In your query you raised several interesting questions, which require legal answers. First, as per your naration, the property appears to be ancestral property, that came to your father from great grand father. If that be so, then your father's will bequeathing the whole property is not legally tenable, for the reason by the moment of birth of children, they acquire deemed share in the property. In simple terms, he could write a will only 1/4th share of the ancestral property that 3/4th belong to his three children. That is one aspect. If you take a plea that there is a "will", then you have to challenge his right to bequeath the entire property instead of 1/4th property, he entitled. (I am assuming that your father's mother and your mother expired before your father died and on such presumption, I am giving this legal advice). If such argument is accepted then your brother will have 1/2 the share (1/4th his original share plus 1/4th - his father's share he acquired on the basis of the will). If your mother was divorced and never married again with him then she did not have any right in the property, whether there is a will or not. But, if she remarried and she has survived her husband or still she is surviving then the legal position is different. She also has got her equal share in the property and then the whole property be divided to 1/4th each - one part to mother, 3 parts equally to 3 children). The will can be challenged on several grounds, being that it has not been drawn at any point of time and it is forged one or it has not been executed in accordance with the law, i.e., it has not been signed by the testator in the presence of two witnesses or the will is drawn up under duress, coercision or during mental incapacity etc. It is your broth's duty to prove that the will is executed in accordance with the law, and also it is his responsibility to prove your mother's remarraiage with your father, once you show that she is divorced. You simply file a civil suit for partition along with your sister by engaging a good advocate and things start to fall in right places.
