If it is an ancestral property then you along with your siblings ie brothers and sisters have a share in the property. If he is not willing to share then file a case for partition of the property.

You and your other siblings should file suit for partition for division of property by metes and bounds 

2) seek injunction restraining sale of property by your brother 

It is not clear which share of whose property you are claiming now. Assuming it is your father's self-acquired one, after his lifetime, it devolved automatically upon your mother, two brothers, two surviving sisters and the children of the deceased sister in equal measure. After your mother's lifetime, her share it devolved on the remaining (surviving) persons mentioned in the previous sentence. If you know the full details, such as survey no., village name, land registry, take out an EC online and check if there are any encumbrances over it as on date. If not, serve a legal notice to your elder brother as well as all the co-sharers through a local advocate and the proceed to file a suit for declaration of title and partition of the property at the jurisdictional court.

1. In the given scenario, the ONLY option is to file a "Partition Suit" in the local Civil Court, where the property is situated.

Keep Smiling .... Hemant Agarwal
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You first send them a legal notice through lawyer and then proceed with partition suit or other remedy as per the reply and circumstances

1.  Assuming that both your parents have died intestate ( without executing a WILL ), the property's share gets divided equally to you, your 2 brothers and 3 sisters in 1/6th individual share. In case of your deceased sister, her individual share, on par with her siblings, gets subdivided to her sons and daughters equally.

2.  Send a legal notice to your elder brother, who is denying giving the share, for Partition of the property equally to all the siblings. If there's no positive response from your elder brother, file a suit in the jurisdictional Court for Declaration, Partition and separate possession of the property by metes and bounds.

If your mother is reported to have died intestate leaving behind her self acquired properties, as one of her legal heirs/successors in interest, you can file a suit for partition seeking your legitimate and rightful share in the said properties. 

Your brother cannot deny your share in the property, it will lead to deprivation of your rights protected by constitution..

If he is trying to thwart your efforts for peaceful partition you may proceed against him through another advocate from outstation too. 

Dear client, 

there should be more clarity about the property to know if it is self-acquired or ancestral and if there is any will written by your mother. Being the legal heir, you can claim it no matter what so with the details of the property approach the court for a share. 

Thank you

Hi, all the legal heirs have right over the properties left by your mother. If your brother is refused to make the partition then you have to file a suit for partition.

- If this property is in the name of your mother and if she alive then none can get any share in her property without her consent. 

- Further, if she already expired, then her property would be devolved upon her all the legal heirs equally i.e. 2 brothers , two sisters if father has already died. 

- Further if you are only 4 legal heirs , then each will get 1/4th share in the property , and after the death of sister her share can be claimed by her legal heirs. 

- Legally , your elder brother cannot take others share without getting their consent. 

- You can send a legal notice to other legal heirs to divide the property and to give your share in the property .

- If no response, then file a Partition suit before the court.