Legal Heir - My great Aunty died intestate in 2008
9 months ago
My great Aunty died intestate in 2008 living behind her house, plot & FD deposit, at her time of death, she was survived by 2 sister , 1 brother. 1 sister died before her.
Doubt1:
Can the property not be divided with dead sister or her son daughter
A sale agreement between 2 brothers/1 sister & builder was made for sale of plot/house in 2009.
Meanwhile after sale agreement was made, the dead sibling successor(son/daughter) filed a case for their share in property, is this a valid case as at time of death of intestate great aunty sibling successor was dead.
In course of time now in 2023 all successors ( 2brother/1 sister ) are dead now, hence I would like to know how the property will be mutated now, will it go in 3 parts to successors who are dead & later to the children of dead successors as they are alive.
A.Dear Client,
Intestate property both immovable or movable is always shared equally by surviving legal heirs who got the right to share in the said property by birth. When a suit is filed in the Court by any legal heirs claiming their share in the intestate property and once the matter becomes subjudice before a Court of Law, until and unless an order/judgment is passed disposing of the suit no further action either for partition or for mutation can be initiated in respect of said intestate property. Reach out to an Advocate for guidance and steps.
Intestate property both immovable or movable is always shared equally by surviving legal heirs who got the right to share in the said property by birth. When a suit is filed in the Court by any legal heirs claiming their share in the intestate property and once the matter becomes subjudice before a Court of Law, until and unless an order/judgment is passed disposing of the suit no further action either for partition or for mutation can be initiated in respect of said intestate property. Reach out to an Advocate for guidance and steps.
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A.Dear client,
When a person dies intestate (without a will), the distribution of their property generally follows the laws of inheritance or succession in the jurisdiction where the property is located. These laws may vary depending on the country or state involved.
Based on the information you provided, it seems that your great aunt passed away in 2008 without leaving a will. At that time, she was survived by two sisters and one brother, but one sister had already passed away before her. In such cases, the general principle is that the deceased sister's share would pass on to her own successors, typically her children, if any. The specific laws governing intestate succession in your jurisdiction will determine how the property should be divided among the surviving siblings and the children of the deceased sister.
Regarding the sale agreement made in 2009, it might depend on the specific terms and conditions outlined in the agreement and the laws governing such agreements in your jurisdiction. It's advisable to consult with a legal professional who can review the agreement and provide guidance based on the applicable laws.
As for the current situation in 2023, where all the successors (two brothers and one sister) have passed away, the distribution of the property would depend on the laws of intestate succession and any wills left by the deceased successors. Typically, if the successors have children, the property would pass on to the children of the deceased successors in equal shares. However, it's important to note that the specific laws governing intestate succession can vary, so consulting with a legal professional is crucial to understand how the property will be distributed in your specific jurisdiction.
When a person dies intestate (without a will), the distribution of their property generally follows the laws of inheritance or succession in the jurisdiction where the property is located. These laws may vary depending on the country or state involved.
Based on the information you provided, it seems that your great aunt passed away in 2008 without leaving a will. At that time, she was survived by two sisters and one brother, but one sister had already passed away before her. In such cases, the general principle is that the deceased sister's share would pass on to her own successors, typically her children, if any. The specific laws governing intestate succession in your jurisdiction will determine how the property should be divided among the surviving siblings and the children of the deceased sister.
Regarding the sale agreement made in 2009, it might depend on the specific terms and conditions outlined in the agreement and the laws governing such agreements in your jurisdiction. It's advisable to consult with a legal professional who can review the agreement and provide guidance based on the applicable laws.
As for the current situation in 2023, where all the successors (two brothers and one sister) have passed away, the distribution of the property would depend on the laws of intestate succession and any wills left by the deceased successors. Typically, if the successors have children, the property would pass on to the children of the deceased successors in equal shares. However, it's important to note that the specific laws governing intestate succession can vary, so consulting with a legal professional is crucial to understand how the property will be distributed in your specific jurisdiction.
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