1.  IF brother's name is not in the Sale Agreement, THEN you can easily restrain /restrict /refuse him entry into YOUR house, since you can documentarily prove that money for house was financed by your resources.  This is irrespective of the fact that it stands in joint name with mother.  ANY dispute on this would have to be resolved via a Civil Suit for Declaration in the Civil Court, supported with all documentary evidences and witnesses.

2. However, IF Mother has executed a WILL document, giving property to brother, THEN said brother can contest the same in court for his rights.  Here too he would not get success, IF you can documentarily prove that money for house was financed by your resources.  

Since your mother died intestate your father , you and your siblings have equal share in her 50 percent share in property 

2) you can file declaratory suit that you are absolute owner of property as full consideration has been paid by you 

3) enclose documentary evidence that full consideration has been paid by you 

Dear Sir,

Yes, you can file a suit for declaration and get injunction order restraining your brother to enter into your house as it is your house you are the absolute owner of that house.  You have to prove that you have paid the amount to that house though it is registered with you and your mother;s name.

Property purchased in joint ownership but money transferred from mother account. If full contribution is done by mother than she is sole owner and on her intestate death, property will inherit by 1/4th share each including father.

And whatever amount you have received from insurance will also distribute in equal proportion i.e. 1/4th each. So, you are not advisable to file any suit, you may suffer instead of relief from court.

Don`t allow him to enter in the house neither he can construct full floor as has only 1/4th share in property.

And if you have contributed in purchase, you have more share in property.

Greetings!!

If the property is in the name of your mother all the legal heirs of the mother will be entitled to the property and they may go for partition suit in which 1 portion to be allotted to your brother as he is also the legal heir ! 2/3rd portion will portion will be divided suppose if it is ground 1st 2nd floor then ground to your father 1st to you and 2nd floor to your brother as it's the legal right you cannot stop to enter the premises!!

However if all the members agree to sell the property in such a case amount may be divided equally try to discuss and settle down the matter amicably!!

See since you and mother were joint owners of the property the share of mother shall be equally.distributed between her biological children and husband. You or your brother can file suit for partition in case see in case the property cannot he divided physically court may sale and divide it.

If you can get the stay order restraining them it's nice. 

Hi, it is Advisable to file a civil suit for permanent injunction in order to restrain him from entering the property 

- Since, the said property is registered in the name of mother, hence as per law, the property will be distributed amongst her legal heirs, i.e. your father, younger brother and you. 

- Further, as the transaction was done from the mothers account , and her Insurance claim amount was also used for clearing the loan amount taken by you and your mother, hence this property is fully your mothers property. 

- Hence, you have only 1/3rd share in the property , and cannot be declared owner of full property on the ground of being nominee in loan insurance policy. 

- Now, being an unpartitioned property , no body can be allowed to construct on the same. 

- Without dealy, you should file an Injunction suit against your younger brother for restraining any construction over the said property. 

- OR , you can also file a Partition and Permanent Injunction suit , for deciding the shares and for stopping the ongoing contruction , if any carried by your younger brother. 

- Here in this suit , you can request to the Court , for transfering the share of your younger brother in your name , in terms of considertion of his share. 

Good luck and dont forget to rating Positively. 

Hello, 

He does not have any right on the property since you are one who has paid the consideration. 

File an injunction suit before the court and take an order that he by directed to not interfere with your peaceful possession. 

Regards 

The property will distribute among 4 of you the below are sharing ratio of 100% of property.

You= 50%

Mother=50%

Now the mother's 50% share will distribute first to father, and all 3 sons means each one will be 12.50%.

So the present sharing ratio will be :

You=62.50%

Father=12.50%

First son i.e. Your step brother = 12.50%

Your biological brother = 12.50%.

So here you can bring injunction from court on the construction and apply for partition deed.

Even though you funded for the purchase of this property since the property was bought on your mother's name by a registered sale deed, it becomes her own and absolute property.

Now, upon your mother's intestate death, the property shall devolve on her legal heirs consisting her son of the first marriage, children of second marriage and her current husband 

You cannot deny the demand made by your younger brother for his legitimate share in the property nor you can ignore your step brother or your father from allotting them their legitimate share in the property.

Therefore you can arrange for an amicable settlement with the other shareholders and decide about owing the proeprty by all other legal heirs executing a registered release deed relinquishing their rights in the property.

in my opinion you can file declaratory suit as  amount has been paid by you. 

1. Since the sale deed was registered jointly in your and your mother's favour the share of your mother devolved through intestate succession on all her children if she died without making a will.

2. The remedy in your hands is to file a suit for declaration of your absolute title to the property if the sale consideration was paid by you in entirety, but if the money was transferred to you from your mother's account then your prospects are bleak.

3. You can protect your possession by filing a suit for permanent injunction.

Hi,

In the present circumstances, you may file a suit for injunction against the younger brother and debar him from entering the in the property. 

If mother is absolute owner of property on her demise your father ,you and your siblings would have equal share in property 

Therefore the property belongs to your mother alone, hence upon her intestate death, the property left behind by her shall devolve equally on all her legal heirs.

See the share shall be equally distributed among all the legal heirs.

If father purchased the property in mother`s name, after fathers`s death, will inherit in children and mother equally.

you and your siblings would be equally distributed among all the legal heirs.

You can say it