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nlr (na)     22 April 2025

Father's savings after his demise

Father passed away in sept 2021. Older brother was fully taking care of father. I was not even visiting them. My father had money in bank account. Brother has not shared any of that money with me. What can I do to get my share. My mother passed away many years ago. 



 7 Replies

R.K Nanda (Advocate)     22 April 2025

Demand from your  brother, your half share in said money of your father failing which you can file recovery suit against your brother in court. 

nlr (na)     22 April 2025

It's more than three years since my father's death. Can I still file?

kavksatyanarayana (subregistrar/supdt.(retired))     22 April 2025

If your father died intestate, you have an equal share of the amount.  Send him a legal notice; if he does not respond, file a suit.

T. Kalaiselvan, Advocate (Advocate)     22 April 2025

You serve a legal demand notice demanding payment or settlement of your share in that money.

If he acknowledges that then your limitation to file a suit for recovery of money will start fresh.

Dr. J C Vashista (Advocate )     23 April 2025

How much money was there in the Bank account of your deceased father ?

nlr (na)     23 April 2025

I don't know. 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     26 April 2025

You do not know how much money your father had in his account. You do not know whether your father had filed a nomination. You do not know whether your father had left a will. Your brother was taking care of him. You were not even visiting your father when he was alive. If your brother has taken all the money, it would have been possible only if your father had an either or survivor or a former or survivor account along with your brother or your father had nominated your brother for the account. Though there are judgments ruling that a nominee alone does not have  exclusive beneficial rights over intestate property, most people believe that holding the money in survivor account or nomination gives the successor exclusive right. Your father also would have thought so.  The judgments otherwise are a pulling of carpet from under the feet.

For the above reasons and since now it is more than 3 years after your father died, abandon the claim. You have no moral right for the claim.


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