1.  To claim Title-Ownership of Deceased's property (IF there is no WILL), you will have to obtain a "Letter of Administration" from the HC, in your favor.  ONLY "AFTER" this, you would be legally entitled to Sell /Transfer /Gift /Will /Donate /Mortgage the property, BUT only after clearing ALL outstanding dues relating to the deceased's property.

2.  A "Surviving Member Certificate", is of no importance when it is used for claiming immovable property.  However this certificate can be used for authentication purposes while applying for "Letter of Administration", in the HC.

3.  The Fees for the above, depends on the valuation of the property and the lawyers fee structure.

You will have to file for grant of letters of administration in civil court having testamentary jurisdiction in order to inherit the property and to sell it afterwards. 

Below is the list of documents required for applying for the letters of administration:
(i) Death certificate
(ii) Pan Card of all the legal heirs .
(iii) Ration card of all the legal heirs.
(iv)-Prescribed petition  by affixing a court fee stamp.

Court fee would be 1% of the value of the property.

It can be used to inherit movable properties like bank accounts etc.

After transfer of property in your name, you'll have to pay the arrears of property taxes in order to get the property mutated in your name.

1) you can apply for and obtain letters of administration from district court as your brother died intestate 

2) enclose brother death certificate 

3) schedule of property 

4) if there are no objections you would get LA in 6 months 

5) then apply for mutation of property in your name 

6) you can sell the property after mutation is done in your name 

The property of your brother shall go to class 2 heirs which come after his wife and children which do not exist.

File a declaratory suit and on the basis of that the property can be mutated in your name.

Regards 

Dear Client,

First if all, you have to get transferred the share of your deseased brother in your own name. His will also transfer if you have any living sibling and mother. Only after that, you will be legal owner of the property. 

1. As per Hindu Succession Act, the Legal heirs will have to obtain a Succession Certificate from the Court/Letter of Administration , if there is no WILL by the deseased.

2. Succession Certificate, and your address & identity proof

3. Court fee generally 2% of the value of the property or as per discretion of the court at the time of granting of succession certificate.

4. with the help of Surviving Member certificate , you will get court order promptly without any hurdle.

5. After getting court order , you should deposit the MCD Property tax in your name and further apply for mutation of property in your name.

Sir, if you are a hindu, Hindu Succession Act, 1956 shall apply for you. As per the act if a person dies without making any will his property shall devolved upon his Class -I legal heir which means son, daughter, mother, wife... in equal proportion and if none of the class- I legal heir is alive then the property shall devolve upon firstly upon Father, if father is not alive then brother shall be entitled.

So, in your case, if your deceased brother is unmarried then your father shall be entitled to his property and even if your father is not alive then you all remaining brothers shall be equally entitled.

You have to file a Succession petition under Indian Succession Act in the Civil Court. For that you would need death certificate of your brother, his Identity Card, some proof of your relation etc. 

please contact a local civil lawyer. 

You have to get legal heirs certificate from tahsildar office and than proceed for mutation papers on your name.

Dear Madam / Sir

You haven't mentioned how this property was acquired. Though inheritance or self acquired. 

As per your knowledge your brother hasn't married. Your information also states it is not willed. 

Make sure he hasn't gifted it to anyone. 

You haven't made clear, whether you are the sole surviver etc. 

How come no action taken by mcd. Whether the registry papers are there or power of attorney? 

1. You need to get mutation of the property in your favour.

2. You need mutation of the property in your favor.

3. The fees won't be much , though it depend upon state to state.

4.Based on same you can get mutation in favour and register property on name of buyer.

5. You need to get previous mutation done first in brother name then to your name.

You need to apply file the said application in sub registrar office with the noc of the other heirs

Dear Sir,

Succession Certificate is granted in favour of the legal heirs of the person dying without Will Deed. It is granted by the Court so that the heirs can claim the securities, bank account and other movable property along with the debts left behind by the deceased.

What is Succession Certificate?

