Wife deserted husband, right in his property

desertion of husband would be for one year only from jul 1999 to may 2000 for beyond that period and till now the husband whereabouts were not known.another thing is as per law she is still the legal wife of her husband.so she is also a legal heir to her husband properties

Try to find/contact your brother.

If he is alive he should atleast dispose the property and protect it from falling into the hands of  spouse that deserted.

Contest the petition of declaration of civil death.

Mother is also ClassI legal heir alongwith children if any.

Has a complaint been given about the missing person.What was the result of the police inquest if given? As still she is the legal wife of UR brother she has a claim on his properties .

The wife  has not been divorced nor their marriage dissolved by a decree of divorce by any court so far.  Therefore she has not lost her status called Wife and she is still his wife.Thus she has every right to file the petition for man missing and declare civil death.  You as a brother, your mother as one of the class I legal heirs have rights to protest the petition/suit on any other grounds than the one you have mentioned. Keep a track of it and challenge her case appropriately.