My grandfather were missing since last 30 years, the property(old patta) is on his name and elder son is paying the tax on behalf. my father's family consists of 3 brothers and 2 sisters. grand mother got expired 2 years back. and one of my father's brother is also got expired this year. this brother and family were the residents of the property, now they (Wife and son) moved out of the property and staying in another location. Now my father (elder son) is ready to share the property in to 5 equal parts. but the problem is, expired brother's family is not cooperating with this as they are not replying to any communication. what to do in this situation and how to proceed with this partition. we tried to send a letter from a lawyer to them to request their participation for the partition process and that letter got returned. they asked the postman to send the document back with 'person not available' note.
Visit their place personally and convince them to participate in the partition of the property, first of all you have to obtain legal heir certificate that you 5 were the legal heir (of your grand father) then file partition suit of the property.