1. Since, your father has died intestate , then this property would be devolved upon all his legal heirs equally and the legal heirs of your deceased brother has no right to occupy the same without the consent of other legal heirs.
- However, as per Muslim law, sisters share in the property is half of the son.
- Hence, you can move an application before the court as you have mentioned , otherwise you should file a Partition suit before the court.
2. You can seek share in the profit of his business as well
3. Legally the consent of all the legal heirs needed for the settlement out of the court , and if any of the legal heir is not ready to partition , then any of the legal heir can file the Partition suit before the court.