According to Section 2(11) of the Code, “legal Representative” means a person who in law represents the estate of a deceased person and include any person who intermeddles with the estate of the deceased and where a party sues or is sued I representative character the person on whom the estate devolves on the death of the party so suing or sued.
According to the definition, legal representative includes any person, even a stranger who has no interest in property and who is not beneficial owner thereof but who intermeddles, with the estate of the deceased i.e. who may be in actual possession of the deceased’s estate without claiming any title for himself. Definition further provides that legal representative includes the person on whom the estate devolves on the death of a party who sues or is used in a representative character.
Thus, under Section 2(11) of the Code, the following persons are legal representatives:
1. Who Represents the estate of deceased person,
2. Who interferes with estate of deceased person, and
3. A representative of any legal representative.
In Custodian, Branches of BANCO National Ultramarino V. Nalini Bai Naiqui, AIR 1989 SC 1589, The Supreme Court observed that the legal representative includes heirs as well as persons who represent the estate even without title either as executor or administrators in possession of the estate of the deceased. All such persons are covered by the expression “legal representative”.
Example of Legal Representative:
(1). A Hindu son is a legal representative of his father in respect of his separate debt.
(2). A Stranger in possession of deceased judgment-debtor’s property without claiming any title from him.
(3). Coparcener getting property by survivorship.
(4). Property appointed executors and administrators of the estate of the deceased, a universal legatee and persons in de facto possession of the estate of the deceased.