Once property is transferred on legal heirs name than you can go for relinquish deed. As the WILL was between two brothers so brother family will be legal heirs now. And you have to go step by step either produce WILL and take relinquish from brother family.

If you don't want to go for WILL than all legal heirs of father's will inherited the property and than ask all members to do relinquish deed.

In the relinquish deed stamp duty and registration charges will be very nominal.

Other than relinquish deed and settlement deed all other deeds has to pay stamp duty and registration charges.

Now you can ask all your family members want to go with settlement deed or partition deed or relinquish deed.

Best option is to apply for probate of father will 

2) your sisters and sister in law can execute consent affidavit that they have no objections to probate being granted in your favour 

3) in case deed of family settlement is executed you cannot include shop 

4) after deed of family settlement gift deed would be required to be executed to transfer flat in your name 

I agree It is necessary 

to draw up separate transfer of property documents in addition to the family settlement agreement—to bring about an actual transfer. This is where instruments like gift and sales deeds come into play”

Mere execution of deed of family settlement is not sufficient 

Additional instrument is necessary besides deed  of family settlement 

You can go with Relinquish deed by registering whole legal heirs name with or without WILL.

If you probate WILL now than your brother family legal heirs relinquish deed require.

If you don't go as per WILL as you have not probate till date than keep a side that WILL inherit property on all legal heirs name and than make relinquish deed of property on your name.

The relinquishment of property can only be done by someone who has a share in the property. In case there is more than one owner in a property, either of the co-owners can do relinquishment

On your father demise all 3 children ha e equal share in property 

relinquishment deed can be executed by other siblings for their one third share in property 

Yes, it's wording will be same like sale deed only but instead of sale transaction and title transfer same other legal heirs who has inherited the property share and the person interested in the property can have to property on name by transferring title rights and ownership as per transfer of property act.

1. The settlement deed is to be registered for the inherited property and in the given case, it will be negligible since it is within the family members.

2. The shop is owned by your deceased brother and sister in law. A gift deed shall have to be registered in case of dealing with it.

3. Getting the settlement deed registered amicably is the only way if you do not want to give effect to your father's will.

1. Your daughter in law and the legal heir of your deceased brother shall have to register the gift deed for the shop since it was owned by your deceased brother and his wife.

2. In case of the properties of your father, which has been amicably settled by all of you, a settlement deed is required to be registered.

It will be a settlement deed which is to be registered duly settling the properties in favour of the individuals concerned.

One can relinquish his share on the properties acquired/inherited by him from his parents/ancestors or jointly purchased/held with others.

In addition to deed of family settlement separate gift deed or sale deed would be necessary 

2) you can by pass deed of family settlement and gift deed or relinquishment deed or sale deed can be executed by your family members in your favour 

By virtue of Testamentary succession (Will), you and brother are co owners. Sisters disinherited. Probate dose not require. Shops and share in flat will inherit to his wife.

This is not a matter of settlement deed but release deed in case of flat and gift deed in case of shops.

1. Family settlement deed itself is a deed which conveys the title of the property settled. No further deed in this regard is required.

2. No. No tax is required to be paid for relinquishing one's property in favour of others.

Yes you have to pay for the stamp duty on the value of property for which you are making settlement deed.

No taxes are not applicable when a co-owner relinquish his rights over the property without consideration. This deed should be made as gift deed to avoid taxes.

Dear Sir,

In India, the distribution and inheritance of a person's property is governed by the Indian Succession Act, 1925. The Indian Succession Act defines a “Will” as the "legal declaration of the intention of a testator with respect to his property which he desires to be carried into effect after his death". In other words, it is a legal instrument specifying the method to be applied in the management and distribution of a person's estate after his death. Upon the death of the testator, a property is transferred/ devolves in favor of his/her beneficiaries as per the terms of the will.
 
There are certain legal instruments specified in the Registration Act, 1908, which require compulsory registration with competent authorities. Registering instruments that require compulsory registration as per this Act qualifies them as being valid instruments that are admissible in evidence in courts. Wills do not require compulsory registration per se under the Registration Act, 1908. Thus, even an unregistered will that has been properly executed is a valid instrument in the eyes of law.
 
The Delhi Municipal Act stipulates that in the event of the death of a person who is primarily liable for payment of property taxes as mentioned above, the beneficiary on whom a property devolves is required to notify the MCD about such devolution within a period of six months from the death. When giving such written notification, the beneficiary is required to produce documents proving devolution of the property in his favor. As evidence, a beneficiary can furnish the will either registered or unregistered as evidence of a lawful transfer of the property in his favor. 
 
However, as per a recent Circular released by the Government of Delhi, state officials have been directed to ensure that a beneficiary under an unregistered Will, now, mandatory obtains and submits a succession certificate/probate order to the MCD, in order to get the property mutated in his favor as well as for updating property records. On the other hand, a beneficiary furnishing a registered will is not required to additionally provide a succession certificate/ probate order. For the purpose of better understanding a `Probate Order' herein means  copy of a Will certified by Court of competent jurisdiction, which is to be treated as a direct evidence of the authenticity of a will thereby granting administration to the asset.
 
