Chapter III - Parties to Notes, Bills and Cheques
Section 29
Section 29: Legal representative signing an instrument
Section 29 addresses personal exposure when a deceased person’s legal representative signs a note, bill or cheque in their own name.
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Need advice on Section 29?
This article is for general information. Refer to the Negotiable Instruments Act, 1881 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
A legal representative of a deceased person who signs his name to a promissory note, bill of exchange or cheque is liable personally thereon unless he expressly limits his liability to the extent of the assets received by him as such.
Key rule and applicability
The default stated rule is personal liability on the instrument. Its express exception requires the representative to limit liability to the extent of the assets received in that representative capacity.
Limits and related provisions
Do not assume that a representative label alone supplies the express limitation. The statutory wording concerns assets actually received by the signer as representative, not an unlimited estimate of the estate’s assets.
Hypothetical business example
Hypothetical: an executor signs a bill connected with estate administration. Before signing, the executor reviews whether its wording expressly confines liability to the assets received in that capacity; the absence of that limitation creates the personal-liability risk described by section 29.
Practical decision flow
Confirm that the signer is acting as legal representative of the deceased.
Review the instrument for an express limitation tied to assets received in that capacity.
Keep estate-asset receipts and the signed instrument together when assessing the extent of exposure.
Practical checklist
Do
- Confirm that the signer is acting as legal representative of the deceased.
- Review the instrument for an express limitation tied to assets received in that capacity.
- Keep estate-asset receipts and the signed instrument together when assessing the extent of exposure.
Avoid
- Do not assume that a representative label alone supplies the express limitation. The statutory wording concerns assets actually received by the signer as representative, not an unlimited estimate of the estate’s assets.
Glossary
- Legal representative
- The representative of the deceased person referred to in this provision.
- Express limitation
- An explicit restriction of liability to the assets received in that capacity.
Frequently asked questions
What is the stated default if the representative signs their name?
Personal liability on the instrument, unless the specified express limitation is made.
What assets does the exception refer to?
The assets received by the signer as the deceased person’s legal representative.
Should a representative assume a title alone is enough?
No. Check whether liability is expressly limited in the manner required by section 29.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026