We are 4 children. 3 brothers and 1 sister. I am the second one. Our property is at 2 places. 4 shops and 4 shops. The property is self-acquired by our mother. She died during 1994. She executed a will, that says 3 equal shares in one property and 4 equal shares in another. But in the will it is not mentioned as to which portion to whom. The will says we, the children of our mother, have no right to sell but to enjoy the fruits. It further says that our children have full rights to enjoy and sell.
My elder brother is married and has 3 children. My younger brother is not married. Our ages are 62, 58, 54 and 53 respectively. I am married and have a boy. My sister is married and have 1 daughter. My elder brother has occupied the 1st property years ago forcefully. He has been enjoying all the rents in the 1st property. He had entered into a sale agreement over the 2nd property also. The buyer had filed a suit against him as the seller (my elder brother) has neither entered into sale deed nor returned the money to the buyer. The buyer had filed a suit against him.
I had filed a partition suit in 2012 in the court for getting the properties divided as per the will