Joint propert devision

That is not possible unless your brother relinquish his share or gift the share in the property in your favour. The joint ownership of all of you including your mother and brother after the death of your father exists.

It is believed that all involved are Hindu.

Confirm!

In case of Hindu male that has died without disposing self acquired property owned by him by a valid/registered deed/WILL; The 1st right for equal share is of his ClassI legal heirs i.e Mother ( if alive as on date of death), Wife ( if alive as on date of death), sons, daughters……….. The share in ancestral property devolves upon his legal heirs.

In case of Hindu woman the nature and source of property matters.

In case of Hindu woman that has died without disposing property owned by her self acquired/absolute property/estate by a valid/registered deed/WILL; The 1st right for equal share is of her legal heirs i.e Husband ( if alive as on date of death), sons, daughters………..

If the property is acquired from parents side the 1st right for equal share is of her legal heirs i.e sons, daughters………..and in their absence legal heirs of her father.

If the property is acquired from husbands side the 1st right for equal share is of her legal heirs i.e sons, daughters………..and in their absence legal heirs of her husband. The property from mother’s side is not ancestral.  

You can determine the share of each legal heir accordingly and see how and how much gets  vested in widow, son, daughter …….

The process and procedure to get share updated in mutation records is simple.

The authority under whose jurisdiction property falls has a set procedure for such matters if NO WILL has surfaced; Intestate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements.

The authority shall update share as per provisions of personal law that applies in mutation records.

By the updated mutation records the legal heir(s) attain rights equal to that of owner and can enjoy/dispose the property/share like owner.   The only thing remains is partition by boundaries. That can be achieved either amicably or thru court.

 

The whole estate of the deceased should have been divided.

Can you establish that the defaulting son has stolen and sold the estate of late father that includes the share of other legal heirs with irrefutable evidence that can fetch you some charge on his (son’s) share?

 

The mother can dispose her share by a valid/registered deed say; WILL.

Preferably register the WILL.

The mother can claim maintenance from son under ;

Maintenance and Welfare of Parents and Senior Citizens Act, 2007

https://socialjustice.nic.in/writereaddata/UploadFile/Annexure-X635996104030434742.pdf

and rules framed under this Act by your state.

IT can offer quickest, cheapest recourse…

Yes HINDU family.  Mother 53 (widow), daughter 28(married), brother 31(unmarried)

how about making three parts , i mean devide property by three (my mother, myseld and brother) then transfer atleast two parts to me. i.e myself will be the owner for piece and making kind of gift of any deed from mother's .  my concern is we do not want to sale the property. am sure he go bankrupt and will be in jail because of his wrong doing

thank you sir. this property is from my late father. i mean he purchased it. now we are three members as legal heirs.

and about other answer;.

yes ofcourse i can put it in paper: he stolen Gold 94gm of worth atleast 3 lacs, two wheeler vehicle 50k, LuMpsum amount (from AG as pension) given by govt towards death of my father. He received 5lakhs, infact its kind of share but he did not give it.

 

aprt from this we have ancestor 's property but  we (myself and my mother) have decided, we would give this to my brother, we do not worry about this.    

My father had purchased : three plots(ready to construct) , one house-individual.   so at this moment, i only think about these ..

Your brother is having equal share in the property. Your brother may relinquish or gift the property to you however in any circumstance you cannot ignore share of your brother.

But My mother would give it as gift?

I mean, let us assume 3 pieces, One with me and one with brother and another one is with my mother (its joint khatha). So mother can give up without asking her son , is not it?

Sorry am confused, Please clarify it.