Property

The property shall be devolved among the daughter (your aunt), your father, and the second son's wife and children in three shares i.e. one to your aunt, second to your father, and third to the family (legal heirs) of the deceased son.

Thanks for the reply. My aunty (Father sister) is ready to release the property to my father, but my another aunty (Father brother wife) is not ready and she wants to transfer the property in her name. Can you please advise how legally we can move further to acquire the propery (constructed building).

Hello Sir/Maam,

The personal laws of succession vary based on the personal law applicable to the deceased (your grandfather). Please mention which is the personal law applicable - Hindu Succession Act or Indian Succession Act.

However, according to the facts mentioned above, the disputed property is Ancestral as your grandfather died intestate. The children are understood to be coparceners in the father’s property. Hence the disputed property should be divided equally amongst the lineal descendants of the deceased. In the absence of the third child, his family will get their share. To claim share over the disputed property, you require either a letter of administration or succession certificate issued by the court.

Letter of administration is granted by a competent court in order to distribute the assets of the deceased amongst his heirs. It can be acquired by filing a petition in a competent court.

Succession certificate is issued to establish the legal heirs of the deceased. By the help of succession certificate, one has the right to distribute the assets of the deceased under the relevant personal laws.

After going through your query, in my opinion, when a person dies intestate, the probate court designates an executor. An executor is a person designated by the testator to carry out the terms of the will.
File an application for the letter of Administration in the competent court. Letter of Administration would grant the same administrative rights than an executor would have enjoyed.

Hope this helps.

Yes, all the children have equal shares (the grandmother, if alive, also have an equal share). In fact, the property, on the death of the grandfather, is already vested with all the legal heirs. Relinquishment, if any by any of the joint-holders, cannot but be voluntary.

The best option is for the joint-holders to join together to execute a partition or settlement deed; the aspect of relinquishment could also taken care in the process. In most of the States, execution of such deeds require only nominal stamp duty. 

Get the settlement deed the status of Award from Lokadalat and get it indexed through them to Registrar office to safeguard all disputes in future.