distribution of property after death of father and mother both between two brothers

Which personal law applies in this case?

Or are all involved Hindu?

The said property is agricultural land, rural, Urban, or it is a building?

Have the deceased i.e. father, mother, left any valid WILL?

As per your post IT seems that there are no daughter/married daughters!

The property is in which state?

How are you related with the matter?

Confirm!

It is mandatory to probate the WILL in the areas of Bombay, Calcutta, and Madras.

It is not mandatory to probate the WILL in the area of Delhi. It is not mandatory to register the WILL.

The WILL should just be valid. Unregistered WILL can be acted upon.

The last valid WILL prevails.

The authority under whose jurisdiction property falls has a set procedure for such matters if NO WILL has surfaced; Intestate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Death certificates, legal heir certificate/affidavit (per local procedure-precedence) are basic requirements. Then authority shall act upon and transfer the ownership in the name of legal heirs. Obtain copy of updated mutations records showing share of legal heirs. This grants rights equal to that of owner to legal heirs. All legal heirs are at liberty to relinquish/release/transfer/gift/sell their share in anyone’s favor.

The authority under whose jurisdiction property falls has a set procedure for such matters if the WILL has surfaced; Testate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the WILL, death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements. The authority may ask for NOC from legal heirs (other than beneficiary) and/or to release newspaper advt and/or may write to legal heirs to submit their objections if any within set time.

If there is NO contest to the WILL by any legal heir then authority shall act upon the WILL without any cloud on it and transfer the ownership in the name of beneficiary.

If WILL is contested it lands up in probate court of pecuniary jurisdiction. The court shall decide on validity of WILL.

The legal heirs may also consider perspective of registered  family settlement ( with boundaries) after the WILL and register it.
 

Check locally and comply with procedure. Thereafter concerned official in the O/o Authority e.g; Patwari, shall act upon the matter and transfer the ownership by inheritance/probate in the name of legal heirs in mutations records.

Thereafter obtain copy of updated mutation records.

Thus legal heirs attain the rights equal to that of owner and can act like owner..

Per local rules/precedences/facts of the matter NOC/consent of legal heris may be required.

Preferably proceed further under expert advice of  your own very able LOCAL senior counsel of unshakable repute and integrity specializing in civil/ matters and well versed with LOCAL applicable rules/laws and having successful track record…. and worth his/her salt..and your counsel  can advise you in person and even handle the matter to defend your interest.