Will to be probated.

H.Vijayakumar (Querist) 20 September 2010 This query is : Resolved
Dear Sirs/Madams,
I have a clarification regarding a will to be probated within metro city limits. In a Joint family a Sister bequeaths her property in favour of brother in the year 1982, subsequently, she dies. Further the brother the beneficary also dies on 1984, without probating the said will. At present who is the owner and what law tells about the will not probated.

Thanking you

Yours faithfully,

H.Vijayakumar

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Surrender K Singal (Expert) 20 September 2010
Probate may not be a necessity everywhere;
Was the property her self acquired or inherited portion in the ancestral asset ?
Who are the other members of the joint family if the property belonged to such joint family ?

R.Ranganathan (Expert) 20 September 2010
The property will now devolve upon the legal heirs of the brother since he died without leaving a Will. If anybody questions the Will, the executor named therein shall probate the will. It will first be probated in the name of the brother who is the beneficiary as per the will, then it will go the legal heirs of the brother.

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