Hence in view of aforesaid, if your Will is unregistered, under such circumstances you will have to file an application under Section 276(1) of Indian Succession Act 1925 for seeking Probate orders. Section 276(1) of Indian Succession Act is reproduced here under for your better understanding:
 
1. Application for probate or for letters of administration, with the Will annexed, shall be made by a petition distinctly written in English or in the language in ordinary use in proceedings before the Court in which the application is made, with the Will or, in the cases mentioned in sections 237, 238 and 239, a copy, draft, or statement of the contents thereof, annexed, and stating—
 
a. the time of the testator’s death,
 
b. that the writing annexed is his last Will and testament,
 
c. that it was duly executed,
 
d. the amount of assets which are likely to come to the petitioner’s hands, and
 
e. when the application is for probate, that the petitioner is the executor named in the Will.
 
With respect to your second query, under Limitation Act no period of limitation is specifically prescribed for filing a probate application. Therefore, you can file a probate application without any charges, in case of delay. Even otherwise, if period of limitation was prescribed, even then also, you were not required to pay any extra charges. You were just required to file an application of condonation of delay, therein justifying the period of delay.
 
In reply to your third and fourth query, it is stated that, yes there is a Circular released by the Government of Delhi, wherein all beneficiary under an unregistered Will is now required to obtain and submit a succession certificate/probate order to the MCD, in order to get the property mutated in his favor as well as for updating property records. For the forgoing reasons, it is advisable to get the Will registered in order to ensure that the beneficiary gets the complete and legal inheritances of the property after the death of the Testator. 
 
Lastly, the procedure of filing a probate application is  stated as under:
 
The application for a probate under Section 276(1) has to be made to the competent court (a pecuniary jurisdiction may require a higher court to issue a probate for high-value immovable assets) through a lawyer. The application must contain the time of the testator's death; a copy of the last will; and the amount, title deeds and documents pertaining to the assets in question.
 
After receiving the application, the court issues a notice to the relatives of the testator to file their objections (if any), for the granting of probate of a will. A general public notice is also given in a newspaper.
 
If there are no objections raised and/or if the Court is satisfied that the Will in question has been validly executed, it will grant probate of a will only to the executor named in the Will.
 
The grant of probate of a will may be cancelled by the District Judges in the respective district, if:
 
a. the proceedings to obtain the grant were flawed; or
 
b. if the grant was obtained by fraud, ignorantly alleging an essential, or by making false suggestions; or
 
c. if the person to whom the grant was made willfully and without reasonable cause, omitted to exhibit an inventory of account required by law; or
 
d. exhibited inventory of account.
 
Usually, if no objections are raised, Probate can be granted within 6 to 9 months, but if objections are raised, then no time limit can be prescribed for same.
 
Furthermore, with respect to expenses, you would be required to pay a Court fees as mentioned in Section 19 -1 of Court Fees Act which is approximately 2% to 3% on the value of the property. Along with the court fee, you would required to pay the fee of lawyer which may depend upon the facts of your case.
 

As per your father's Will, the property was bequeathed to your and your brother, now since your brother is no more, his share in the property shall devolve on his own legal heirs i.e.,  his estranged wife.

The shop was on his name and his wife's name hence that cannot be included in the family settlement because that is his own property, and upon his death his wife shall acquire his share in the shop property and the business thereon, hence any claiming any share in the shop min any form by you or your sisters is not legally valid and you people are not entitled to any share in it as per law.

Now if you want this house property entirely on your name alone then you may have request your sister in law to execute a registered release deed  relinquishing her rights in the property in return to the consideration amount paid to her in lieu of her share in the property.

For this you dont require any family settlement deed, once she executes a registered release deed in your favor, you can get the property duly mutated on your name.

You are getting confused by complicating the simple things.

First of all you have to decide what and how you can get the proeprty transferred to your name without multiplicity of proceedings.

If the house property is the only thing that has to be decided, it is very simple that your deceased brother's wife shall execute a registered release deed in your favor, after which you can get the property mutated to your name, for this you dont have to pay any tax neither any income tax will be attracted to this.

However if your sister in law is taking any amount as consideration towards the relinquishment of her share in the proeprty then she may have to pay the long term capital gains tax in respect of her share ion the property.

If there is a relinquishment deed executed by your sister in law in your favor then there is no question of partition deed at all, hence you do not have to pay any stamp duty towards the partition deed

You have not correctly interpreted the quote you have furnished.

The relinquishment deed can be executed by the co-sharer in favor of other shareholders in the property.

In your case the property was bequeathed in favor of two beneficiaries i.e., you and your brother, now since your brother died, his share of property shall devolve on his wife.

Therefore he becomes co-sharer of the proeprty now.

Now she can transfer her share in the property to your name either by executing a registered release deed or by a settlement deed or by a gift deed.

But for making the gift deed valid she cannot take any money towards consideration, therefore you cannot show the money given to her if it is a gift deed.

As per your own statement your father bequeathed the property by  Will in your name and yor brother's name.

Hence your sisters do not come into picture to claim any share in the property.

Now this property shall be divided between you and your deceased brother's wife alone.

It can be amicably settled by following any one of the mode of transfer as suggested in my previous post.

You may discuss with your advocate and proceed instead of getting too confused over the simple issue.