Section 19-IC:
Continuance of proceedings.
1
[19-IC. Continuance of proceedings.--(1) Where a person dies, his legal representative shall be
liable to pay any sum which the deceased would have been liable to pay if he had not died, in the like
manner and to the same extent as the deceased:
Provided that, in case of any penalty payable under this Act, a legal representative shall be liable only
in case the penalty has been imposed before the death of the deceased person.
(2) For the purposes of sub-section (1),--
(a) any proceeding for disgorgement, refund or an action for recovery before the Recovery
Officer under this Act, except a proceeding for levy of penalty, initiated against the deceased before
his death shall be deemed to have been initiated against the legal representative, and may be
continued against the legal representative from the stage at which it stood on the date of the death of
the deceased and all the provisions of this Act shall apply accordingly;
(b) any proceeding for disgorgement, refund or an action for recovery before the Recovery
Officer under this Act, except a proceeding for levy of penalty, which could have been initiated
against the deceased if he had survived, may be initiated against the legal representative and all the
provisions of this Act shall apply accordingly.
(3) Every legal representative shall be personally liable for any sum payable by him in his capacity as
legal representative if, while his liability for such sum remains undischarged, he creates a charge on or
disposes of or parts with any assets of the estate of the deceased, which are in, or may come into, his
possession, but such liability shall be limited to the value of the asset so charged, disposed of or parted
with.
(4) The liability of a legal representative under this section shall be limited to the extent to which the
estate of the deceased is capable of meeting the liability.
Explanation.--For the purposes of this section "legal representative" means a person who in law
represents the estate of a deceased person, and includes any person who intermeddles with the estate of
the deceased and where a party sues or is sued in a representative character, the person on whom the
estate devolves on the death of the party so suing or sued.
Notes:
1. Ins. by Act 13 of 2018, s. 199 (w.e.f. 8-3-2019).