1) file suit for partition for division of property as per Muslim personal law

2) seek injunction restraining brother from selling the property

3) if there is any will brother would have to produce the will

4) he will have to apply for probate

5) contest the will it would be converted into testamentary suit

suit for partition would take around 15 years to be disposed of

2) court fees depend upon your market value of your share of property

3) legal fees vary depending upon lawyer engaged by you

4) you have good case on merits if mother has not bequeathed immovable property to your brother by will

You should immediately file a civil suit for cancellation of sale deed executed by your brother. If property is not being sold but you think that your brother will likely to sell this property then you should pray in the civil suit to pass an order of temporary injunction and stop you brother to interfere in the property.When the court finds that there is Apparent Threads that your brother can sell the property, the court will immediately pass temporary injunction in your favour. Therefore your brother cannot sell the property without prior permission of the court. When you file civil suit with prayer of temporary injunction the court will pass temporary injunction on the first hearing of the case.

1. You can file a petition for grant of Letters of Administration (with or without Will annexed, depending on whether your mother left behind any Will).

2. In the meanwhile, since your brother is illegally attempting to sell your mother's properties, you can issue a public notice in newspapers informing the public not to deal with your brother in any property transaction since you being the legal heir, have also a claim on that property.

3. You can also file a suit against your brother claiming the relief of injunction i.e. restricting your brother against selling any of your mother's properties and for a declaration that you are entitled to her property as a legal heir.

4. If your brother claims that your late mother left behind any Will, then the Will alone will not suffice for transferring the amounts lying to the credit of your mother's bank account, without it having been proved before a Court of law by filing a probate Petition (in case the Will has an executor) or a petition for grant of Letters of Administration (if no executor is appointed in the Will).

5. Simultaneously you can also lodge a police complaint against your brother for fraudulently and illegally attempting to sell your mother's properties without your consent. This is just to deter and pressurise your brother. Expect no positive outcome from the police complain since the police will say that its a civil dispute. But its always better to attack from all sides and shake the opponent.

6. Coming to the time involved in above proceedings, then as to filing of Probate or LA petition, it being departmental, would take around 6 months, provided there is no challenge by your brother. If your brother challenges the grant of Probate or LA, then such petition will be converted to a regular suit.

7. Nobody can predict how long a suit will take to get resolved. Lawyers should not be expected to be astrologers since a suit may take many different twist and turns. Generally you can bear in mind that once a suit is filed, it will take atleast 5 years for resolution. This is rather a conservative estimate. Some suits take several years for adjudication.

8. Next are the charges. For any testamentary petition like probate or LA, you will have to bear fixed court fees plus clerkage plus lawyer fees. For suit the fees depend on the facts of the case.

9. I would suggest that for the present, you issue a public notice and also a legal notice to your brother and see how he responds.

10. Since its a family matter, I will advise you to amicably settle the matter with your brother. This will ensure that your mother's soul is not pained by the fact that her children are fighting over her property.

Dear Client,

All siblings will inherit equal share in property.

If u have details of property, than file for partition and cancellation of sale already effected/share in sale consideration.

Challenge the WILL, court will examine if suspicious circumstance at the time of execution of WILL and its duly execution acc. to sec 63 of Indian Succession act and sec 68 of Evidence act.

Obtained Stay on further sale/alienation as Interim relief. Hire good Local Lawyer.

For account and locker, Succession Suit with same relief/prayer

1) First of file a suit of partition along with a application for interim stsy application so that your brother donot transfer the property further.

2) second also raise a claim regarding the funds in bank account and locked before civil court if your brother shall produce mothers will challange the validity of same.

3.) It takes around somewhere 5 years to 10 years depending upon court and place.

But that doesnot mean you should not.contest in case prima facie your evidence is clear the court can grant interim relief in your favour and your brother can agree for compromise and settlement

It is your right you will get success in partition but as far as will is considered the validity of it has to be seen

Also if your brother already sold the property apply in court along with partition.suit a suit for cancellation of sale deed.

For will the document need.to be perused whether registered signed by witness, we.can ask for hand writing expert if the will looks doubtful .

Further According to the Shariat law, a person can only leave one-third of their property to anyone they wish. The remaining two-thirds will, by law, go to their heir or heirs, equally shared between them.

Cost and time can be depending upon lawyer and court but have a good fair chance you should.comtest.

And further if brother arise at fair settlement you can do that but you have a valid right.

Hi,

All the things depend on the facts and circumstances of the case and you are suggested not to be late on this issue.

If your mother is reported to have died intestate then her properties shall devolve on all her legal heirs according to the Shariat law.

Not only you brothers, but your sisters shall also be entitled to a legitimate share in the properties left behind by your mother.

You can file a partition suit and seek your share in all the properties she left behind and separate possession of your share.

If the bank account is operated by a will, then you cannot interfere in it until you challenge the will and prove it wrong, however you can issue a legal notice to the bank to withhold the disbursement since there is a dispute about the will in the court of law.

Definitely, all the above is new to me, i would appreciate if you can advise the time consumed on this process and an approx cost estimation.

The court fee can be known through your lawyer.

The time taken for disposal of the suit cannot be predicted owing to several factors involved in it.

Also what is the chances of winning the case/suit when will is challenged.

Partition suit, if you are entitled to a share, then there is nothing he can do to deprive your rights in it.

You can challenge his will by filing an injunction suit seeking to restrain the bank manager from disbursing the claim amount to him alone

1. The right option left before you is to file a partition Suit based on Sharia before the appropriate Civil Court in India claiming your share of your late mother's properties both movable and immovable.

2. For filing the above partition suit, you are required to collect the property details of your late mother.

, the certified copies of the title deeds, the bank account no., locker details etc.

3. Though a will of a Muslim need not be probated, he/she can not bequeath more than 13/rd of his/her properties to only one person.

4. His claim of then purported will transferring the entire amount lying in her Bank account and articles in the Locker to him can be fittingly challenged.

5. You shall have to file the partition suit as explained above with a separate application praying for a stay order restraining your said brother from selling any further property of your late mother till the disposal of the suit.

6. The suit mifght take around 2 to 4 years to be disposed off and the legal cost will vary from place to place and lawyer to lawyer.

7. In Calcutta Court, filing of the partition might cost you Rs.40 K to Rs.60 K and appearance fee for the Advocate will range from Rs.3 K to Rs.5 K per appearance if you engage a medium grade Advocate.

1. You have a very fair chance of winning the case since you are one of the legal heirs of your late mother which entitles you to inherit share of her properties and also as your mother can not legally will her entire property to your brother as claimed by him since as per Sharia, maximum 1/3rd share of the property can be willed to a single person.

2. Engage an experienced Advocate having expertise in this field.

You need to immediately file civil suit for injunction and stoping him from sale and creating third party rights in the said property. You can also challenge the will. Success can't be analysed and needs to study the entire case and its merits. It will definitely take some time to complete all legal proceedings but the stay needs to be taken asap.