Benami property bought in brother's name

the brother in whose name the property is purchased,  he may execute a gift deed in favour of his brother's wife.  it is a suggestion.

Benami property holding is not allowed in India now. If you mention the property as benami, then the government has full right to take it over as per the procedure of law.

Assuming the brother was a genuine buyer and now wants to transfer the property in the favour of the wife of the deceased, he can do so by way of a registered gift deed and paying stamp duty (which is lower as it is a gift to a relative)

You don't have to go to Court if there is no dispute. Courts exist generally to resolve disputes and in this case there appears to be no dispute.

actually other occupants reside in the other flats of the building and they are neither mutating their flats, nor paying taxes, nor showing either of us any proof of their ownership. hence, as the whole property is in his name in municipal records, he has to gift the whole property to us.