I am a Christian from Kerala. My father separated us and died 11 years ago without making any will. I have 1 brother and 2 sisters. Being elder son, I was looking after the family. Sisters are married and well settled. The problem is partition of my father's property (some ancestral property and some land bought by my father in his name).
I built a small house near to our old house (which was in dilapidated condition and collapsed later) at the time of my marriage due to my mother's insistence and my mother stays in that house. The problem is my brother does not agree for a partition and wants to stay in the same house I built saying he also have rights on the land where my house stands. He lives in some other city and use my house to stay whenever he and his family visits native place and damage things there. I am abroad and cannot do anything on this since the property is not partitioned and I am away when he comes and stays there.
All others including my mother agrees that I have right for the house since I built it in my own expense but my brother says that he being the younger son has the right to the plot where the old house stood and not ready to take another property which is also good for house construction. His aim is to prolong the division of the property and due to this the whole property belongs to my father is now abandoned since nobody takes care of that.
My question is it possible stop him from staying in my house until the partition is over? How can I get share of my ancestral property since my brother is not agreeing for an amicable solution? What rights my mother have on my father's property?
I only want a proper settlement with other stakeholders (mother, brother and sisters) and stop this free-for-all attitude in my house.
