Parition/Possession of deceased father's property
I am the elder of two sons, but have been living mostly abroad since late 70's.
I moved back to India with my wife and younger son in early 2012, and intended to stay in this home, however my brother (and his wife & two sons) & my mother did not like this idea, and have been very negative towards my family since long.
I do not have any properties due to circumstances abroad.
I have therefore been staying with my wife in her mother's home trying to start a business.
This is has been very stressful & difficult staying in in-laws house for me.
My father informed me (and all our extended family) that he made a registered will in 2008, which we all had seen as well.
He passsed in 2013, and since then we were unable to trace the will as the office it was registered in said that it had been destroyed due to flooding.
Anyhow, the property was then mutated by tehsildaar in to 3 shares - mine, my mothers, & my brothers.
My brother already had transferred to his name majority of my father's business, and the shop.
All I want is too now get possession/partition of my third share in this home, so I can sell it any build a home for my family in the city I currently reside.
My brother is not agreeing, and is causing many hurdles by application of stay/injunction etc.
I do not know what to do.