Nominee is only trustee for legal heirs 

2) on demise of your parents your brother one fifth share would devolve on his wife and children 

3) their consent is necessary to sell the flat 

Ask the SIL to execute POA in your favor than her presence will not required. POA can execute at Indian Embassy.

Deceased brother share will inherit in his wife and child hence, her involvement is necessary. And kids are minor, they can challenge the sale after becoming major, if their share sold without court permission.

Yes the process is correct but don't handover him the documents. 

Your sister-in-law and her kids ara the share holder in the flat and on behalf of the minor kids your sister-in-law has to sign relinquishment deed in favour of the persons who are selling the flat this is the only way out available if you are going to sell the property

See as per legal heirs of deceased brother they need to sign the documents of sale and for minor kids permission from district court needs to be obtained to sale the property.  

Well, nomination doe snot create title.

So the flat belonging to your parent on his/her death devolves upon his all children.

Now at the time of his death if your brother was alive then his wife and children his due share.

However if this brother died before the death of your parent then they do not have any sahre in it.

Presuming they have share in it then they can execute a POA sitting in abroad on which one of you who is mentioned at Attorney in the said POA can act or represent them in all the documentation while selling the flat.

Hello,

yes this is correct. NOC and legal documentation will be required from them. Ask your advocate if POA from the sister in law will work in this case.

regards

As per the law, a nominee of a immovable property is a mere trustee entitled to receive the money/proceeds receivable by a deceased person on behalf of his/her legal heirs. The nominee will be in charge of the property only till the court decides who is entitled to the property as per the succession laws.

So, all your brothers and legal heirs of your deceased brother would have to execute sale deed in favour of the buyer, after getting letters of administration from court.

Without consent of all legal heirs you cannot sell said property.. 

1.  SIL can give a POA duly endorsed by Dubai embassy /consulate, in your favor, wherein using the POA you can execute all the required documents relating to the sale /loan or whatever.

2. The kids are minor and not authorized to sign on any paper. However, using the POA, you will have to apply to court, for permission to sell property that also belongs to the kids, since they are the legal heirs of their father (your brother).

1. you and your brother were only nominees

2. you have not informed who are the original owners of the flat

3. on the demise of original owner, the nominee does not get any ownership right in the flat directly

4. if the flat was in the name of your parent then on his/her demise, it would go to his legal heirs, which would include your brother

5. however if your brother had predeceased the owner parent, then his legal heirs [i.e. sister in law and her kids] will have no claim in the flat

6. so kindly inform who the original owner was, when did he pass away and when did your brother pass away

Actually nominees are not the owners of the flat or property.

You  both are also legal heirs like other siblings.

For selling the property, all the legal heirs have to execute the registered sale deed jointly or else it will be invalid and an illegal act for depriving the rights of another person who is entitled to his/her legitimate share in the property.

If the arrival of your sister in law is getting delayed, you cannot do anything about it than to wait for her arrival or get a POA deed from her duly notarised by a notary of that country or by an official of the Indian embassy in anyone's favor in India to execute the registered sale deed jointly  on her behalf.

Dear client 

Yes this process is required if the property is ancestral and they are legal heir of the property the bank will ask for NOC from all legal heir for selling the property so that there would be no dispute in future regarding ownership of the property.

1. As per the information mentioned in the present query, makes it clear that tow were the nominees, but doesn’t make it clear as to which has been as deceased, whether the one with you as nominee or another one apart from living brothers.
2. Still, would make it more helpful to you for understanding, if the SIL is of the nominee wife then yes, she will have to come to India as she and her kids are legal heir for the half share in the property.
3. If not then she doesn’t have to come as she and other remaining do not have right in the property except the nominees.