On your father demise your mother , you and your brother are the legal heirs

2) your and your brother children have no share in said property

3) you and your brother can divide the property by metes and bounds

4) you can take the ground floor and brother first floor of the house

1. It is not clear how your father acquired that plot.

2. If he had acquired that out of his earnings then the same would not be considered your ancestral proeprty and in that event only you and your brother have sahre in it.

3. In other words none of your children can claim share in it and hence you can your brother can enjoy the property in any manner you decide.

if it is ancestral property then all are entitled to take share in the property. a property which devolved from 3 generations are called ancestral property. if it is self acquired property of your father then it is only joint family property then only you have right to inherit it. your children cannot claim their share in joint family property.

On the intestate demise of your father his properties devolved on his children equally. During your and your brother's lifetime your respective children have no share in the share which devolved through succession on the demise of your father. You are free to sell, gift, mortgage or bequeath your shares during your lifetime without the consent of your heirs.

Hi

You and brother will have equal share in the all property left behind your father.

Your children will have right only after your life time whatever you leave behind.

Now the division has to be happened equally between you and your brother. Your son will have right in your share after your death or you give him voluntarily.

The property that belonged to your father and upon your father's intestate death, shall devolve equally on his own legal heirs consisting his wife and children.

If your mother is not living and you do not have any sisters then this property shall devolve equally only upon you and your brother.

Your children do not have any rights in the property.

You both can divide the property amicably on the mutual terms and conditions between you and can register the partition deed

1. You, your brother and your mother will equally inherit the said property of your deceased father.

2. In case of demise of your mother, intestate, you and your brother will equally inherit her share of the said property.

3. Your or your brother's children will have no right on the said property during the lifetime of yourself and your brother.