Having Legal Heir certificate but not able to get property
My name is Rahul. We are 3 children for my parents one elder brother, one younger sister and myself. My father is a government employee. My mother is a housewife. My father passed away in 2002. I and my sister are minors at that time. my mother, brother, sister and myself were living away from my father since 2000 due to some differences in our family. In 2002 we got a news that our father passed away.
When we went to our place to see our father already the formalities are already completed. My father's younger brother along with other family members forcibly let us not to enter our house. They frightened my mom and myself and my sister. We returned back as we don’t have any support from our dad’s family. When we applied for legal heir the concerned MRO said that father's brother got a WILL in his favor and asked us to settle it in court.
The WILL mentioned like all of the properties of my father including the salary, pension, pensionary benefits etc., should be given to his younger brother. Our house is having department loan.
When we approached the court with the help of a lawyer(who also cheated us) the court has given judgement in 2005 that "my mom or anyone related to her should not enter the property (our house)" as we have not attended the funeral and others. But there is nothing mentioned other than that in the judgement (like who is legal heir or pension related or other benefits). I was minor at the time of filing the case but was major by the time of judgement. My father's brother is not married. He is just bachelor and about 60 plus now. My mom again appealed for the case local court through the same lawyer but we don't know the status of that (not even the case numbers).
After that my mother's health got many problems. so we didn't get any chance to go and inquire for the status. In 2012 we applied for legal heir in high court and we got it in 2013 for my mom pension and other benefits. Court has given order to the MRO and my father’s department office to settle my mom pensionary benefits and pension for all these years. She is receiving the pensionary benefits now. We also have the Legal Heir/ Family members certificate (given by MRO) with us now.
Can we (myself and my brother) or just myself claim for our property (house) now? Also the signature in the WILL doesn't even match my father's signature. When i searched online the property is still in the name of my father only. I am not sure whether i can proceed on this or not. My father's brother along with others are staying in our house.
Can you please suggest on this.