property

As per your query, I would like to tell you that the basics of the solution lies totally upon the type of property involved.
Basically, as per the Hindu Law, properties are classified into 2 categories namely:- (I) Ancestral Property and (II) Self-Acquired Property.

Now, the Hindu law states that self-acquired property is the one which an individual inherits upto 4 generations. These are properties that are basically acquired or purchased by your forefathers, and you inherit rights over it since birth.

While, on the other hand, Self-Acquired Property is the one which an individual purchases through his/her own resources and efforts. These properties are distributed based upon the WILL made by the owner, however, in situations where an owner passes away intestate (i.e. without forming a WILL) then the property is divided equally among the deceased's spouse and legal heirs (i.e. children's).

So, if the property you're discussing here is your ancestral property then you do hold a valid and legal share over it since you're birth, but in case it is your father's self-acquired property then your right over the property is totally dependent upon the WILL (if any).
Moreover, in case there is no WILL for the same then you and your mother would have equal rights over it.


Have a look at the link given below for more input on the same —
https://www.lawyersclubindia.com/forum/details.asp?mod_id=215742


Hope It Helps!


Regards,
Kevin M. Paul

It does not matter who pays the installments. If the property has devolved down after the death of the previous owner (Husband of the resident mother in this case), according to the law of succession, automatically the property goes to the mother and children. If there is a will, then according to the will. If your brother wants to play safe, ask him to get a partition and then pay proportionally for his part of the property. Otherwise, the above-stated will apply and the payer will not be able to recover the money from the mother in case or in the form of property.