1) a nominee is only trustee for legal heirs 

2) apply for and obtain succession certificate from district court 

3) you have equal share in fixed deposit lying in bank  of your deceased brother 

You have equal share in deceased brother property 

2) applyfor and obtain letters of administration from district court for immovable property standing in name of deceased brother and for fixed deposit standing in his name 

You needs to file for Succession certificate and the same will be challenged by other legal heirs in your case.  Therefore court will decide the same

Hello,

yes you can claim 50% share in the said property. If she does not turns up despite service of the summon then the court will pass order in her absence.

regards

Yes you can approach municipality in order to establish succession.

regards

It is important to know the difference between a nominee and a beneficiary. A nominee is a person who is nominated in an insurance policy to receive or administer the policy monies upon the demise of the policyholder. A beneficiary does not merely act as an executor or trustee who holds the policy monies for others.

You will have an equal share in the property of your deceased brother.

You will have to seek letters of administration and succession certificate from court for transfer of movable and immovable property belonging to your late brother.

Dear client 

You can file the petition for succession certificate in court by which court will give succession certificate to both of you.

Partition suit can be filed for the immovable assets of your parents but not on immovable property for that you will be needing succession certificate.

And for transfer of property in your name you can apply for legal heir certificate in municipal corporation. After which property will be transferred to you and your sister name. 

But if your sister is nominated in the bank account and other investment by your brother then she will have to go to bank to withdraw the money. 

A nominee of an account holder is merely a care taker of the property or money. After the death of the account holder, the nominee is the person to whom the property/amount is to be disbursed by the bank and the amount so disbursed is subject to any claim by successors of the deceased. So the nominee is not the owner of money and she is only a care taker or trustee. The legal heirs of the deceased has the right to claim money under law.

You will not gain anything as the nominee is your sister and that will prevail.

Dear Sir,

Yes, you can file a succession petition in court and get your share in your brothers property. i.e FDRS as you and your sister having equal shares.

The following information may kindly be read:

First, let us understand the rights of a nominee in case of Bank Fixed Deposit (FD). It is very much important to appoint nominee in all your financial transactions. Otherwise, you may end up with cases like THIS. In the case of Bank Fixed Deposit (FD), below are the few rights of nominees.

• Nominee acts like trust. He has no rights over the asset. He simply acts as a custodian and makes sure that the deposit must reach to a proper legal heir. However, he can claim the amount only when it is  specified under the will or if he inherits the money.
• He is the contact person in case the depositor dies before maturity.
• He has to submit the proof while claiming the amount.
• The nominee must be an individual and one member. HUF, trust or societies can’t appoint nominees.
• If you haven’t appointed nominee during creating Bank Fixed Deposit (FD), you can do so at a later stage too (but before maturity).

Nomination dose not give any inheritance right.Purpose of appointing a nominee is to have someone who is trustworthy and responsible to handle the nominator's assets after his death and than assets will inherit equally between heirs. 

Apply for succession certificate. Do expired siblings have any children, if yes than they will inherit their share.

1.  IF deceased brother has left a WILL, THEN file for probate of the will in your favor.

2. IF deceased brother has NOT left a WILL, THEN file for "letter of administration" in your favor.

1. Mere nomination in respect of movable assets of investment doe snot make any sole right in the favour of the nominee and the law of inheritance will take force as if there is no nomination.

2. So if you file a succession certificate then the court is bound to divide the money among his legal heirs left your Brother , since deceased.

3. In the succession certificate proceeding seek injunction as well so the bank may not disburse the money n favour of your sister in the meantime.

1. If there are no other legal heirs of your said late brother execpting you and your said sister, then you can claim 50% share of your late brother's moveable and immoveable properties based on the succession certificate.

2. Bank will go as per the succession certificate isued by the Court. Yopu shall have to write to the Bank not to close the FD accounts of your late brother and remit the amount to the account of your sister being the nominee.

1. Succession certificate issued by the Court indicates the successors of movebale property.

2. You can get the legal heir certificate even without any succession certioficate obtained from the Court.

Brother sister will inherit deceased brother share only when he died heir less and bachelor.

Until and unless ther is a stay order by any court of law, the bank or the post office are not obliged to stop the payment of death claim amount to the nominee of the account of the deceased.

Even though a nominee is just a trust to receive the claim amount on behalf of the legal heirs and to distribute the same to all the legal heirs equally, the nominee i.e., your sister may think it otherwise hence you being one of the class II legal heirs similar to her status, you may file a succession certificate before the court competent to claim yor share also to direct the concerned authorities to stop disbursement of the amount until the case is disposed and then to distribute the amount equally to all the legal heirs as listed by the court of law.

Discuss with a local advocate and proceed.

The succession certificate in respect of class II legal heirs by a court competent will be sufficient enough to prove the legal heirs to the deceased and you need not apply for legal heirship certificate from any revenue department subsequently. moreover the revenue department has no authority to issue legal heirship certificate in respect of class II legal heirs of the decesed, they are empowered to issue legal heirship certificate only in respect of class I legal heirs of the deceased alone.

On demise of brother intestate you and your sister  being surviving siblings would inherit bachelor brother estate 

children of deceased brother and sister have no share in his property 

Yes they all have shares in the assets left by their respective their parent.

As he was bachelor a his siblings will have share if siblings died then there children will have share

No, they cannot claim any share in such properties that belonged to your deceased brother.

It shall belong to his class I legal heirs, in the absence of class I legal heirs then it may devolve on the surviving class II legal heirs namely his siblings who survive his death.

DECEASED 1ST ELDER BROTHER'S SON & DAUGHTER are not eligible 

DECEASED SISTER'S SON & DAUGHTERS are not eligible 

Regards