Your brother's demands are legitimate and you must pay market rent to him as he has become the absolute owner of the property soon after the death of your father with a valid will.
Your father knows much about his sons and might have considered several things and rightly distributed his property.
My brother also running a fancy store in the same city. My dad clearly stated in the will that after his demise the entire property belongs to my brother & his son and they have the entire right to sell or lease or transfer the property.
The will comes into effect after your father's death and your brother has acquired legitimate and legally valid title through such will.
Now my brother claiming rent for my shop & my home?
Because he is having such rights and actual necessity, there is no illegal and unjustified claim by him.
He is also saying he wants money for her daughter marriage & his son higher studies.
You have accepted/admitted facts and not stated his need as false. This is in no way relevant to the query and it only shows your knowledge on his urgency.
So he want to sell the property within a year?
He can even sell this day itself because he has become absolute owner by virtue of the will by your father. You have got adequate time to plan for shifting as he has indirectly considered your need and wishes to sell after one year.
If i challenge the will in court, can i win the case sir.
Have you started on what grounds you are going to challenge the will . Without knowing your objections and going through will no one can express opinion about your success. You may have to wait for a decade for such judgment and winning a case is uncertain. If you lose the case you have to pay expenses and rent fixed by the court as you were in illegal occupation without any valid ground with such interest.
As he is a disabled person. One of my wife relative said that "as he is a disabled person its too hard to challenge by court- even if u challenge u have to give the rent"
No further comments on suggestions give by your wife relative.
What can i do if he directly made a sales deed without probating the will?
Who are you to do anything when he is selling his own property for his children's needs and urgency? Probating a will may not be necessary at your place. Who has stated to you that probation of will is necessary?
Now the main problem is that he claims rent from me!
You have all these years enjoyed the property of business and residence without rent. But when the real owner claims rent and that differently abled person has a real necessity for the expenditure to his children, what is the problem ?
Have you heard at any time of any brother occupying the younger disabled brother's property and considering that paying rent as a problem and not willing to pay any rent when such brother is really in need of money for his children. When you post something there should be honesty and justification in dealings. This forum is not meant to encourage litigation between brothers.
Can i continue my business in the shop & stay in the home without giving rent sir?
The law will never permit. Your own friends, relatives do not approve of your action against your own brother, your brother and his family forever be distanced from you and your family.
None of the members guide you to go any principles and values. The property legitimately belongs to your brother.. He is differently-abled. His necessities are genuine . You are a businessman and wanted to illegally occupy the house without paying rent to your disabled brother/owner and want guidance to continue the occupation of both shop and residence without giving rent and seeking
You can not expect such guidance from members as your motives are clear and there is no honesty and justification in your dealings. Life is not certain. Destiny plays its own course. Never, Never think of troubling/harssing poor and week brother in the name of litigation. Negotiate for a good rent and help him.
Read more at: https://www.lawyersclubindia.com/forum/can-i-get-a-share-in-my-father-s-self-earned-property-218068.asp