Your grandmother's property, upon her intestate death shall devolve equally among all her legal heirs namely her children.

Thus the property divided among the sons alone without giving a rightful share to the daughters is an illegal act.

The daughters are entitled to their legitimate share in the property.

They can file a suit for partition and can seek for petition of all the properties by metes and bounds, with good and bad soil equally and to allot one such equal share to each of them with separate possession.

They can even obtain an order of injunction restraining your father from constructing the proposed construction of the building in the vacant plot.

The unregistered partition deed excluding the daughters and without registering the same if invalid in law, your paternal aunts an ignore the partition deed drawn among your father and his brothers and can claim their share in the property as a right.

Try to sort it out amicably instead of stretching it as a legal battle because a suit for partition before court may stretch to more than 5 years for disposal.

- As per latest judgement Supreme Court held that daughters will have equal coparcenary rights in Hindu Undivided Family properties, irrespective of whether the father was alive or not on 9 September 2005, when an amendment came into force.

- After the death of your grandmother intestate , her property would be devolved upon all her legal heirs equally , son and daughters. 

- Hence, your aunts having equal right like her brothers over the property , and further she can approach the court for partition of the property and stay on any further sale or transfer . 

You aunt has a share in the property. In fact the whole property should b3 divided amongst the brothers and sisters equally.

1. IF Grandmother died intestate (without making a WILL), THEN "ALL" her children are entitled to claim EQUAL share in her properties, without any exceptions, whatsoever.

2. Legal heirs who do not wish to claim their share shall legally relinquish /release their share in favor of other legal heirs.

3. Marriage of legal heir, does not restrain them to claim their share of property.

You can construct the house and give her another equal value property or money of her share if she doesn't compromise 

Aunt has equal share in property 

2) she can file suit for partition to claim equal share in property 

3) she can seek injunction restraining sale of property 

She is entitled to have her sha3as legal heirs. 

Please provide her share by division of land amongst all siblings and aunts equally otherwise she may go for injunction against all of you for stay of transfer and construction work which she may get from the court of law.

Anything you do needs to be equally distributed amongst all. 

All children of your Grand Mother are entitled to equal share in the property left by her. 

The Pagapirivinai Document executed without involving all the  siblings is questionable in court of law.

If second aunt is not interested to take her share, she can execute release deed releasing her share to you people.

If the other aunt goes to court of law claiming her right, it will take substantial time.  Better get it settled among yourself.

Your aunt (father's sister) assuming here. She has share in the property to 1/4th, so according to that you can negotiate with her.

Your aunts have equal share along with your father and uncles. 

Therefore they have every right to refuse your proposal and stick to equal share only. 

To enforce their equal rights they can file suit for partition and injunction. 

So settle the dispute amicably or face litigation. 

Dear Sir/Madam,

You are suggested to serve the notice to the said aunt and ask her to settle the things amicably allowing you the construction of the site. The property can be divided in 03 siblings of the father since one sister is not asking the share.

Aunts have equal right in all property. All have 1/5th share each. Tell your other aunt to execute release deed in favor of your father.

Than refuse the other aunt, she can claim her 1/5th share from 50% of other brother. 

Your aunt has equal share in said property. she can claim her share through court by filing a partition suit. 

You have not mentioned the year your GM passed away and the year in which partition was effected.

G.Rajaganapathy

High Court of Madras

1. Your aunt can claim her share from total property of her parents that is 20% of total property and if she file suit for partition then court can grant stay on construction on property.

2. You should first solve the dispute and then go for construction of your house.

After the death of your grandmother who did not leave any Will, her estate devolved equally upon all her legal heirs - her 3 sons and 2 daughters, with each entitled to 1/5th undivided share. The partition deed among the brothers alone is legally invalid, as your aunts too have 1/5th undivided share each. Marriage of your aunt is irrelevant to deny her her share.