Sir, Initially you wrote: "28 oct,2010 both judicially and in newspaper notice due to his bad deeds", now you are clarifying "judicially by magistrate....". I will tell you the law, if i am wrong, other persons of LCI who are also reading it will correct me. There are two types of Judgments: in personam and in rem. Judgments related to Succession rights are "in rem" judgments. Only Civil Courts are permitted to pass these judgments. A Magistrate can ask your brother, not to disturb your father, nothing else. Same order can be obtained from a Civil Judge/ Munsiff also. Do not disturb order is not Disinheriting your brother. Each person takes birth with certain rights, which cannot be disinherited. It is told that, self earned property can be given away as we please. But if our children are determined to challenge that, and prove that only to do injustice, the self earned property was sold/ Willed away, the receipient have to return that to the right owner, the children.
No order of In Rem Status could have been passed in your case.
Any way, that is entirely different question. If you have an order saying, your brother lost his Rights in all the properties, that is different. Unless you have that, you are bound to give your brother's share in the properties to clear his debt.
One more point: even if you have such an order of denying his right to the properties, if that is not passed after hearing him and his children, you will not get any benefit of that judgment.
My intention to answer a question is to give life to the parties. First clarify, whether there are girls/ females, especially unmarried sisters. If yes, once more approach the Magistrate court to obtain an order that, those who are demanding money will not come to the house, to protect the welfare of females.
Any way, the CIVIL Case aspect, i will not advice you to deny money/ share on loop holes, reason is, to do that you will have to give Advocate fees, bribe to court staff, Police etc; ultimately one day a bold judge will tell you to give that share or amount. Eventhough Law is blind, some judges are not blind. Judges are also coming from similar families like ours, and are not orphans like James Bond 007.
3.30 pm of 15-9-12