If a Hindu person dies without a will or the will is missing, the wealth of the person will be divided on the basis of the “Hindu Succession Act”. After the death of mother in the year 2016, her share will be distributed among Class I Shares. If she made any document with regard to her share then it goes according to the document (If will deed is there). After the death of Brother also the property divided among the Class I legal Heirs.
The following relations are considered to be Class I heirs:
• Son/Daughter of a pre-deceased son (pre-deceased means “already Dead”)
• Son/Daughter of a pre-deceased Daughter
• Widow of a pre-deceased son
• Son/Daughter of a pre-deceased son of a pre-deceased son (3 levels)
• Widow of a pre-deceased son of a predeceased son
The widow (or widows), mother and each child(son or daughter, the law makes no distinction) take equal shares. Where one or more of such sons or daughters are no more, then, the Class 1 heirs in that branch will all jointly stand in the place left behind by such deceased son or daughter.
So you can file a case for getting the share if the possession of the property in others hands. Also establish your case for getting shares.In the case of relinquishment the time for filing a case is over and it hit by bad by limitation ,eventhough you can file the case4 and use the mediation talks and settlement talks through court.