These cases are very common in various Courts of India. I can understand your concern in this regard.
Recitals of the documents wherein it is mentioned that it was joint owned property / co owned by the parties is to be examined and also whether any specific share is mentioned therein is to be looked into. Your 2nd deceased sister's children can claim the share.
According to the 2005 modification to the Hindu Succession Act by the Supreme Court, girls are entitled to the same property as their sons. Daughters are granted birthright to their fathers’ or their ancestors’ property under this act.
Please note that Hon'ble Supreme Court has held that a co-owner of a non-partitioned property cannot transfer the entire property without getting his share determined and demarcated to bind the other co-owners.
A partition suit is a judicial action brought before a court of competent jurisdiction to divide jointly owned property. Legal Notice can be sent to the concerned parties at present through Advocate. A legal notice is a formal, written communication that informs the recipient of a legal matter or issue. It is typically sent by an individual, company, or legal representative to another party, outlining specific claims, demands, or intentions. Legal notices are often the first step in resolving disputes or enforcing legal rights before escalating matters to a court of law. It can save time, money and efforts with fruitful discussion on both side. However, if the issue is not resolved, partition suit is to be filed. Detailed discussion is required in such cases with complete details/documents.
You may contact my secretary to connect with me for clarification.
Gopal Verma
Advocate-on-Record
Supreme Court of India