extensive with that of judgment debtor, no matter that he receives no property from the deceased
  4. None of the above

Answer (Detailed Solution Below)

Option 2 : Is liable only to the extent of the property received by him from deceased ​judgment debtor

Transferees and Legal Representatives Question 5 Detailed Solution

The correct answer is option 2.Key Points

  • Section 50 under C.P.C. 1908 deals with legal representative.
  • It says 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.
  • 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.

Additional Information

  • ​ Section 52 under C.P.C. 1908 deals with enforcement of decree against legal representative.
  • It says where a decree is passed against a party as the legal representative of a deceased person, and the decree is for the payment of money out of the property of the deceased, it may be executed by the attachment and sale of any such property.

Transferees and Legal Representatives Question 6:

To what extent a legal representative shall be liable if decree is executed against him?

  1. Only that property of deceased shall be liable which has come to his hand and has not been duly disposed of
  2. His personal property shall be liable for execution of decree
  3. Only that property of deceased shall be liable which has come to his hand and has been duly disposed
  4. He shall not be liable even any property of deceased come to his hand

Answer (Detailed Solution Below)

Option 1 : Only that property of deceased shall be liable which has come to his hand and has not been duly disposed of

Transferees and Legal Representatives Question 6 Detailed Solution

The correct answer is option 1.Key Points

  • Section 52 under C.p.c. 1908 deals with enforcement of decree against legal representative.
  • It says where a decree is passed against a party as the legal representative of a deceased person, and the decree is for the payment of money out of the property of the deceased, it may be executed by the attachment and sale of any such property.
  • Where no such property remains in the possession of the judgment-debtor and he fails to satisfy the Court that he has duly applied such property of the deceased as is proved to have come into his possession, the decree may be executed against the judgment-debtor to the extent of the property in respect of which he has failed so to satisfy the Court in the same manner as if the decree had been against him personally.

Additional Information 

  • Section 50 under C.P.C. 1908 deals with legal representative.
  • It says 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.
  • 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.
  • 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.

Transferees and Legal Representatives Question 7:

Where a judgment debtor dies before the decree is fully satisfied

  1. The same cannot be executed against the legal representatives.
  2. The same can be executed against anyone of the legal representative of the judgment debt or in its entirety. 
  3. The same can be executed against all the legal representative.
  4. The same can be executed against any number of legal representatives as the decree holder wants.

Answer (Detailed Solution Below)

Option 3 : The same can be executed against all the legal representative.

Transferees and Legal Representatives Question 7 Detailed Solution

The correct answer is option 3

 Key PointsSection 50 of CPC deals with 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.

Transferees and Legal Representatives Question 8:

Limitation for substitution of legal representatives of a judgment debtor in execution proceedings is:

  1. of 30 days from the date of death of judgment debtor.
  2. of 60 days from the date of death of judgment debtor.
  3. of 90 days from the date of death of judgment debtor.
  4. None of the above.

Answer (Detailed Solution Below)

Option 4 : None of the above.

Transferees and Legal Representatives Question 8 Detailed Solution

The correct answer is Option 4.

Key Points 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.

So there is no such specific time period mentioned in the above section of the code.

 

 

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