Legal Question in Wills and Trusts in India

your mother can executed a will and bequeath her properties according to her wish. after your parents demise, the first property goes to you and the property bequeathed to father would be divided between you and your brother in case he dies intestate.

Your mother has two options to give her property to you and to your dad, 1st is by Will which will be operative after her death but the practical problem is that your elder brother will challenge the so called will on various grounds and the 2nd is that she can gift the properties to you and to your husband in her life time by paying the court fee. The execution of gift deed would bar your elder brother to raise any problem for you or your dad after the demise of your mother.

i agree with Adv Gupta.

Since it is self acquired, your mother can pass over property as per her will no body can claim any right therein. Even she can pass it over to a stranger. So challenge of will is out of question.