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Father died left no will but was a benifitiary in his sisters will
In Wills / Trusts Law
My aunt, who had made a will and named my father as the beneficiary of a property.
now my father is dead. He has not left a will.
I would like to know who will inherit the property mentioned above, I or my aunts children?
I am a Hindu.
Answers (2)
Under these circumstances, the Class 1 heirs of your father shall inherit the property. However, to obtain the same, a lot of Legal formalities have to be completed, hence further and better particulars are needed for an effective opinion.
Advocate Tushar Kumar
4.7| 5+ user ratings
Defence Colony,
Delhi
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Section 105(1) in The Indian Succession Act, 1925
Query peruse. As per Section 105 of the Indian Succession Act, 1925 (1) If the legatee does not survive the testator, the legacy cannot take effect, but shall lapse and form part of the residue of the testator’s property, unless it appears by the Will that the testator intended that it should go to some other person.
Since your father died before the testator (Your Aunt) the legacy lapses. For further consultancy and legal services you may contact us.
Query peruse. As per Section 105 of the Indian Succession Act, 1925 (1) If the legatee does not survive the testator, the legacy cannot take effect, but shall lapse and form part of the residue of the testator’s property, unless it appears by the Will that the testator intended that it should go to some other person.
Since your father died before the testator (Your Aunt) the legacy lapses. For further consultancy and legal services you may contact us.
Advocate Anubhav Kathuria
4.3| 25+ user ratings
Karkardooma Courts Delhi, Delhi
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