Inheriting father's property
This is Mala Mukherjee (Female, Married, Age: 52) a citizen of India (Home address: Pandua, Hooghly, West Bengal, 712149). My father passed away in 2005 at the age of 86, leaving behind our mother and five offsprings (3 sons and 2 daughters). In his lifetime, my father made properties in the form of a dwelling house, a shop, additional lands, and ponds. He did not inherit anything of these from anybody and made everything by his own from his government job and side businesses. But he did not make any will regarding his movable and immovable assets before his death and everything is in his name. Two of our brothers have been living in that dwelling house with their families from the beginning. Our 81 yrs old mother is still alive and also lives in that same house at present. There have been several talks in the family in past few years about partitioning and dividing the whole properties. My brothers (2 elder and 1 younger) are not agreeing to do so and not willing to give equal shares to their sisters. The brothers continue to occupy the house and run business in the shop while using all other facilities of the property.
My question is, do I have the legal right to claim a one-sixth of the whole property valuation and enforce a division/partition at this stage to acquire my share. If so, please suggest me a proper procedure to conduct this.
thanks and regards,
Mrs. Mala Mukherjee