The ancestral property will get transfer on deceased brother's wife and daughters name as a legal heirs. The Indian succession class I heirs list.

On death of  a male heir i.e. brother in this case his half share would devolve upon his widow and children. Only of he dies without any heir then only his brother would have inherited his share. 

Inheritance takes effect by operation law. However to demarcate the respective share a deed of partition can be executed. 

You need to apply in the gram panchayat office along with all documents of property papers and deceased brother's death certificate and identity proof of all legal heirs brother wife and daughters.

The property that has been left behind by the deceased owner shall devolve equally on all his legal heirs. 

In the event of any legal heir is reported to have predeceased then his share of property shall devolve on his own legal heirs namely his wife and children. 

Nobody else can claim any share in the property other than the actual legal heirs. 

A partition deed on the amicably agreed conditions may be drawn dividing the property on the basis of agreed conditions. 

Once the partition deed is registered then along with a copy of the same an application may be submitted to the revenue department for mutating the property. 

Kindly clarify on what basis you say it is ancestral property 

it would devolve on his wife and children 

brother has no share in property 

Apply for mutation of property in name of legal heirs 

enclose death certificate of deceased 

latest receipt of payment of property taxes 

if no objections are received mutation would be done in name of legal heirs 

Ancestral property is defined as the property whose title has not changed for last 4 generations i.e. from great grandfather to great grandson without being interrupted by any partition/settlement/sale/gift deed or will. If it is not so, then it is not an ancestral property.

If the property was in the name of two brothers then ,it may not  be comes under the head Ancestral property. As per the Hindu succession act  the right over the property of deceased brother automatically transferred to his legal heirs(wife and children). for that purpose no document need to be prepared. But the same time mutate the property in their name. file an application for the same before Tahazil office

Dear Querist

As per the Hindu Succession Act-1956, the wife and children are the co-sharer of the property of the deceased if died intestate. hence the wife and the daughter of the deceased shall be the legal heir of the deceased along with the mother of the deceased if alive. Brother has no right over the property of the deceased.

if the daughter is also willing to give her share to her mother(wife of the deceased) then she may execute a relinquish Deed in her favor and then the only the wife can be the absolute owner of that property and not otherwise.

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They can execute a registered partition deed or settlement deed between themselves if not agreed then you need to file partition suit before court

the share devolves on the legal heirs of the deceased brother

documents required - 

death certificate

legal heirship certificate or letter of administration

registered transfer deed in favour of legal heirs if LA is obtained

sir 

I think you have already been advised about the process so I will tell in short.

two brothers inherited the property and they shared between them. now one brother died. if he has no wife son then you will get it being the only real brother. if he has wife son then it will be divided in wife son daughter equally.

now if you want to get it transferred in the name of the wife of deceased then you have to file a probate case in the state where the property is situated. then the court will give the order in her favour and then she or anybody else can get the property transferred in their name.

some advocates or other persons may tell you to get a legal heir certificate from SDM office or from somewhere else however it is not sufficient to get the property transferred. death certificate and your identity cards are the required documents along with the property details.

good wishes to you

suggesting you to go for probate and get court order

- As per law, after the death , his property would be devolved upon the legal heirs equally i.e. wife and children 

- Hence his wife will have her respective share equal to her children if any.

- Further, the children can release their shares in favour of mother after executing Relinquishment deed. 

- Then mother can apply for getting mutation in her name after submitting death certificate of husband and release deed of children.