My father died without any legal will. Will the property goes directly to our mom or we the children along with mom are legal heir for the property. my mother thinks she is the only holder of property so she has the only right to sell it and she wants all the property to go to my brother where as we are 6 children 1 brother and 5 sisters all are interested in property.
are they legally holder of property equally or not?
What religion did your father profess as the laws of succession is dependent on the religion ,if your father is an hindu then the property if there is no any will , would be partitioned and shared by all childrens including the surviving mother,if your mother wants to give the property only to your brother then you can file a case and claim your share of the property as it is your legal right..
Thanks for the reply in my case my brother has sold few lands among many of our fathers asset and he had converted one of the house on his name. all were on name of my father and as per the law we are equall share holder and he alone cannot sold any of the property then how it had happened.
and what we can do now because the most imp property is still there and we are worried for that it might happen with that also coz our mom is in his support completely.
This applies only to self acquired property - Your father's has 7 legal heirs( mother+ 5 sisters + 1 brother) and all of you all equally entitled to the property.So technically your mother+ brother are entitle to only (1/7+ 1/7=2/7)th share in the property . If all the 5 sisters file a suit for partition , your mother and brother will have to give your respective shares. Let me know if you have any further queries.