Land transfer

where is the property situated?

Your Aunt (father's sister) is legally entitled to 50% of the property.  YOU CANNOT DENY HER LEGAL RIGHT.  She is right in not agreeing to give signature, without getting her due.  Your father and mother agreeing to give their share (50%) to you has no relevance and meaning.  If your Aunt does not want to give, she is legally right in refusing to give.

YOU HAVE NO OTHER GO, THAN TO GIVE HER DUE.  EVEN IF SHE DIES, HER CHILDREN WILL GET THE SAID RIGHT.  THEREFORE, BETTER NOW ITSELF GIVE HER SHARE.

Which personal law applies in your case e.g; Hindu or are you all Hindu?

As per your post the grandfather is paternal.

You are male or female?

Are you married?

What is nature of said land; agricultural, urban, rural?

IT is in which state?

What is date/moth/year o death of Grandfather?

The land was elf earned/acquired, or ancestral in the hands of Grandfather?

Was mother, of Grandfather alive as on date of death of grandfather?

How many sons, daughters your grandfather had?

Confirm!

https://www.lawyersclubindia.com/forum/Land-transfer-160035.asp

Generically Speaking:

Succession opens on date of death.

In case of Hindu male dying without leaving a valid WILL and leaving un-disposed property/estate the 1st right is of ClassI legal heirs i.e. Mother (if alive as on date of death), Wife (if alive as on date of death),  sons, daughters…………..

The authority under whose jurisdiction property falls say;MC, has a set procedure for such matters if NO WILL has surfaced; ‘Intestate Succession’…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements…………….

Thereafter concerned official in the O/o Authority e.g; Patwari, shall act upon the matter and transfer the ownership by inheritance in the name of legal heirs in mutations records.

In this case your father was NOT sole surviving (ClassI) legal heir since he has sister,  therefore he alone could not get the entire property…transferred in the name of your grandmother until or unless ………….your father and your aunt signed say; some NOC as per some local precedence/revenue code/rules/law  or relinquishment/release/transfer/gift deed in favor of your grandmother……

Thereafter obtain copy of mutation records with all link docs and check how the property was transferred in the name of Grandmother alone.

Believing that the said transfer was valid………..

In case of deceased Hindu woman dying without disposing her estate/property in her life time by a valid/registered deed ClassI,II is not applicable rather nature and source of property matters.

If the property is self acquired/earned/absolute in the hands of Hindu woman the 1st right is of her husband and sons, daughters…………

If property is acquired from husband side and 1st right is of her sons, daughters…………

Thus your aunt has equal share……………alongwith your father.

She cannot be completed to give away her share……

She can dispose her share by her free will in anyone’s favor…by her sweet will.

If you are inclined to get the entire property offer suitable consideration to your aunt and she may agree.

Before jumping to litigation preferably discuss your own very able senior LOCAL counsel of unshakable repute and integrity specializing in Civil matters and having successful track record.

Your grandfather has two legal heirs i.e. your father and aunty. Your father can transfer his share of property in your name. Your aunty has right over the property so if she is not willing to transfer her interest then whole property cannot be transfer in your name.

Subsequent to posts by members/experts now if there is anything that you wish to discuss you may revert.