It is not clear whether her father died before or after 2005. It is also not clear whether the brothers have sold the property or not.

I may inform that your mother has share in the property equally with her other siblings provided her father died after 2005 and she has further share in the property of mother even if she has died before 2005.

So if she is deprived of her due share she can very well file partition suit to claim her share.

However the daughters have no share of the grand father if the father s still alive.

Since you are christian all have equal shares and the bar of 2005 does not apply to any of you.

Your mother and her sisters shoukd file suit for partition to claim share in property

2) daughters can claim equal share in property

3) your mother and sister can get share in house in parents name

4) all have equal rights in gold jwellery and money lying in bank

5) Hindu succession act applies to Hindus only

6) Christians are governed by provisions of Indian succession act

1. According to the Christian law the property of a person dying intestate is bequeathed to the spouse of the deceased, or upon those who are kindred of the person deceased. The widow is not entitled to the property if by a valid contract made before the marriage she has been explicitly excluded from the distributive share of her husband’s estate. The term ‘lineal descendants’ includes children or children’s children and only those born out of a lawful marriage, thereby excluding relations such as daughter’s illegitimate son or a son’s illegitimate daughter or any other illegitimate issue as such illegitimate children are not considered children by the provisions of ISA. If an intestate has left a widow and also lineal descendants, 1/3rd of the estate shall devolve upon the widow and the remaining 2/3rd shall go to the lineal descendants. If the intestate has left behind a widow and does not have any lineal descendants, but has left behind persons who are kindred to him, the property would be divided into halves, one would divulge to the widow of the intestate and the other half would divulge to the kindred. So your mother and her sisters can file a suit for partition to cull out their share in the property.

2. The Hindu Succession Act, 1956 applies to only Hindus.

1) mother can claim share in sale proceeds

2) also file suit for partition to claim her share in unsold property

S. 30 of the Indian Succession Act, 1925 defines intestate succession thus: A person is deemed to die intestate in respect of all property of which he has not made a testamentary disposition which is capable of taking effect. Thus any property which has not already been bequeathed or allocated as per legal process, will, upon the death of the owner, insofar as he is an Indian Christian, devolve as per the rules contained in Chapter II of the Act.

.” S.5 of the Act categorically states that succession to the movable property of the deceased will be governed by the lex loci as per where he had his domicile at the time of his death; whereas succession to his immovable property will be governed by the law of India (lex loci rei sital), no matter where he was domiciled at the time of his death. Also, S. 6 further qualifies this provision by stating that a person can have only one domicile for the purpose of succession to his movable property.

.” S. 25 qualifies ‘lineal consanguinity' with regard to descent in a direct line. Under this head fall those relations who are descendants from one another or both from the same common ancestor.

S. 26 qualifies ‘collateral consanguinity' as occurring when persons are descended from the same stock or common ancestor, but not in a direct line (for example, two brothers). It is interesting to note that the law for Christians does not make any distinction between relations through the father or the mother.

The law of intestate succession under S. 32 states that: The property of an intestate devolves upon the wife or husband or upon those who are of the kindred of the deceased, in the order and according to the rules hereinafter contained in this Chapter. However, as aforementioned, the Act recognises three types of heirs for Christians: the spouse, the lineal descendants, and the kindred. These shall be dealt with now.

Sir, my mothers father passed away in 1987 and her brothers say the property sold half and the remaining still unsold.

The same laws would be applicable as stated above.

You may even take out a legal option for solving the issues in this regard.