All legal heirs are equally responsible for repayment of loan 

2) surplus sale proceeds would be distributed as per Muslim personal law 

3) best option is for all legal heirs to pool in funds for loan repayment 

- As per Muslim Law, the right of inheritance of property comes only after the death of a person.

- Further, distribution of property can be made in two ways, firstly per capita or per strip distribution.

- Per – Capita distribution method is used in the Sunni law, and according to this method, the estate left over by the ancestors gets equally distributed among the heirs. Therefore, the share of each person depends on the number of heirs. 

- Per strip distribution method is used in the Shia law, and according to this method, the property gets distributed among the heirs according to the strip they belong to, and hence the quantum of their inheritance also depends upon the branch and the number of persons that belong to the branch. 

- Further, there is no distinction between the right of men and women; each has right over the said property. 

- However, a female will get half of the male share. 

- Further, out of 100% share, share of father  will be  1/4th , and the remaining will be distributed between sons and daughters , except daughter will get half of the sons share. 

1. Hence, being the legal heirs they are also under the burden to pay the loan

2. As given above 

3. Legally, all the legal heirs are under obligation to reimburse the loan to the bank to get release the property documents from the bank and to sell the property. 

It depends upon total loan outstanding on date 

Bank will seek to recover loan amount with interest 

surplus would be divided among legal heirs 

sons would get double share of daughters 

Take a stay from DRT on disbursement of any excess than the outstanding received in auction to brothers. After that get the excess amount deposited in civil Court filing suit for payment of  excess to you as your share since others have availed their shares.

- As I mentioned above 

Under Muslim law of inheritance, male heirs will receive double than female heirs. As brothers received, only those not taking share will be entitled to their portions.

Your brothers are not the borrowers.

They have taken the loan amount from your mother.

You cannot compel them legally to repay the loan amount to the lender bank.

The bank will take action for recovery as per law, if the legal heirs together do not repay the loan, then the bank may proceed with the procedure of law for recovery, which would include bringing the property to auction sale.

In fact since all the children and the husband of the deceased are legal heirs/successors in interest, all are jointly liable to repay the home loan in order to retrieve the mortgaged property from the lender bank. 

If the lender bank is proceeding with the auction sale of the mortgaged property, it would disburse the remaining amount after satisfying the outstanding loan amount and its accrued interest to all the legal heirs, if any left over. 

The bank will first adjust the interest accrued till that date and then adjust the outstanding principal amount. In that case if there is any balance amount left out after such adjustment, it would disburse the same to the legal heirs either jointly or to any person authorised by others to collect the same on your own mutually agreed condition, or you can obtain a succession certificate from court of law in accordance to the Muslim of law of intestate  succession, based on which the lender bank would disburse the balance amount accordingly to each individual mentioned in the list of successors by an order of the court of law. 

1. It appears that your three brothers had availed loan from the bank for which your mother had mortgaged her property which is now being taken away by the bank for selling and recovering its dues. You can not force your brothers legally to pay the loan amount since they will certainly show their incapabilities.

2. The bank will first recover its dues from the sale proceeds and thereafter distribute the left overs, if any, between the legal heirs of your deceased mother.

3. To pay back the loan or offering a one time settlement proposal to the bank. 

The bank will first deduct the outstanding amount and the incidental expenses connected with the recovery of the loan and thereafter will distribute the remaining amount amongst the legal heirs of your deceased mother.

Dear Client,

                  It is permissible for you to give the interest to your brother to pay off his debts, whether you are obliged to spend on him or not.Islam discourages heavy debt as much as possible. It is considered to have a serious and direct effect on a Muslim's belief or conviction for it can lead to harmful consequences.

Thanks & Regards

1. Yes only your share as if mother has mortgaged your share with bank. 

2. They will not get their share if they default loan

3. You can repay bank loan. 

They will only get share if the sale amount share of brothers is more than laon taken by them along with interest and penalty