Legal Heir - deceased and have not executed a will

Dear Client,
Your query potentially involves multiple question of law and facts that requires to be addressed as under. According to the Hindu Succession Act, 1956, the property of a Hindu male dying intestate (without a will) is distributed among his legal heirs, including his wife, children, and other relatives. Sections 8 to 13 of the Hindu Succession Act, 1956 lay down the general rules as to the order of succession of property when a Hindu male dies intestate. The property of a male Hindu dying intestate shall devolve (a) firstly, upon the preferential heirs, being the relatives specified in Class I of the Schedule; (b) secondly, if there is no preferential heir of Class I, then upon the preferential heirs being the relatives specified in class II of the Schedule; (c) thirdly, if there is no preferential heir of any of the two classes, then upon his relatives being the agnates specified in Section 12; and (d) lastly, if there is no agnate, then upon his relatives being the cognates specified in Section 13 of the Act. If none of the class I or class II or agnate or cognate is present the property of the intestate will devolve into the government by the virtue of the doctrine of escheat. Thus, the legal heirs of a married Hindu male having no family(wife and children) are his parents, siblings, and grandparents. So, brother being a sibling of your deceased uncle shall inherit the property in equal shares along with parents and grandparents (if they are alive at the time of death of uncle). If your uncle's brother wants to relinquish his right to said property, he can relinquish his right by executing a registered deed of relinquishment in favour of other legal heirs after obtaining title of the said property from the Court. As regards your Aunt's property who also died intestate(without any will), be informed that as per the Hindu Succession Act, 1956, the succession of the property of a Hindu female dying intestate depends on the source of acquiring that property, and her surviving heirs at the time of her death. Your query lacks the information about the source of property acquired by your deceased aunt which is crucial to address your query properly. However, be informed that according to Section 15(1) of the Hindu succession Act, the property of a female Hindu dying intestate shall devolve according to the rules set out in Section 16 of the Act, (a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;(b) secondly, upon the heirs of the husband; (c) thirdly, upon the mother and father; (d) fourthly, upon the heirs of the father; and (e) lastly, upon the heirs of the mother. As per Section 15(2)(a) of the Act, any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father; and as per Section 15(2)(b), any property inherited by a female Hindu from her husband or from her father-in-law shall devolve, in the absence or any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the husband. So, succession of property of a Hindu female dying intestate opens for the successors/legal heirs who are alive at the time of her death. Given the proposition of relevant law you should consult with a Sr. Advocate specialising in property law to understand your rights and remedies to navigate the issues effectively.