Who owns property after fathers death

If your father has left behind a will, then the property will be divided in accordance with the will. If your father died without leaving a will, then the property will be distributed in accordance with personal laws. However it’s important to know that under Hindu Succession Act, children have equal shares to the ancestral property of the father. If the property is self acquired, the father can will it to anyone he chooses. In the case such as yours where the father has passed without leaving behind a will and the property is self acquired, your mother and other siblings have an equal share in the property. 

Considering your uncooperative elder sibling, it's advisable to consult a lawyer to draft a family settlement agreement or partition deed. This legal document delineates your share or percentage and should be registered with the sub-registrar for validity. Seeking legal assistance ensures clarity and protection of your rights in property matters and familial complexities. In case a dispute arises in the partition, you will have to file a partition suit to resolve the matter. 

To learn more, read the article on Sons and Daughters Rights in Father's Property.