Deseased person legal heir

wife children and mother all comes in first class legalheirs category

Thanks a lot for your suggestion sir. Can my mother file a partition suit to get her Share from my brother 10 acres land by including wife and his children as defendants. Pls suggest.

Try to solve the issues amicably and get her share 

Yes Sir, as suggested we will try to solve internally. If not possible I will ask her go for partion suit in the court. Thanks a lot for ur reply.

Most welcome 

Whether the deceased was a Hindu, Muslim, Christian or any other religion as the personal law of succession differ ?

Presumably the deceased was Hindu, his wife, mother and children shall be included to succeed him as class one legal representative, as advised by expert Mr. Sankarnarayanan, I endorse and appreciate his acumen.

Yes he is Hindu. Thanks a lot sir for your suggestion.

Why you want to push the mother to the court against the widowed sister-in-law and the children?

I don't want to push sir, mother want share on that property because widowed sister in law filed suit on her self acquired property. Thank You.

The class I legal heir of the deceased brother are his wife, children and his mother.

The properties left behind by him upon his intestate death shall devolve equally on all his legal heirs mentioned above.

If there is  dispute within the heirs, then the aggrieved legal heir can approach court of law with a suit for partition seeking equal partition and separate possession of his/her legitimate share in the property 

Thank you sir for your reply.

Due to this dispute, my father is in a plan to  file a partition suit by keeping  all his and his sons and daughters joint family property along with my deceased brother . Is this is fine?

Or whether my mother need to file another or separate suit only for deseased brother  10 acre land by including my brothers  another two legal heirs wife and Daughter as defendants? Please suggest.

Your further clarifications suggest deeper issues.  And you have not been fully honest with facts; rather you are in a mission which is less than ethical and is posting facts in bits and pieces to get suggestions that suits your convenience.

A   dispassionate view of the facts you have posted and those which you have chosen not  to post,   reveals that the property of the deceased brother, though self-earned, is still in possession of the father, not the rightful legal heirs, the wife and the children. Now the wife has approached the Court. Does not morality and equity warrant that possession,  she and the children are entitled,  be handed over to her without too many a hassle?

Sir, please don't misunderstand, My deseased brother property legally he has sale deed but for that all the money was paid by my brothers who are doing agriculture. With the family bonding they registered land on him . Now he is no more. I think now you can understand their pain. My mother is trying to help them by following right guidelines.  If possible pls suggest for the above question regarding suit.

Filing suit is your parents legal rights. Now you got some ideas from the discussions. you can keep these all  and find a local lawyer and discuss and find more ways and file a suit.