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Is deceased brothers kids consent required to sell fathers property


24-Dec-2023 (In Property Law)
My Grandfather(A) has a property( A piece of land which I believe that it's a self acquired property). He(A) died without writing any will and thus failing to bequeath the property to his children(B,C,D&E). He has two daughters(B,C) and two sons(D,E). One of his son(D) died. Another son(E) has kidney problem and hence need money for his medical expenses and he came to know about his father's property accidentally while cleaning his cupboard. While the two sisters(B,C) are willing to help their brother(E) inherit their father's property so that he(E) could sell it and acquire money for his medical expenses, he(E) has a doubt whether the son(F) of his deceased brother(D) has any legal right to the property. Is it enough if he(E) can show the death certificate of his deceased brother (D) and the willingness of his sisters (B,C) to give up the claim for that land, to acquire his father's property? Or should he(E) also required to get the permission of his deceased brother's son(F)?
Answers (3)

Answer #1
519 votes
Deceased brother's property devolve among the heirs of the deceased,hence deceased son's heir is having right to claim his grandfather's property. Must get concent from the deceased son's heir, otherwise it is subject to dispute.
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Answer #2
848 votes
What you are trying to explain is the question whether the self acquired property will go to his children in the absence of a will. The fathers property has to be distributed among his legal heirs which include his four children and his wife if she is alive and the case of the deceased son his share has to go to his children .
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Answer #3
512 votes
The brothers son is one of the share holder of the property after your brother died. So his permission is need to sell the property. Without his consent the sale is not valid and also you will be liable for cheating and fabrication of document in case of sale of the property without the sons consent.
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