Son can execute gift deed for his share in property 

his ex wife has no share in property 

his son has no share in property during his lifetime 

1. Registration of WILL is not compulsory and even an unregistered WILL will have the same legal validity as that of a registered WILL.

2. If the property has not been distributed between the two brothers based on your father's WILL, let your brother execute a registered Release Deed relinquishing his share of the property in your favour by getting the Release Deed registered in the jurisdictional Sub Registrar's Office.  However, if the property has been partitioned as per your deceased father's WILL, i.e., Upper floor to you and lower floor to your younger brother and the partition deed registered in the jurisdictional Sub Registrar's Office or in the jurisdictional Corporation/Municipal Office, then your your younger brother may execute a registered Gift Deed in your favour.

3.  Your younger brother's wife and/or his son will not have right over the property after the transfer of property in your name has been effected by the execution of registered Release Deed or Gift Deed by your younger brother. The reason for this is, the property in your younger brother's hands will be his separate property having the characteristic of self acquired property and being the owner of self acquired property, your younger brother will have independence to take any decision regarding the property, including transfer of property in your name either by executing a Release Deed or Gift Deed, as the case may be.

Thank you.

Dear Sir,

 In the hands of your younger brother it is his self acquired property as such nobody can claim over it as ancestral property. It can be given to you in any known mode of transfer.

The property bequeathed in the Will shall become the absolute property of the beneficiaries of the Will, upon enforcing the Will.

Therefore the beneficiary who is acquiring his share in the property bequeathed in the Will shall become the absolute owner with clear and marketable title to  his share of property.

Nobody including his son cannot claim any share or rights or interest in that proeprty as a right at least not during the lifetime of the said beneficiary.

Therefore is your brother wants to transfer his share in the proeprty he may execute a registered gift settlement deed in your favor after which you shall become the absolute owner of the entire property.

His ex-wife is not having any rights over  his property even after his lifetime after the marriage between them  was dissolved by a decree of divorce through a court of law.

Your father's Will is legally valid, though it was not registered. As both you and your brother inherited your undivided share of your father's self-acquired property through his Will, no one can legally dispute your title. Your brother shall be very well within his rights to transfer his entire undivided share in your favour by means of a gift deed or Will. Rest assured that there is no question of inheritance by anyone claiming through your brother.

Get the WILL approved through the Court. Include  ex wife son as a party. Issues will be resolved.

Regards 

G.Rajaganapathy 

High Court of Madras 

Dear Sir,

1) The property inherited through will, is considered to be the self acquired property of the son.

2) your brother can execute a sale deed or gift deed in your favor.

3) The ex wife has no rights to the property of the brother.

4) The son of brother cannot claim part of the self property of brother while he is alive.

Thank you

Dear Querist

My opinion on your queries are as under: -

Can my brother transfer his part of the share to me If he does, and later on, will his son or divorced wife have a right to stake a claim under the pretext of inherited property?
Opinion: - Your brother has all rights to use, transfer or sale that property and nobody can restrain him to do so.

what are the steps to be followed to ensure no legal hassles in the future.?

Opinion: - Registered Sale Deed or registered Gift deed has the option, if your brother wants to transfer the property then he may use any option 

Feel Free to Call

1. Has the said will been probated?

2. If not your step brother or his wife/children, can claim share on it some day. 

3. If the title of  your brother's share of your deceased father's property is legally established, then neither his son or his divorced wife  can raise any claim thereupon.

4. However, in case of his death without transferring the title of his said share of the property, his son will inherit it as per law.               

- Yes, your brother can transfer his share in your favour as after receiving the said property it will considered as his self acquired property as well, and none having right to claim over that transfer. 

- Your brother can execute a registered Gift deed or Relinquishment deed in your favour , where it must be mentioned that it is his self acquired property and due to that none having right to revoke this deed. 

Hey,

The registration of a will is not mandatory. If the property has not yet been divided post your father's death in the revenue records by approaching the courts and validating the will, then you can get a relinquishment deed registered from your brother. Your brother's son or wife won't have any say or an opportunity to raise disputes in future as it is a self acquired property. 

1. Your brother is free to gift his share to you through a gift deed to be executed by him.

2. His legal heirs have no share in his property. So they cannot challenge the alienation made by him as well.

3. Get a flawless gift deed drafted by your lawyer.