This certificate authorizes the heirs to get assets or securities transferred in their names. Along with the assets, the successor has to take responsibility and liability for clearing any debts or security attached to the property.

Indian Succession Act governs the procedure and lay down the mandatory requirements for Succession Certificate.

How to Obtain?

In order to obtain a Succession Certificate, Application is required to be filed in the Court of District Judge of competent jurisdiction which can be the place where the deceased person ordinarily resided or where the immovable property is situated.

Mandatory Details To Be Mentioned In Application For Certificate

The particulars to be specified in an application for a certificate are specified under Indian Succession Act, and every application requires to be signed and verified in accordance with the provisions of the Code of Civil Procedure applicable to plaints. As the application now partakes of the nature of a verified plaint, great care should be taken to insist on its being properly and concisely drawn up.

Following information must be mentioned in the application:-

• The name and relationship of the person requiring this certificate.
• Names of all heirs and close relatives of the deceased,
• Details about the time, date and place of death should be mentioned in the application.
• Copy of the death certificate need to be filed along the application.
• Details of the immovable properties for which Certificate is sought.

In case legal heirs are residing in outside India : Application can be filed through Power of Attorney also and the personal presence of individual before court is not required for the purpose of obtaining Succession Certificate.

Newspaper Publication informing the Public at large

Once the application for succession certificate is filed the Court will issue notice to all the legal heirs and close relatives, so that anyone having any objection in grant of Succession Certificate in favour of Applicant can raise objection.

Similarly, Publication of the notice in newspaper to inform public at large about the application for issuance of succession certificate can raise objection. After newspaper publication court waits for 45 to 60 days before granting the Certificate. If no one contests the application on the expiry of this period, the court passes an order for issuance of succession certificate and if any objection is raised, the Court will first decide the objections and then proceed further.

Extension of Succession Certificate

The Court can extent the Succession certificate to any other immovable property of which the applicant was not having knowledge at the time of filing of the application.

Court Fees

The court levies a fixed percentage of the value of the securities/movable properties as court fee for purpose of issuance of the certificate, and the same is required to be paid at the time of grant of Succession Certificate by Court.

Security from the person to whom Succession Certificate is granted

That the person to whom the Court proposes to grant the Certificate shall give to the Judge a bond with one or more surety or sureties, or other sufficient security, for rendering an account of debts and securities received by him and for indemnity of persons who may be entitled to the whole or any part of those debts and securities.

You are class II heir of your brother. Since no class I heir is alive, property will inherit in you. You may require Legal heir certificate as a proof that you are only heir of deceased brother.

You can sell even now, if buyer dose not demand LHC.

Nominal fees for LHC.

Surviving Member Certificate is equivalent to LHC. On the basis of it, property will transfer in your name in MCD records. 

You need legal heir certificate from tehsil where your brother was residing before his death

You need to mutate the property to your name before selling the property.

The surviving member certificate can help you in obtaining legal heir certificate and succession certificate.

1. On the intestate demise of your brother his property devolved on his siblings if his parents predeceased him.

2. You have to apply for transfer of mutation of inheritance of the property. Once this is done you can sell  the property being its absolute owner.

3. Apply for mutation of inheritance on the basis of death certificate of your brother, parents and your own documents of identity.

1.  As per law, you and your other siblings who survived your brother's death shall become class II legal heirs to succeed his estates as successors in interest.

You cannot get a legal heirship certificate for class II legal heirs from the revenue department, hence you may have to approach court of law with a declaration suit to declare the class II legal heirs of your deceased brother.

After obtaining the decree from court  you can go for transfer of revenue records to your name which will make you the owner of the property enabling you to sell the property.

2.  First follow the above procedure after which you can think about selling this property.

3. You can enquire the same from your advocate about it.

4. If you are able to proceed to transfer the property to your name on the basis of the surviving member certificate, you may go ahead.

5. Property tax have to be paid since the day it has not been paid, mutation of revenue records is equally important.