Grand fathers property rights

Your brother has married after death of your father?

Your brother is alive?

Ancestral Property; Property that is four generation old ………in other words  property acquired by the Hindu great grand father, which then passes undivided down the next three generations up to the present generation of great grand son/daughter.

Self acquired property can become ancestral property if it is thrown into the pool of ancestral properties and enjoyed in common.

Apparently the property as mentioned by you is not Ancestral.

Has your own very able senior LOCAL counsel (s)  of unshakable repute and integrity specializing in Testamentary/succession/civil matters and well versed with latest citations, LOCAL applicable rules/laws and having successful track record…. and worth his/her salt…that has examined all facts/inputs/property related docs opined that property is ancestral?

If you have already approached such counsel then your counsel must have answered your query as well.

What is your counsel’s opinion?

You may go thru;

Old threads, Articles on similar query  by search option

e.g;  

https://www.lawyersclubindia.com/forum/Succession-99277.asp

and 

Central Government Act

The Hindu Succession Act, 1956;2(1)(a) (c), 26,28

https://indiankanoon.org/doc/685111/

Judgments:

Madras High Court

E. Ramesh And Anr. vs P. Rajini And 2 Ors  

https://www.indiankanoon.org/doc/346973/

and

Andhra High Court

Shabana Khan vs D.B. Sulochana And Ors. on 24 September, 2007

Equivalent citations: 2008 (2) ALD 818

Author: G B Prasad

Bench: B P Rao, G B Prasad

https://indiankanoon.org/doc/1100051/

and recently

Bombay High Court

Balchand Jairamdas Lalwani vs Nazneen Khalid Qureshi on 6 March, 2018

Bench: Mridula Bhatkar

https://indiankanoon.org/doc/113394767/

The disinheritance if at all, is for children of convert and not convert.

Hindu converted to other religion is not disqualified to claim parent’s property.

So the (deceased) brother gets share from property that devolved upon your father from his father.

Thus if the property that was in name of your father (self earned/acquired by inheritance) passed on to the brother (now deceased) also.