Legal Question in Real Estate Law in India

dear sir,

my father died in 1983 with a registered will,

in his will he had stated that his huf be divided into equal shares between his four sons and did not give any share to his daughters

he stated that since we are married in well off families we have no share,

now the problem is there are four high value properties(which my dad received by a registered will from my grandfather) in my fathers huf's name

and my brothers do not want to give us any share , my mothers is willing to give us share but my brothers say that she has only right to maintainance in the property and hence she cannot will the property to us(but she can claim her share if the seperation takes place when she is alive),

i would like to take your expert opinion

for

1> my share

2> my mothers share in the said huf

i would also like to know if i am a member of the huf?

my dad in his will had mentioned that he had 1/6th share in the HUF which he has given to four of his sons in equal shares,

and also directed that his huf be divid in four equal parts for his four sons

i am assuming that 4 brothers had 1/6th share each and

1/6th is a question mark as it is not explained in the will ?

no where in the will had my dad given me any share in any of his or his HUF property

and i got to know from my family CA that the 7/12th extract does not contain my name it was tranffered from my grandfather assets to my father's huf via will of 1983 and in 1998 it was transferred in names of my four brothers and my mother

1 Answer from Attorneys

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