Us citizen - property disposal in india

The legal heirs of your deceased brother, i.e., his children are entitled for his share in the property.

If they don't cooperate for selling the property jointly along with you, then you can file a suit for partition and separate possession of your share in it 

Once court passes a judgement allotting your share, you can sell your share of property independently.

Ifully agree with the opinion and advise of learned expert Mr. T Kalaiselvan.

Your nephews have equal share with you, which cannot be sold without their consent, it will be advisable to involve them in the transaction to avoid any sort of litigation.

Dear Rangarajan,

Thank you for your query! I am Aadil and I will try to answer your question.

The short answer to your question is NO. The brother’s children are his legal heirs if he died after the death of your father.

The laws and regulations concerning the creation and execution of will are governed by the Indian Succession Act of 1925. According to this act, any person, irrespective of any disability like being deaf, dumb, blind, or ordinarily insane, may create a will provided that at the time of creation of the will, they are of sound mind and aware of the consequences of their action.

Assuming that your brother died after the death of your father, half the property was already under the ownership of your brother. After his intestate death, his property shall devolve upon his legal heirs, as per section 8 of the Hindu Succession Act, 1956. Here, his two sons are his legal heirs, and therefore the property may devolve upon them.

If your brother died before the death of your parents, then one of the legatee is now a person not in existence at the time of execution of the will, therefore you may receive the share of property that you were bequeathed to as per the will, and the rest of the property will be considered as residual property,and since you are the only surviving legal heir of your father, it shall devolve upon you.

I hope this helps. Thank you for your time and patience!

Regards,

Aadil