Hi, Though the property was relinquished in favor of your mother but she has died without any will so you have right to claim your share in the property.

After the death of your father each three of you inherited 1/3 share in his property. You released your share in favour of you mother and thereby she became owner of 2/3 share in the property. After the death of your mother her share shall be divided between both of you. You will be owner of 1/3 share and your brother shall own 2/3 share.

You can now claim share as legal heir of your mother.

Property can not as such be transferred in your brother name without your NOC

You can ask a settlement with your brother and in case of dispute you can file a suit for partition.

On father demise your mother , your brother , you were the legal heirs

2) once you relinquished your share your mother would have 2/3 rd share in property

3) you have not mentioned whether your brother also relinquished his share in property or not

4) on mother demise you and your brother would inherit her share in property equally

5) property cannot be transferred in brother name without your consent

6) apply for letters of administration from district court in your name and that of brother as legal heirs

7) then apply for mutation of property in both your names

Succession certificate is only for movable debts and securities

2) for immovable property you need letters of administration from district court

3) notice to you is mandatory as you are legal heir to the property

Was it self acquired property of your father ? Also whether your RD in favour of your mother was registered?

A succession certificate is in respect of movable properties only , bank accounts, shares etc. An immovable property is transferred through mutation. If your brother wants to get transferred the property in his name he would have to produce Will of your mother and yet a N O C from you shall be required.

1) make enquiries with bank wherein your father had bank accounts

2) your brother cannot apply for succession certificate without your knowledge . However if your brother suppresses facts that he has a brother he can fraudulently obtain succession certificate

3) nominee is only trustee for legal heirs .

4) nominee cannot claim money lying in bank account , locker to exclusion of other legal heirs

5) your brother will have to share amount lying in bank accounts etc equally with you

The answer to first part of your query remains the same.

About second part; there is no such way to determine the movable assets of a person. It is only through receipts etc in the records kept by the person, one could know.

Your brother can not get a certificate of succession without your knowledge. He has to serve a citation on you rather a public notice is also required. One might resort to fraudulent means.

As far as bank accounts/ lockers/securities are concerned, banks allow withdrawals by the nominee in the first instant.

Though a nominee can withdraw amounts in banks/lockers etc but he holds the amount as a trust on..behalf of legal heirs. Therefore a succession certificate decides the ownership. But it takes time to get a succession certificate and a nominee can withdraw the amount. . .

1. Can I claim my right to the property

yes you can claim your share in the property, you have relinquish your share in favour of your mother. if your mother died intestate then your right again accrued in the property.

2. Can the property be transferred to my brother without my concentrate

your interest is vested in the property so your brother cannot get is by default. your consent is necessary for any interference [like transfer of this property] in the property otherwise it will be void.

3. What is my best recourse to safe guard my interest

you should file a civil suit for injunction order and partition of property. injunction order will maintain status quo in respect of the property.

1. Can I claim my right to the property

Yes you can claim your share in the share of your mother's property as her her legal heirs.

The share of property what you relinquished was to your mother and she is reported to have died intestate, therefore the properties lying on yor mother's name shall devolve equally on her legal legal heirs, in which you have a right for a legitimate share in it.

You can claim the same either orally or vide a partition suit through a court of law.

2. Can the property be transferred to my brother without my concentrate

No, it devolves on both of you hence he is entitled to only his share in it legally.

3. What is my best recourse to safe guard my interest

You file a partition suit if he is not agreeing to allot your share.

given it was not a self acquired property for my mother does that play any role?

The property that was on your mother's name shall be her own and absolute property, you have a right to a share in it.

Also I have been reading about a succession certificate, can that change the order of things? Can my brother apply for one without me being on it? What do I need to watch out for?

Whether your brother applying for a succession certificate or a leg heirship certificate, you canot be excluded from the property.

Your rights in the property cannot be denied.

You can file a partition suit with an application for injunction seeking to restrain your brother from alienating or encumbering the property in any manner till the disposal of suit.

Also could you please advise on

1. how can one find out about all movable assets in an individual's name?

One has to search for the same either by making a random search in the registrar office or through some reliable source

2. Can my my brother apply for a succession certificate without me or without me knowing

succession certificate will not be applicable for immovable properties,

The succession certificate will not decide your right to a share in the share of your mother's property.

You can file an objection to the application he has submitted to obtain succession certificate excluding your name.

3. Does a succession certificate supersedes a nomination of a legal heir for bank accounts and locker

Nomination in bank is different to succession certificate. On the basis of succession certificate all the legal heirs of the deceased account holder can establish that they are the successors in interest, but they have to give a notice tothe bankers to stop payment or settlement to the nominee which shall be considered.

4. Lastly if a legal heir is the nominee to a bank account and/or a locker. Does the same partition standards apply or can the nominee claim it all.

Nominee is just a trustee to receive the property or money of the deceased on behalf of the legal heirs.

Therefore the legal heirs can issue a legal notice instructing the bankers to stop payment or settlement in favor of nominee till the disposal of case before the court of law.

1. Since your mother passed away intestate her share devolved through intestate succession on her both children equally.

2. You or your brother can apply for mutation of the property in your respective names.

Succession Certificate is required for only liquid assets, not immovable property.