Father died without will

MY father Died in 1998 without any will...and have a property which he buyed and in which Currently my Mother and my elder brother resides...I do visit but not too ofen but I have possession too in the house....since there is a lot of disputes and my brother along with his local inlaws  wants to occupy the property ..me and my Mother have decided to file for Suit for Partition.(We belong to Hindu Sikh Family)

My Question is

1) Do we need to deposit the court fees Ad valorem to property price or not...since we all three( Me, my brother and Mother have joint and current possession)..The property is in Aligarh District UP

If not...then also the case will be at par effective and strong as incase we have deposited the court fees...or it will come under different section of law.

2) how much time can it take ?

3) who is legal heir of the propert if there is no will ?...is that my mother alone or we all three

4 ) since 2009 house tax / electricity bill contains my mother name alone  ...should I ask her(My mother) to make a Decree of my share in my name before filing a suit of partition....is that of any help ?

5) is she (My mother)authorized to make a decree in my Wife's name of her share ?

Kndly help as we are really tired up of daily mess and harassment my mother have to face...just bcoz she have to stay in the house to keep the possession.....PLs PLS pls help.



self employed

I too am interested in  knowing.



I am not sure about the court fees but as far as the property is concerned (presumed to be self earned and not ancestral), all three of you will have equal shares  ...( Class 1 Heir).........








Thanks a ton...I really appreciate your time and advise.




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