1) file petition in family court for being appointed as guardian of children 

2) in event they make application to court to being appointed as guardian you can oppose application 

3) court permission is required for sale of property of children 

The legal matters related to the custody and welfare of COVID orphaned children are governed by the Juvenile Justice (Care and Protection of Children) Act, 2015, which is a law that aims to protect the rights and interests of children in need of care and protection. The act provides for various mechanisms and authorities to deal with the cases of children who have lost their parents due to COVID-19 or any other reason. The act also provides for the rights and responsibilities of the relatives and guardians of such children.

Some of the points that you should know about the custody and welfare of COVID orphaned children are:

• The custody and welfare of COVID orphaned children are primarily the responsibility of the state government and its agencies, such as the Child Welfare Committees (CWCs), the District Child Protection Units (DCPUs), and the Childline Services. These agencies are mandated to identify, verify, and rehabilitate such children as per the provisions of the act.
• The relatives and guardians of COVID orphaned children have a secondary responsibility to take care of such children. They can claim custody or guardianship of such children by applying to the CWCs or the courts having jurisdiction over the matter. They have to prove their relationship with the children and their ability and willingness to look after them. They also have to abide by the directions and conditions imposed by the CWCs or the courts regarding the welfare of the children.
• The CWCs or the courts have the power to decide the custody or guardianship of COVID orphaned children based on their best interest and welfare. They can consider various factors, such as the age, gender, preference, background, health, education, etc., of the children, as well as the suitability, capability, financial status, character, etc., of the relatives or guardians. They can also order periodic reports, visits, or reviews to monitor the well-being of the children.
• The relatives or guardians of COVID orphaned children have no right to sell or dispose of their property without their consent or permission from the CWCs or the courts. The property of such children is protected by law and can only be used for their benefit and welfare. The relatives or guardians have to maintain proper accounts and records of the property and income of such children and submit them to the CWCs or the courts as required.

Based on these points, I can suggest some steps that you can take to claim your rights and ensure your nephews’ welfare:

• Contact your nearest CWC or DCPU or Childline Service and inform them about your situation. Provide them with all the relevant details and documents regarding your nephews’ parents’ death, your relationship with them, your financial status, etc.
• Apply for custody or guardianship of your nephews before the CWC or the court having jurisdiction over your area. Attach all the necessary documents and evidence to support your claim. You may hire a lawyer to represent you or appear in person.
• Attend the hearings and meetings with the CWC or the court and present your case. You may also request for a home study or a social investigation report to assess your suitability as a custodian or guardian.
• If you get an order for custody or guardianship in your favour, follow all the directions and conditions given by the CWC or the court regarding the care and protection of your nephews. You may also seek assistance from the DCPU or the Childline Service for any support or guidance.
• If you lose the case or are not satisfied with the order, you may appeal to a higher authority within the prescribed time limit. You may also seek stay of execution of the order by depositing security or giving an undertaking as directed by the authority.

After sad demise of both parents, kids are in custody of paternal uncles. You are maternal uncle and father is maternal grandfather. Present custodians being paternal uncles, have preferred rights to take care of kids over relatives of maternal side. You can go adoption of both the kids but only with the consent of kids as both are above 5 and paternal relatives. Paternal relatives can adopt the kids without seeking any ones’ consent except the kids under Adoption Regulations. Properties in the name of deceased father  can be transferred/sold only with permission of Court. Any transfer of properties during minority in which the kids have interest can be challenged by kids when they reach age of majority.  Maternal relatives do not have much leverage over the lives of kids related to paternal side.

It’s better that you take custody rights from the court as per guardianship laws 

In the circumstances of your case, only the court can appoint a near relative as guardian for the minor children and for administration the estates of the deceased persons as custodian for the minors purely for their welfare. Any other close relative genuinely interested in the minors' welfare may apply to the proper court by engaging a competent lawyer for being appointed as the legal guardian.

After father and mother, court has to right to appoint guardian of the child and adoption.  Approach court for adoption. 

Any friend, relative, or siblings (who are not minors) of an orphaned child can approach a civil court by filing an application for appointment of a guardian and after appropriate scrutiny, the court would appoint a guardian by passing a final order.

You may note that you are not prevented from filing custody petition to take the children under your custody for the reasons that you rely upon in the interest of the children which is paramount , the court can appoint a near relative as guardian for the minor children and for administration the estates of the deceased persons as custodian for the minors purely for their welfare.

The paternal side uncles cannot sell the properties belonging to the minor children during their age of minority without court permission. 

Greetings of the Day,

I have read your issue but find that there are some facts which need to be clarified. You can approach on either nine two one two one two four five eight five or seven zero four two eight three three six eight six for personal approach.

We Hope that a personal consultation would be fruitful to the issue and it would be better for you to talk to someone directly.

Best Regards

SPS Law Chambers
New Delhi.

Dear client,  

When a child loses both parents, it's crucial to ensure their welfare and legal rights are protected. Here are some steps you can consider:

Guardianship and Custody: Typically, when both parents pass away, legal guardianship and custody of the children must be determined by the court. As an uncle and grandfather, you and your father have a legal right to apply for guardianship of the children. The court will consider what is in the best interest of the children when making this decision.

Child's Best Interests: The court's primary concern is the welfare and best interests of the children. Factors such as the children's age, their relationship with potential guardians, their emotional and physical well-being, and the stability of their environment will be considered in determining custody and guardianship.

Property Rights: The property that belongs to the children should be protected for their future benefit. Generally, the legal guardian of the children will be responsible for managing and protecting their assets. If you have concerns that their property might be mismanaged or sold without consent, you should raise these concerns with the court during the guardianship proceedings.

Consult with an Attorney: It's highly advisable to consult with a family law attorney in Tamil Nadu who can provide guidance specific to your situation. They can help you understand your legal rights, initiate the process of seeking custody or guardianship, and ensure the children's interests are protected.

Mediation: If possible, consider discussing the situation with the children's current caregivers (your sister's husband's family) to see if an amicable arrangement can be reached that ensures the children's well-being. Mediation can sometimes be a way to resolve disputes without going through lengthy court proceedings.

Sir/Madam, 

You are first suggested to confirm whehter the children are safe or progressing nicely. If not, you may file the case of child custody. Also, it is informed that the share of minor's can't be sold by their uncles.