https://www.taxtmi.com/caselaws?id=291619 A decree obtained in good faith against a widow treated as the deceased debtor's legal representative can bind the estate and the true heir where she sufficiently represents the estate and there is no fraud or collusion. The controlling question is whether the estate was properly represented, not whether the true heir was actually impleaded. The text also states that Section 52 of the Transfer of Property Act, 1882 did not invalidate the prior decree or the execution sale, because the creditor's right to recover a just debt from the estate was not displaced by the later title suit. The stated result is that the decree and execution sale were upheld as binding on the estate. en-us Thu, 01 May 1930 00:00:00 +0530 Thu, 19 Nov 2020 10:40:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=291619 A decree obtained in good faith against a widow treated as the deceased debtor's legal representative can bind the estate and the true heir where she sufficiently represents the estate and there is no fraud or collusion. The controlling question is whether the estate was properly represented, not whether the true heir was actually impleaded. The text also states that Section 52 of the Transfer of Property Act, 1882 did not invalidate the prior decree or the execution sale, because the creditor's right to recover a just debt from the estate was not displaced by the later title suit. The stated result is that the decree and execution sale were upheld as binding on the estate. Case-Laws Indian Laws Thu, 01 May 1930 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=291619