All three brothers have inherited the property of their parents equally. And your husband 1/3rd share will inherit in you and your children. You have inherited 1/8th share in husband 1/3rd and rest inherited by your children.

Your husband was legal heir of your in laws and now you and your children are legal heirs of husband and will inherit his share. You can sell your and children 1/3rd share.

Two parties can sell their share. Apply for legal heir certificate. Or file partition suit in court to obtain order of partition and share in the property.

Your husband share in property of deceased parents would devolve on you and your children 

2) enclose death certificate of your in laws and husband 

3) apply for mutation of property in your name and your children 

4) you can file suit for partition for division of property by metes and bounds 

Issue legal notice to brother in law to claim share in property 

if he refuses file suit for partition for division of property by metes and bounds 

In such case you can sell your share but possession will be a difficult task therefore you need to move to court seeking partition of the property along with sale

 The estate of a deceased Muslim devolves on his heirs separately and the heirs are entitled to hold the property as tenants-in-common, each having a definite share in the property.

Per capita distribution of property is mainly followed by the Sunni Muslims. In per capita distribution, the property is divided equally among all the heirs. This means that the number of heirs of the deceased determines the amount of share for each heir in the property of the deceased. The branch of the family to which the heir belongs to does not influence the inheritance that he or she is subjected to receive.

Widows are also entitled to property in a succession as per Muslim law.

If the widow does not have any children, then she will be entitled to one- fourth of the property that her deceased would receive.

If the widow does have children or grandchildren, then she will be entitled to one- eighth of the share of her husband’s property.

The doctrine of representation is a principle in inheritance law which states that if an heir to an ancestor dies during the lifetime of the ancestor, but the deceased heir leaves behind living heirs of his or her own, then these heirs of the deceased heir will have the right over the deceased’s share in the ancestor’s property since they will act his representatives.

You file a suit for partition and get separate possession of your share in the property after which you can sell the property.

- As per Muslim Law, the right of inheritance of property comes only after the death of a person.

- Further, any child born into a Muslim family does not get his right to property on his birth. 

- Further, distribution of property Per – Capita distribution method is used in the Sunni law, and according to this method, the estate left over by the ancestors gets equally distributed among the heirs. Therefore, the share of each person depends on the number of heirs. 

- Further, there is no distinction between the right of men and women; each has right over the said property. 

- However, a female will get half of the male share. 

- Further, out of 100% share, share of mother will be 12.5%. and the remaining 87.5% will be distributed between sons and daughters. .

- Since , your Saas & Sasur has already died, then their property would be devolved upon the legal heirs ,i.e. their sons equally i.e. 1/3 of the property in the absence of any daughter. 

- Further after the death of Sons , their respective 1/3rd share will be distributed amongst their respective legal heirs. 

- Similarly , after the death of your husband his 1/3 rd share would be devolved upon you , son and daughter i.e your share 12.5 % , and the remaining 87 % will be distributed between your son and daughter but daughters share will be half of the son.

- His brother has right on his only 1/3 of the property , and cannot take others share 

- If he refuse to give the share of your husband to you , then send a legal notice , and if no response, then file a suit for Partition and Permanent Injunction before the court ,for getting share and to restrain him from selling any portion of the property without your consent. 

File partition suit before civil court and claim your deceased husband equal share . 

Property in sunni muslim law is divided as per the sharia. The share of each and every individual is fixed. You children will get a share. You are not entitled to any property.

You cannot sell the house unless all the shareholders consent to it.

1. Yes you can claim share of your husband from property of your saas and sasur by Filing partition suit against other legal heirs.

2. After getting share of your husband you can sell it to purchase other property.

Madam,

You have the right on the properties and you are suggested to file the partition suit go get your share done on your name. Then, you will be able to do with your property as per your wish. 

1. As per the information mentioned in the present query, makes it clear that there has been an issue of consent rather the mutual sharing of all.
2. I would like to apprise that when more than one party has interest in the common property then consent of all become necessary.
3. There must a consent from the not ready party also to make it a legal sale consideration and to avoid any in wanted future litigation.