our mother died recently living behind her immovable property without any will. She has a son and a daughter.
Our father, 80 years old now, married another wife 40 years ago and never lived with our mother. He lives in the same city but at a different house and owns a lot of properties himself (which he always wrote to his second wife name). He also has a daughter from that marriage.
My brother and I are trying to figure out how to transfer my mother's property to our names without involving our father and without his name.
My mother never got divorced or took any legal action against him.
how can we get legal heir certificate without our father's name?
where should we apply for legal heir - mother's thaluk or brothers thaluk?
how can we get succession cert without our father's name? Is this possible?
Is it okay to occupy and run the rental business at our mothers property? Or can the father claim it or file a suit against the children? Can he file suit to get rental income?
We can prove he has second wife and child, from their Adhar cards. He is rich and has contacts. So we are worried he can remove us from our mother's property or legaly somehow claim it!
Please let me know what we should be doing to protect the property, run the rental business and for future selling how to transfer it?