Under the Indian Succession Act, 1925, a legatee refers to a person who inherits legacy under a Will. In simple words “Legatee” means a person to whom there has been or is bequeathed an estate. Legatees are specifically mentioned in a Will. The Act recognizes different types of legatees based on the nature of their inheritance:
1. Specific Legatee: is a person who is designated to receive a specific item or property mentioned in the will. This could include assets like a house, land, jewellery, or any other specific belongings of the deceased. The will clearly identify the specific property intended for the specific legatee.
2. Residuary Legatee: is a person who inherits the remainder of the deceased’s estate after all the debts, expenses and specific legacies have been satisfied. They receive the residual portion of the estate that is not allocated to any other legatee in the will.
When a person dies intestate i.e. without leaving a valid will. In such cases, the succession laws determine the distribution of the deceased person’s property among their legal heirs and the term “legatee” may not be applicable.