My mother passed away recently and she has a property in her name. The property was bought by my father in 1978 and is not ancestral. The property was registered in my mother's name in 1978. My mother has two sons ie my myself and my brother. We both live in the same mother's property
The property documents are with my brother and I dont have a copy of the document. I am quite sure that my mother has not written a will or power of attorney on behalf of my brother's name. So my questions are as follows:
1) My brother has the original death certificate. He has the original documentation of the property. Can he get a succession certificate saying that he is the only son ? As I understand there are loopholes in the system and my fear is that whether he can get a succession certificate that he is the only son and sell the property without my notice.?
2) As he has the original documentation of the property, can he pledge the property to any money lenders or bank without my notice ?
3) I am concerned that my brother can go to any means to sell the property. I would like to know the points that I need to be careful about so that I dont worry about the property being sold or pledged without my notice.