Right to inherit property

It is believed that you are Hindu.

Your brother has equal share in property left by your mother without any WILL. Avoid biterness and share equally.

Nomination in society does not create parallel route to succession.

Yes, you have equal right in the property purchase by your father, if there is no will in you brother's favour and your father is not alive.

.

Thanks

you mean to say had my late mother WILLED the sole right in favour of me or me & my mother,

no one could have challanged the same.

Any WILL can be challenged/contested, on merits.

In Mumbai, it being a presidential town, it is mandatory to probate the WILL.

If there is no WILL left by your father and mother then both of the brothers (as per your post there is no other child than both of you) have equal share in estate left by your father and mother, including but not limited to two flats e.g. bank FDR etc even if nomination is made.........

All of your queries have been properly addressed.

Now you may proceed further under expert advice of your able counsel specializing in family/revenue/property/civil matters.

Needless to mention  you can also contemplate same action as your brother and demand equal share in property being enjoyed by your brother, provided your father has not left a valid WILL in favor of your brother. If any WILL is left that needs to be probated and you will get the notice. The society is under obligation to ask for probate of the WILL, if any.

Certainly an amicable family settlement (registered) is the best option for future.

You may proceed as deemed fit at your end.

you mothe died intestat than you and your brother are having equal sahre in her properties

We are 3 Brothers & 2 Sisters of a Hindu family in Kolkata.Our father who left us intested ,made a two storyed house at Kolkata long back .The foundation of the house is not good enough to construct any additional floor.Hence we were in a discussion to re-construct a new building considering having our equal shares amongst five.

Now a news has come on Nov.'02 ,2015,that  Quote " In a ruling that will restrict the right of women seeking equal share in ancestral property, the Supreme Court has said that the 2005
amendment in Hindu law will not give property rights to a daughter if the father died before the amendment came into force."

Unquote

Thereafter a question has arisen wheather the property should be equally shared amongst the three brothers instead of five brothers & sisters.

Kindly clarify.

A.Bandyopadhyay

As per my knowlege daughter/s are included long before 2005 that they will have equal share in property, in 2005 amendment daughters are included as equal to sons in joint family or coparcenary property, earlier which was limiled to unmarried daughters, now married daughter/s can claim rights on coparcenary property