Succession scheme
G.Padmanabhan
(Querist) 26 January 2011
This query is : Resolved
A women dies, leaving behind only class II heirs, a brother and a sister. Nothing is known about the brother for many years. It is not known if he is alive or dead or married or single. The deceased woman has left behind an immovable property in Chennai. What are the courses open to the surviving sister to claim the property left behind by her deceased sister. What should be done about the missing brother (another legal heir of the deceased woman). Would our experts please guide?
Devajyoti Barman
(Expert) 26 January 2011
Both brother and sister being the class-II heirs they inherit ther siister in equal half share. Since one brother in missing and if he is not heard of for the last 7 years then the surviing sister can file a suit for declaring her brother as civilly dead and claim the whole share.In the meantime she can take control of the whole estate.
A. A. JOSE
(Expert) 27 January 2011
I am also of the same view as stated by Mr.Barman herein above.
