Succession to Property
G.Padmanabhan
(Querist) 07 October 2010
This query is : Resolved
A, a woman, bequeaths her property in favour of her daughter, B. Another daughter 'C' files consent affidavit in the probate proceedings(seeking letter of administration) initiated by B. During the pendency of the probate proceedings, B dies. 'B' does not leave behind any Class I heirs ( her parents and husband predeceased her, and she has no children). The daughter 'C' has one son and three daughters. Would our experts enlighten me as to
(a) what will happen to the probate proceedings. (probate proceedings pending for want of payment of Court fees)
(b) if the probate proceedings can be continued, Who can continue it?
(c) if the probate proccedings abate with the death of the probate petitioner, how does the property of A devolve?
Guest
(Expert) 07 October 2010
On filling the probate proceedings all the legal heirs will get the notices from the court for filling objections if any. If the heir does not appear before the court it will be presumed that such person has no objection to the grant of probate. Children and spouses of the deceased brothers and sister can also file objections to the grant of probate.
