1. The partition of the said ancestral property has been done legally way back in 1959. Hence the H.U.F. is dissolved and the partitioned property has become the personal property of the individuals.
2. Since Mr Atul and his unmarried brother Balu were the joint co-owners of the share that devolved upon them after such partition then after the demise of such unmarried brother his share can be legally transferred in name of Mr. Atul.
3. Then question is that since such brother Balu was unmarried then his legal heirs would be his brothers. But since Mr. Atul had a joint co-ownership with such deceased unmarried brother then lawfully his locus standi as being the preferred legal heir can be established and the share will be inherited by Mr. Atul alone.
4. The property not being ancestral any more then the claim of the legal heirs of Mr, kapil in such property of Balu will not survive and neither their attempt to get any injunction against Mr, Atuls legal heirs will be maintainable.
5. In addition the limiation bar will debar such legal heirs of Mr, Kapil to file such litigation.
6. If need be for further discussion and personal private legal consultation you can get my contact details by clicking my name shown in the L.H.S. margin of this reply format.