Kerala Christian Property Rights
I am an NRI and Christian from Kerala. My father died 11 years ago without making any will. I have 1 brother and 2 sisters. Sisters are married and well settled. The problem is partition of my father's property (some ancestral property and some land bought by my father in his name). We did not have a proper house to stay. I built a small house near to our old house (which was in dilapidated condition and collapsed later) due to my mother's insistence at the time of my marriage and my mother stays in that house. The problem is my bother does not agree for a partition and wants to stay in the same house I built saying he also have rights on the land where my house stands. He stays in some other city and use my house to stay whenever he and his family visits native place and damage things there. I am abroad and cannot do anything on this since the property is not partitioned and I am away when he comes and stays there.
All others including my mother agrees that I have right for the house since I built it but my brother says that he being the younger son has the right to the plot where the old house stood and not ready to take another property which is also good to construct house.
My question is it possible stop my brother from staying in my house until the partition is settled? How can I get share of my ancestral property since my brother is not agreeing for an amicable solution? What rights my mother have on my father's property?