Legal representative cannot by delivery only negotiate instrument indorsed by deceased
Full Text
Legal representative cannot by delivery only negotiate instrument indorsed by deceased.—The legal representative of a deceased person cannot negotiate by delivery only a promissory note, bill of exchange or cheque payable to order and indorsed by the deceased but not delivered.
Plain English Summary
Prevents the legal representative of a deceased person from negotiating an order instrument by mere delivery if it was endorsed by the deceased but not delivered before their death.
Key Legal Elements
- Applies when the deceased endorsed an order instrument but did not deliver it
- The legal representative cannot complete the negotiation by delivery only
- Requires the representative to endorse the instrument in their own capacity to complete transfer
Practical Note
Links back to Section 46 (delivery completes negotiation). Since the deceased endorsed the bill but died before delivering it, the negotiation was incomplete. The legal representative cannot complete it by simply handing it over; they must endorse it in their own name/capacity as representative and then deliver it.
हिंदी पाठ
कानूनी प्रतिनिधि केवल परिदान (डिलिवरी) द्वारा मृतक द्वारा पृष्ठांकित लिखत का परक्रामण नहीं कर सकता।—मृतक व्यक्ति का कानूनी प्रतिनिधि (legal representative) केवल परिदान द्वारा ऐसे आदेशानुसार देय वचन-पत्र, विनिमय-पत्र या चेक को परक्रामित (negotiate) नहीं कर सकता जिसे मृतक ने स्वयं पृष्ठांकित तो कर दिया था लेकिन परिदत्त (deliver) नहीं किया था।