After father intestate death, all have 1/5th share each and mother can gift her share only.

The said property will be equally divided between mother and all sons

1) mother has only one fifth share in property 

2) she can only bequeath or transfer her one fifth share in favour of 2 sons 

She can bequeath only her share in property 

If the property was in the name of father then after the death of the father everyone will get 1/5th share in the property 

Please clarify your question in detail 

As your father expired interested without again so in this case property will be transferred to all the legal Heirs including mother increase property needs to be transferred to anyone not to person the other persons will have to relinquish the right on the property in favour of those the property is intended to be transferred.

I love you have to go to the district magistrate office and apply for the succession certificate in this regard before you transfer your own rights

- After the death of your father, the property will devolve amongst all legal heir.

- Now, as per rule , your mother and all the brothers are Legal heir ,and the Property will devolve amongst five.

- This distribution of property can be done during the lifetime of your mother.

- Everybody , will get 1/5 th share from the property as per law.

- You mother can gift/transfer her share only to any member as per her wish.

Mother and the four sons have equal share in the property.  Mother alone cannot sale gift the property. 

See in case there is no will from mother then her share will be equally divided between all the brothers. 

Hi

Wife and children of deceased will get share in the property left behind by the deceased.

According to Hindu Succession Act.

As such, all five of you have 1/5th share each.

At  the most, your mother can give her 1/5th share to others (subject to partition)

1.  Since you are Hindu family and since the Property originally stood in name of Father and "IF" Father had not WILLED his property to Mother .... THEN in this situation, Mother has NO right to give away Fathers property to any particular child.

2.  Such above unwilled property of Father has to be compulsorily be divided EQUALLY amongst ALL the residual legal heirs of deceased father, without any further exceptions.

In case your father has left a will, the property will be distributed among the legal heirs in accordance with the Will. 

if your father died intestate your mother has only 1/5 share. she can transfer her share to any one without consent. 

Upon intestate death of father, heirs legal heirs consisting his wife and all the children shall be considered as successors in interest to succeed to his estates left behind by him.

Mother can relinquish her rights in respect of her share ion the proeprty alone and not the entire property to anyone of her choice.

All the legal heirs have equal rights in the property.

Taking care of your mother becomes the duty of all the sons jointly or as per the arrangement arrived among them in an amicable settlement.

This has nothing to with the partition of property.

Since the property devolves equally on all the legal heirs of your father, that is a different subject to this, your mother can make a settlement to the son taking care of her in respect of her share in the property but she should retain life interest in it so that she is not cheated later on.