1, the party concerned does not belong to the legal first heir of the elder brother's estate;
2, under the premise that the elder brother did not leave a will to show that he was inherited by the parties concerned, he could not inherit the inheritance (let alone inherit while the elder brother was alive).
A, "People's Republic of China (PRC) inheritance law" provisions:
Article 2 Inheritance begins when the decedent dies.
Article 5 After the beginning of inheritance, it shall be handled in accordance with legal inheritance; If there is a will, it shall be inherited or bequeathed according to the will; If there is a legacy support agreement, it shall be handled in accordance with the agreement.
Article 10 Heritage shall be inherited in the following order:
First order: spouse, children, parents.
The second order: brothers and sisters, grandparents, grandparents.
After the inheritance begins, the successor in the first order inherits, and the successor in the second order does not inherit. If there is no successor in the first order, it is inherited by the successor in the second order.
Children referred to in this Law include children born in wedlock, children born out of wedlock, adopted children and stepchildren with dependency.
Parents referred to in this Law include biological parents, adoptive parents and step parents who have a dependency relationship.
Brothers and sisters referred to in this Law include brothers and sisters of the same parents, half-brothers, adopted brothers and sisters and stepbrothers and sisters with dependent relationship.
Second, the provisions of the People's Republic of China (PRC) Property Law:
Article 6 The establishment, alteration, transfer and extinction of the real right of immovable property shall be registered according to law. The establishment and transfer of the real right of movable property shall be delivered according to law.
Article 9 The establishment, alteration, transfer and extinction of the real right of immovable property shall take effect after being registered according to law; Without registration, it will not take effect, except as otherwise provided by law.
Natural resources owned by the state according to law may not be registered.