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Can i claim a share

Querist : Anonymous (Querist) 23 May 2024 This query is : Resolved 
My mother hold a saving bank account opened prior to 1980.
In the said account there was no nominee.
Unexpectedly my mother expired on 2006 with a balance of 150000 in the account.
The bank transferred the said amount to newly opened the joint saving account of my elder brother and my self ,( younger son ) with noc from my younger sister and surety of my friend holding a current account in the same branch.
After one year my elder brother purchased a property in his name at my native from the amount withdrawn from the bank and paid the amount in cash.
My elder brother is uneducated not married and jobless I was looking after him.
In the year 2017 he went live with my younger sister in her house at my native and expired on 2020.
Now I came to know that the plot purchased by my elder brother was sold to some unknown person in our Village.
I obtained the sale deed from the sub registrar office and came to know that the plot was sold in the year 2018 for 15 lacs and the entire amount was paid in cash by the buyer, witnessed by my younger sister.
Can I claim a share from the above dealings
T. Kalaiselvan, Advocate (Expert) 23 May 2024
Your brother is reported to have died in the year 2020 whereas the property was sold by him in the year 2018.
Therefore it was he who sold the property and got/utilised/spent the entire sale consideration money.
As he is unmarried and has not left any property behind, from whom do you propose to claim a share ?
If the bank account was opened on joint names, nothing prevented you from restraining your brother to withdraw entire amount from the account for himself without giving any share to you, besides it had taken place very long ago, if at all you had a claim you could have asked for your share in that money only and that too within three years from the date of withdrawal.
Your claim is barred by limitation hence any attempt to claim any share from the dead person will be a futile effort.
kavksatyanarayana (Expert) 23 May 2024
Your brother sold the property in the year 2018 and died in the year 2020 you have no option to claim the amount.
Sudhir Kumar, Advocate Online (Expert) 25 May 2024
Very well analysed and advised.


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