Transfer of property share after death of one member
There is a commercial property on my fathers(1/4 share) and two uncle's, one uncle owns 1/2 share and another uncle owns 1/4 share.
After my father's demise, his 1/4 share was divided equally among me, my mother and my brother, each having 1/3 share of father's share, i.e. 1/12 in whole property.
Couple of months ago my mother also passed away, and she has made a will in which she has mentioned to give away her 1/3 share to my brother. Till now my brother did not do anything to transfer my mother's share on his name. Now my brother has agreed to transfer his and my mother share to me, i.e. I will become the 1/4 share holder in the whole property.
I want to know, what is the legal and hassle free way to get my brother's and mother's share transferred on my name:-
1. Should we go with the will to builder and in court with which my brother acquires my mother's share and then he transfers his share to me
2. or should we not present the will and only show her death certificate, as a result of which my mother's share is equally distributed between me and my brother, i.e. each have 1/8 share, and then he transfers his share to me.
Now in both cases, I am not sure what the procedure would be and most important thing I want to know is:- are my two uncle's required to be present in person to sign at any stage when my brother transfers his share to me.