Frivilous Title Suit filed

3 years ago

My father died intestate in 2020. during his lifetime he purchased several self acquired properties in his name, wifes name in total there are now 5 class 1 heirs remaining - mother and 4 sons .... no daughter
My youngest brother after his death has filed a vexatious title suit claiming a 1 / 5th share in all properties ie self acquired properties purchased by father in his name and in mothers name as if all properties held by mother was benami . My understanding is only fathers property requires a 1/ 5 th partition as property in the name of mother is her absolute property Sec 14 HSA. The title sale deeds in her name with no restrictions - , mutation in her name ( 20 years plus ) and as she has sold properties in the lifetime of the father therefore exhibiting full control of ownership.
Should a WS BE SUBMITTED for dismissal of the plaint of simply request removal of mothers property from the plaintiffs plaint. he has done this to harass other defendants including my mother.