Dear Client,

Nominee can collect the money than it will distribute between mother legal heirs. 1/3rd share each. Or she can execute WILL, than all her assets will transfer on the name of beneficiers on the basis of WILL.

1) on mother demise property would devolve on legal heirs as per muslim personal law 

2) your mother can during her lifetime execute gift deed to transfer property in your name and that of your brother 

3) gift deed should be attested by 2 witnesses 

4) your mother can execute will for only one third of property as per muslim personal law 

5) with consent of legal heirs it can be for entire property as well as bank accounts 

6) mother can make nomination for money lying in bank accounts however please note that nominee is only trustee for legal heirs 

Hello,

the best will be that you ask your mom to make a will so that the same can be executed after her death. Toy may take phone consultation if you want to talk.

Regards

On demise of your parents, both legal heirs get equal share. 

As per Shariah law both legal heirs have equal rights in mothers property. 

Without consent of your brother you cannot withdraw or claim money from Bank. 

No need for any documents  

See to transfer same in your favour your mother can make a will in favour of both you and your brother based on same you can access the account and transfer the property.mutuation in favour.

If there is no will then you all legal heirs have to pay for succession certificate to.access account and the bank.locker from court.

For the bank you can file nomination. All other assets if you want to decide before her death them Registered gift deed is the remedy. And after death if you want to decide then execute Registered will now

1) you can submit a letter in the bank as you and your brothers are legal heirs for movable property  and for immovable property you can make application in the municipal authority and in revenue department to transfer property on your name.

1. As per the information mentioned in the present query, makes it clear that you are concerned about to avoid any future legal hurdle to avail the property of your mother, if she boards to her journey for heaven.
2. There may be two situations, first is of your mother execute the will for her immovable property including the kind/ cash in bank etc.
3. Or make anyone a nominee out of you and your brother or both for cash/ kind in bank only not for immovable property.
4. Secondly, if she doesn’t executed a will and dies intestate then you both will have to take the succession certificate form the civil court of law to cliam your equal share in ge immovable property.
5. And legal heir certificate from the office of the Tehsildaar of your district to cliam equal share in the bank money etc.

Hi,

It is better that the mother makes you and your brother as the nominee and writes a will as per the convenience to avoid any future issues. 

If your Mother expires without leaving a will, her legal heirs will have to obtain succession certificate or letters of administration from court in order to claim the properties in her name.

You can ask her to execute a will in favour of any or all of her legal heirs.

Alternatively, you can also execute a gift deed gifting her properties to any person. The deed needs to be mandatory registered after payment of requisite stamp duty.

The property now in the name of your mother shall devolve equally on your brother, father and on you after her lifetime if she is reported to have died intestate.

At that time your father should execute a registered release deed relinquishing his rights in your favor or he can transfer his share by executing a Hiba deed in your favor.

Instead she can execute a settlement deed in your both favor at this time itself so that you do not have to run between pillar and posts at that time.