Testate Or Intestate succession

G.Padmanabhan (Querist) 30 December 2010 This query is : Resolved

Property X is the self acquired property of a female-A. She has got two daughters, and a son. Her hubby predeceased her. She (A) makes a will in favour of one of her daughters in 96 and dies in 97. The legatee daughter files petition for Letter of Admn. During the pendency of proceedings, she dies. She has no other class I heirs. How does the property devolve? Testamentary or Intestacy? The brother of the legatee sister, i.e. the son of the original prop owner has lost touch with the family for more than 30 years. What legal courses are open in respect of the property X. and to whom?
Would our experts give suggestions.

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Advocate. Arunagiri (Expert) 30 December 2010
The remaining one daughter and the son of Female-A will get the shares equally.

R.Ramachandran (Expert) 30 December 2010
Mr. Arunagiri is absolutely on the dot.

G. ARAVINTHAN (Expert) 30 December 2010
In the absence of Class I heirs, Class II heirs will come.

Hence the property will be inherited by her siblings i.e brother and sister

Guest (Expert) 30 December 2010
son of A and Daughter of A will be the legal heirs

Ashok Yadav (Expert) 30 December 2010
As advised by the experts the property shall be devolve in Class II heirs i.e. brother, sisters etc.
It will be intestate succession.

Wht do u mean by son is not in touch, is he not known since previous 30 years?

G.Padmanabhan (Querist) 31 December 2010
Yes. The sisters had lost touch with their brother long ago. How to proceed about his 1/2 share in the family. His where abouts and his family details are not known. What should the surviving sister do in respect of the other 1/2 share.

M V Gupta (Expert) 01 January 2011
Issue a notice in news papers calling upon the brother or in case he is not alive his heirs to immediately report his / their whereabouts and if there is no response, the other sister may implead herself in the proceedings initated by the deceased sister for issue of letters of administartion for the entire property and obtain the same in her favor. In the notice issued in the papers you should also mention that if there is no response from the brother/ his heirs it will be presumed that either he/they are not interested in the property or waive his/their right to the property.