Whether the Will is cancelled or not, you are entitled to a legitimate share to the extent of 1/3rd share out of your father's 1/2 share in the property.

If your brother is constantly troubling and torturing you then you may issue a legal notice to both your mother and your brother to divide the property that was left behind by your deceased father and to allot your rightful share in the property with separate possession.

Subsequently you can fie a suit for partition on the same lines,.

This legal step may make them to come for an amicable and compromise settlement. 

You have one third share in property 

2) on mother demise intestate her one third share in property would devolve on you and your brother equally 

3) she can bequeath her one third share to whom so ever she pleases 

I hv gone through the above contents thoroughly. After the death of your father intestate, your mother is owner of her 50% share + 1/3rd share in 50% share of her husband.  She can get the Will registered to the extent of her share only.  Secondly, there is no need to cancel the earlier Will.  She can write another Will to the extent of her share as many times as she wish but the last Will would come into existence after her death.  You cannot force your mother to write a Will in your favor.  It's her own proragative.   Anyway,  the Will comes into existence after the death of the executor and it can be challenged in the court of law.

1. Your mother has cancelled the will which she had executed in both of your favour.

2. You can not challenge her said cancellation.

3. You can challenge the fresh will if she makes any in favour of your brother on the ground that the said fresh will has been executed under coercion/influence.

4. However, all these steps are to be taken after the demise of your mother and till then the 2/3rd of the entire property stands in the name of your mother and 1/3rd each stands in the name of both the brothers since 50% of the total property stood in the name of your deceased father.

Dear Sir

You are entitled to 1/3 of your father's share of the property.

Your mother can bequeath her share to whoever she pleases, but if she passes away without a will you will be entitled to 1/2 of her share of the property as well.

Thank you

- As per law, after the death of your father intestate , his share in the property would be devolved  upon all the legal heirs equally. 

- Further, your mother being the owner of 50% share in the property can transfer to you and your brother legally after writing a WILL and none having right to claim . 

- Further, during her life time your mother can cancel the said WILL , and can write another one as her last WILL. 

 - Further she can transfer her 50% plus 1/3rd share of father to any one 

- However, you can claim the 1/3 share of your father legally , and your brother cannot get the entire portion of the property  

- If refused to give you , then file a Partition suit before the court. 

You can contact me, if further suggestion needed. 

You have of 1/3rd share in the fathers property (50%) by way of succession. Mother can only execute her ½ share + 1/3rd share will or any document. Will is not a final document, any time testator can cancel a will and execute new one.

If it's cancelled and there is no will then property will be divided as per the respective succession law applicable to you

you will have to file a suit for a declaration that the later Will of your mother is not a properly made Will since she was made to sign on it under undue influence, force, pressure, coercion, misrepresentation, fraud, etc

you can file this suit only after your mother dies 

during the lifetime of your mother she can change her Will any number of times she wises