Father bought flat in mother name for benefit of joint family 

2) I presume your mother was housewife and had no source of income 

3) you can file suit to set aside sale deed and claim one third share in flat 

4) seek an injunction restraining sale of flat by purchaser 

If there is a will of your dad not giving you share then they can sell without informing you. If not then the said act is illegal you can file suit for cancellation of the said transaction

Dear Sir/Maam

The self acquired property of a Hindu woman is her absolute property and she as owner gets right to sell or do away with it according to her wish. The children of a Hindu woman only acquire rights in her self acquired property if she passes away interstate ie without will as her legal heirs or in the second case when she makes a will in their favour. Thus as the property was self acquired by Sir's/Ma'am's mother by her husband, Sir/Maam can't claim a right on her property or the money she has acquired by selling the property. 

Thank you

If your mother has absolute rights over the property you cannot stake a claim.

G.Rajaganapathy 

High Court of Madras 

As the property is purchased by late father in the hands of mother it is ancestral property. Any transfer of ancestral property without written consent of any legal heir is void. They will not share the sale proceeds with you easily. You can get the sale cancelled through Court. Issue notice through lawyer to the legal heirs and the buyer of property seeking partition  of property and cancellation of sale deed. After that file a suit in district Court seeking partition, separate possession can cancellation of sale deed. Add buyer of property to suit as party. For filing suit you need not come to India. For filing suit you need not come to India, your location is shown as New Zealand. Draft a GPA in favor of you friend/relative on 100 rupees bond paper giving him power to file suit on your behalf. Take that GPA to Indian Consulate/High Commissioner  and get it attested by official there. The GPA has to be in specific  format.  Send it to the person named in India. He can do everything appointment of Advocate, filing case, defending case etc. for you.

1. The title of the said flat stood in the name of your mother for which she is entitled to sell it of.

2. However, since she was a housewife and the said property was bought from the fund provided by your deceased father, you can claim your share of the sale proceed of the said flat.

3. You can file a declaratory suit praying for a declaration that the said flat actually owned by your deceased father who bought it in your mother's name and also claim your share of the amount received by selling the said flat.

4. Engage a local lawyer for filing the said Suit.

Hello Sir

I have gone through the Contents of your query submitted herein. I would like to ask that you have not mentioned from which sources the said property had been purchased by your father. whether it is ancestral or self-occupied property of your (deceased) father or your father get any share from inheritance thought by which he purchases the said property in the name of your mother. Further, it is required whether your mother is a housewife or working. Copy of the sale deed has to be seen the reason being which mode the payment was made and through whom bank account. If you are able to give me above mention information accordingly I will advise you. However, as your question concern mentioned hereinabove, I will say you will not get anything from your mother if the property stands her name and the amount of sale consideration paid by her from sources of income.

Regards

G.L.SONI

ADVOCATE

You can challenge the ownership of your mother on the ground that the entire consideration for the purchase of the property was paid by your father. If  she is unable to prove her source of making payment for the property, then court would declare your late father as the owner of the property and intestate succession would come into picture wherein you would he entitled to a share as well.

Only if your father has not executed a registered will or hasn't executed a gift deed excluding you from the property, then your claim can survive. You can file suit for cancellation of sale deed, you can make a paper publication against whosoever concerned stating that you have right in the property and therefore if there is any transfer by way of any mode as classified in the Transfer of Property Act or any other act for the time being shall be considered void ab initio as the same is executed without you and your right in the property survives by way of succession.  

Firstly this property was purchased by a registered sale deed in favor of your mother,

Even though your father funded for the purchase of this property, since it was purchased on your mother's name, it becomes your mother's own and absolute property.

It means your mother has full authority for disposing this property without taking the consent or permission of her children.

Thus neither you nor your brother have any rights in the property or in the sale proceeds. 

Therefore if you take any action to seek your share in the proeprty due to your anxiety or on any misguidance, would become a futile effort, all your efforts including money and energy will be lost to file any suit which is not legally maintainable.