On demise of brother his 50 per cent share would devolve on his wife and daughter 

2) I presume your mother predeceased your brother 

3) apply for mutation of property in name of legal heirs 

4) then sell the property 

Lthe class 1 legal heirs of your brother will have to apply for letters of administration from testamentary code in order to declare them as the legal heirs of your brother and to transfer the property in their name.

After that, they can execute relinquishment or gift  deed in your favour.

If they are willing to execute Registered relinquishment deed to relinquish their share in property then go for it .

you can then sell the property 

Getting registered relinquishment or gift deed is optional as the sale can be done where in you, your sister in law and her daughter (if major) can execute the sale deed in favour of the buyer.

See for brother share his wife.,mother if Alive and daughter are legal heirs they have sign the deed.for brothers share.

Further if daughter is minor then for daughter permission from court is required.

See for relinquishment deed can also be done if they relinquish in your favour you will be absolute owner after that you can freely sale. But for relinquishment deed also there will be stamp cost.

Hi,

If they are giving relinquish deed you may become the absolute owner of the property and you may sell as per your wish. In other circumstances, the property will be sold jointly.

They are right full heirs there signatures are must in sale deed or relinquish which ever way you opt for.

NOC will not serve the purpose. Rather you may get POA from them.

Mere NOC is not sufficient . Need registered gift deed or relinquishment deed by wife and daughter 

No. Buyer would not agree to it at any cost.

1. Since the property is jointly owned by you and your brother , on death of your brother his widow and daughter has inherited his half share having 1/4th share each while remaining one half will remain with you.

2. So while selling the property you need consent of both your SIL and your nephew.

3. Now any of you can transfer your respective share by way of deed of gift or deed of relinquishment in favour of another.  

Your Brother wife an his daughter are legal heir for your brother. So they have to sign the registration papers. 

You can sell the same after getting noc from his wife. 

You cannot sell the entire property, you can sell the share of property that belongs to you alone, for that you may have to identify your share of property.

You may enter into a partition deed with your sister in law for half share of property to you and rest half to her and to her daughter.

After that you can sell your share of property.

She cannot execute a relinquishment deed especially on behalf of the minor daughter.

She can execute a registered gift deed to you in respect of her share in the property alone, her minor daughter's property cannot be disposed by her.

She has to obtain permission from court for the same

on demise of your brother his wife, son, daughter and your mother is class 1 legal heir,  without consent of legal heirs you cannot sell entire property. 

It will not be possible for you to sell the entire property by just obtaining NOC from them.

There is no provision in law for that.

after executing relinquishment deed then you can sell. 

your brother's wife and her daughter are the equal owners of 50% share of the property after the sad demise of your brother,

if they are ready to relinquish their share by way of registered relinquishment deed, you can move ahead and sell the property

This is my response to you:

1. You will need the release deed;

2. This will incur nominal stamp duty and less registration fees;

3. Consult a local lawyer and take steps.

Dear Sir,

For transferring the property in your name you need to obtain a relinquish deed from your sister in law and her daughter.

Relinquishment deed is a legal document/instrument where a person legally or formally gives up or releases his legal rights of the said property being relinquished in the name of some other person. This is one of the modes of transferring rights of an immovable property.

They both will inherit brother half share. They can give you POA to sell the property.

1. is your sister in law and niece claiming anything from this property for their share which devolved on them from your deceased brother?

2. if yes, then go for a release or relinquishment deed

3. if no, then go for a gift deed

4. alternately they can also be joined as confirming parties in the sale deed between you and your buyer, provided your buyer is ok with this

Take NOC from the wife of the brother and thereafter you may sell the land 

yes it is possible to sell the same with NOC but you may once check the same with the local lawyer.

Regards

Dear Client 

While selling the plot you need legal heir Certificate from tehsildar for your brother wife and daughter, death Certificate of your brother and consent of selling from both legal heir of your brother.

1. As per the information mentioned in the present query, makes it clear that your elder brother has expired without living any Will.
2. Firstly, wire and daughter would have to take the succession certificate from the court of law.
3. Then they would get their portion as partitioned before the court of in order by the court.
4. Thereafter, they will have to execute a release/ relinquishment deed in your favour.
5. NOC won’t work here as they have legal title over the property and the same can be waived off by way of any registered deed like gift or release deed.