Firslty, you need to get the legal heir certificate for claiming any right over the property.

Secondly, you may have to apply for the same in the Civil Court whcih May take 2 or 3 months.

Thirdly, once you get that then you can apply for your share in her property under the Hindu Succession Act.

Fourthly, you may be asked by the court to show that your mother married to him.

Fifthly, once you are able to that then the property may come to you as per the Hindu Succession Act.

But, your brother would also have share in it.

On demise of mother you and your brother are legal heirs

2) your brother has to execute gift deed or deed of relinquishment to transfer or relinquish his share in property

3) then only can property be transferred in your name

4) not necessary to mention previous husband name

1. On death of your mother her property is liable for division in equal share among her legal heirs which include your father and your brother.

2. Since there is no trace of her first husband there is no need to look for him as well though technically your mother' second marriage has no legals sanctity in the context of not dissolving her first husband.

3. However since there is no news of her first husband you can ignore this aspect.

It’s talk about the procedure of getting the succession certificate which is much needed to get the share in the property.

Muslim personal law will be applicable. According to it, the son will get twice of what a daughter will get. Conversely, the daughter will get half of what the son gets it. In the fact situation given by you, the son will get 2/3rd while the daughter will get 1/3rd share in the property left behind by your mother.

Since you, your father and brother are legal heirs to your deceased mother's property, all the three will be entitled to an equal share in the property.

It cannot be transferred to your name alone without the consent of others.

If your mother's previous husband divorced her legally then you three will be entitled to a share proportionately.

Your brother is one of legal heirs

You need his consent to transfer property in your name

Check the sale deed that whether your mother is the absolute owner of the property. If so you, your brother and father are the legal heirs of her property. Then your brother and father can execute a relinquishment deed infavour of you for transfer their right over the property.

1. What do you mean by mention of your mother's previous husband's name? When a sale deed is executed in favour of a married lady she is identified as X wife of Y. If this is done then it does not mean that Y becomes a joint owner. If the sale deed has been executed in favour of your mother alone and she has passed away without making a will then her property has devolved through intestate succession on her husband and both her children equally.

2. The property can be transferred absolutely to your name only if the other legal heirs i.e your father and brother execute a release or gift deed in your favour.

Dear Sir,

It is very simple. The property instated by your mother after the death of her first husband. You being legal heir of your mother you are entitled for inherit the same, legally. The law is as follows.

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HINDU WOMENS PROPERTY…. HOW IT DEVOLVELS

A hindu woman holds the property as an absolute owner and now she can dispose off the property as her own property. The concept of ancestral property does not apply to a property held by a hindu woman. Your maternal grandmother (naani) can will the property to anyone. However, if she dies intestate (without a will) then the property will devolve as per the rules of succession in Hindu Succession Act, specifically, section 15. In that case, the property goes to the legal heirs of the woman on her father’s side if she received the property from her father’s side and to her husband’s side if she received the property from her husband side.

If the previous husband of your mother expired and the property has been transferred to her name this property can be transferred to you then only and if there was a divorce the property is actually is not in the ownership of your mother so cannot be transferred in your name it is not clear in your question the status of your mother's first husband this answer is based on that your mother's husband expired and see married again

Hello,

You will first have to obtain a succession certificate and thereafter only the property can be transferred on your name.

I would advise you to get in touch with a local lawyer and obtain a succession certificate from the court.

Regards

The legal heirs to your mother are you, your brother and your father(second husband of your mother).

As regards to your mother's share in this property, the same can be transferred to you.

Contact a local lawyer and apply for getting the names of the legal heirs mutated.

Property will inherit in brother and you by equal share.

As she is not divorced from first husband, 2nd marriage not valid.

No there is no necessity of mentioning second husband name in deed you can based on death certificate of your mother and affidavit can get the property transferred and mutated in name of both the siblings.

No you and your father and brother are legal heirs of the property and it shall be distributed according to Muslim personal laws.

Hi,

You may contact registering authorities and get the registration/transfer on your name.