All have 1/5th share in the land. If they are not distributing land as per law, you have to file partition suit to claim your 1/5th share and your mother and elder will also join u in the suit and brothers as defendant.

1) property was bought by father in joint names for benefit of joint family 

3) Your mother and you can file suit for partition for division of property by metes and bounds and claim equal share in property 

4) take the plea that no funds were contributed by your brothers for purchase of the property 

If this property was purchased by your father on his name and his two sons names jointly, the upon intestate death of your father, his share of property shall devolve equally among his legal heirs consisting his wife, all the children, i.e., sons and daughters.

Therefore you and your mother can claim your legitimate share out of your father's share in the property

1. IF property was registered in Three names (Father,Brother-1, Brother-2), THEN legally it will be construed that each person is owner of 33.33% property.

2. "ALL" the residual legal heirs can claim EQUAL share from Father's share of 33.33% property.  This means that Sister, Mother, brother-1, brother-2 has EQUAL right in this 33.33% share.

3. IF there is non-cooperation, THEN a Civil Court Suit has to be filed for claiming respective shares, by providing all relevant documentary evidences and witnesses.

- Since, the said property was purchased in the name of the father and two elder brothers , then this property having three share .

- Further, after the death of father intestate , his property would be devolved upon your mother , and children .

- Hence you , mother and sister are also entitled to get share of the property left by your father 

- You should send a legal notice to brothers to partition the property , and if refused then file a Partition Suit. 

1. Even though your father had bought the land during 1985, alongwith your 2 brothers and on the demise of your father who died intestate ( without executing a WILL ), his share in the property gets devolved to you, your mother, your elder sister and two elder brothers in equal proportion.

2.  In other words, your father had 1/3rd share in the property, alongwith your 2 brothers, each having 1/3rd share. On the intestate death of your father, his 1/3rd share gets subdivided into five equal shares, i.e., for you, your mother, your elder sister and your 2 elder brothers.

3.  If oral intervention to get your rightful share is denied, send a legal notice to your brother for partitioning of the property and if there is no positive response, file a suit in the jurisdictional competent court for partition, declaration and separate possession of the property by metes and bounds.

1. since the property was bought by your father in joint names for benefit of joint family, therefore, you can take a plea that no contribution was made by the brothers,

2. You & your mother can file a suit for partition of the said property by metes and bounds and claim an equal share in the property,

The land purchased in the year 1985 was in the name of your father and two elder brothers.  Hence, they were co-owner of the land having 1/3rd share each in the land.  After the death of your father in 1991 since he died intestate, his 1/3rd share is to be inherited by -

- Your mother

- Your 2  elder brothers

- Both sisters

Hence,  you have 1/5th share each in 1/3rd share of your father.   The entitlement of your mother and both sisters come to 3/5th share in 1/3rd share of your father.  Now, you can file a suit for declaration against your 2 elder brothers to the effect that you are owner of 3/5th share in the land out of 1/3rd share of your father; suit for partition, suit for possession, permanent & mandatory injunction and consequential relief, if any in the court of law with the help of senior civil lawyer and take an ad interim injunction restraining your brothers from alienating, transferring or creating any third party interest in the property till the pendency of the suit.  Go ahead immediately.  Good luck.

1. You are not responsible for the procedural mistakes that had occurred at the time of your reinstatement.

2. Since you have served for 23 long years, you are entitled to pension and terminal benefits, if you opt for VRS.

Thank you.

In the recent order of Supreme Court of India which has been  passed by Full Bench Mr. Justice Arun Mishra holding the rights of daughters in the property of parents under Hindu Succession Act 1956.

You have equal share and rights in the property of your parents as per the Law and Apex Court order.

File a partition suit for getting your share as all are equally eligible for the property 

You should be entitled to terminal benefits if you submit VRS 

The daughters and their mother have share only in 1/3rd share of their father. 

Therefore his 1/3rd share is liable for further division among his sons, daughters and mother. 

Without seeing the show cause notice or service regulations its difficult to advise whether the delinquent is entitled to pension or not. 

You are not responsible for the procedural mistakes,  if any,  committed by the department concerned at the time of reinstating you into the service. 

They may to get it regularized,  if they don't want to get into any fix in it.

You may follow the due process of law while tendering your VRS by complying with all the legal formalities. 

If the department is creating any legal obstructions to your peaceful exit,  you can resort to legal recourse for relief and remedy. 

- Since, you was reinstate by the competent authority in 1997 , and further continued in the service last last 23 years , then you are entitled to get pension or terminal benefits legally , in case your submit VRS.

- Further , your services and benefits cannot be effected for the procedural mistakes committed by the said authority/department, specially when you have served a long period and attained the age of VRS , as VRS applies to employees who have completed 10 years of service or are above the age of 40 years.

Pls dont forget to rating Positively. 

Yes, you should.

Yes you are entitled as stated above

1. The land was registered in favour of your father and your two elder brothers.

2. So on the demise of your father his 1/3rd share devolved on his widow and all children including daughter equally.

3. You have not mentioned whether your elder brother who passed away was married and had children or not.

4. The share of your deceased elder brother devolves on his mother, widow and children, and if he died unmarried then it devolved on his mother and all siblings equally,

Dear Sir, 

Here there are 02 queries from you. For the first issue, it is suggested that since father had bought properties in the name of himself and brothers, the brothers can't grab his share and you, your sister and mother have the right to claim the share. You are suggested to first serve a legal notice and then file the partition suit.

Regarding second issue of the job, it is clear policy that even if there is some errors at the time of joining of the service, but the same is to be ignored and the service is to be regularised after 03 years of continuous service. In your case, you have rendered the services of the 23 years and the service department is bound to regularise the mistake if any. Further, you are entitled for all the benefits. 

1. Yes if father died intestate then you, your elder sister and mother can claim their respective shares from property share of your father.

2. You all who are not getting their share should file partition suit against your brothers. 

3. Yes you will get all the benefits of your service if you apply for VRS. 

Yes daughters and the wife are entitled to a share in the property. File a partition suit and obtain an injunction against other shareholders.

Send them a legal notice first.

Yes you may be able to get your pension and other benefits.