Capital gains will be applicable on the transaction and the same could be Short Term Gains or Long Term Gains depending on how long you have held the property. You could utilise the sale proceeds received from the Builder to acquire another residential property within a period of 1 year from the date of the sale to minimise and/or avoid capital gains payment.
Nomination does not give title to property. You can seek Letters of Adminstration from a Court of competent jurisdiction and then by consent of all heirs, transfer the proeprty to the name of your mother. However, if you father's brother is agreeable, then in some case the properties are also transferred by the Society/Authroties etc., on the basis of affidavits and Indemnities of the original ...
(View more)
The Plaintiff in the Partition suit will have to bear the expenses for publication etc., however you could be considered as costs of the suit at the time of passing final decree in such suit. There is no other manner to settle this, other than by mutual agreement. The civil suit for partition is the right way forward.