I am a daughter to my parents and have on elder brother and an younger sister. My brother was married in 1996 and I was married in 2002 and my sister is unmarried. The scheduled property is on my mother's name and died in 1991 intestate. It is her self acquired property and is on her name till date. My father remarried to another woman and claimed that he has right on one-third of my mother's (his first wife) intestate property. He has executed a registered will to his second wife (our stepmother) in order to transfer his 1/3rd right in her name. My father died last month and his second wife is going to get his pension and its benefits. My question is -
1)Who are the immediate legal heirs to my mother's property and at what ratio it can be shared?
2)How much share can my father and her children get?
3) Can my father bequeath his share from his first wife's property to his second wife?
4)As his children can we claim from his share of the property?
5) My brother who is eldest among our siblings, is claiming the whole property as his own and staying in, one of the portions of the house in said property and taking rental income from rest of the house. How can I proceed in the court of law against our brother and our step mother?
I am from Andhra Pradesh, India and my parents are Indian Christians. My mother and father are legally married. After the death of my mother, my father legally married my step mother. My mother didn't pass her property to any other in her life time. She died 25 years back and is there any problem of this big gap of time?
Kindly answer my question at the earliest.
With Regards,
Meena
