1) By both of can go for Mutual Partition 50-50% and make deed and registered with registrar.

2) If you brother is not listening than you can apply same in the court for partition deed. so court can pass order equally as per law a partition of the property.

1.  The only probably way to claim your share of the property is to file for a "partition suit" of your deceased Fathers property, by providing appropriate supporting documents.

2.  The other way around is either of you can buy out the other persons share, via a Family Settlement Deed.

Hello, 

1)  If your brother is unwilling to make an equal partition of the property, you will need to file a suit for partition in the Civil court having jurisdiction. 

2)  You can send him a legal notice to come forward to make a division or provide you proportionate amount in compensation if he wants to continue in possession. 

3)  If he fault to comply and cooperate you will have no option but to file for partition. 

1.  Get the Plans of the Building from the Municipal /Gram Panchayat /Revenue offices, BASED on which file Partition Suit, IRRESPECTIVE of claims or possession of your brother.

2.  Partition suit takes anywhere between one year to 10 years, depending on the court.

You can file partition suit in civil court.  It's better to decide between yourselves and execute registered partition deed out side court.  The court proceedings may take some time

Deed of family settlement can be executed for division of house by metes and bounds 

2) if it is not possible file suit for partition for division of property by metes and bounds 

Suit takes 15,years to be disposed of 

amicable  settlement  is best option 

Hi,both you and your brother have equal rights over the property..It is advisable to file a civil suit for partition in court 

See either you both can mutually divide by partition suit if brother does not agree for same then a partition suit has to be filed before the court seeking share in the property.

See partition suit though take time to conclude he cannot take share like that. 

No unless n until your mother's gives in writing he can't take like that, in court maximum 1-2 years you can get results.

you have no other option but to file partition suit. it will take at least two years time to resolve the issue.

If your brother is not agreeing for an amicable and mutually agreed partition, you have no choice than to file a parition suit for dividing the properties into two parts and to allot one such part to you with separate possession.

You may even file a petition in the same suit seeking injunction restraining him from alienating the property in any manner till the disposal of the main suit.

Since your mother is not living ther is no question of your brother occupying your mother's share in the property.

You may file a partition suit seeking equal division of property between you both and for separate possession of your legitimate share in the property.

1. As per the information mentioned in the present query, makes it clear that the nature of the property has not been disclosed exactly in your query, but still would try to answer in all aspects, as follows:-
2. Firstly, if the property was ancestral one in your father’s hand then he cannot get it registered on his name (whole property, I mean to say, but if partitioned would have been done then he could have registered only his portion), so it doesn’t really matter whether it was registered or not.
3. It should be divided between both equally as per the law of inheritance.
4. Secondly, if the property was self acquired of your father then in absence of any Will property will again be divided equally as per law of Succession.
5. Now, portion of mother would also go in same way if no Will is there.
6. And in all the cases, you will have to approach the court of civil law by filing a suit for partition and it may take two to three years.