Our estranged brother had taken away our mom's jewellery when she stayed with him for just 4 months. He also got papers signed by her to make himself nominee for her bank account where substantial amount is lying. We came to know of this after our mother's death.
What legal action is possible?
Ans: You are going through a sensitive issue. Losing a parent is deeply painful. Facing a dispute with a sibling after that is more painful. I respect your courage in raising this matter. You are doing the right thing by exploring a legal route.
Let me guide you clearly and fully.
This answer will focus on:
Legal meaning of nomination
Jewellery taken away without consent
Rights of other legal heirs
Steps to claim rightful share
Documents and proof needed
Role of the bank in nominee disputes
Steps if the jewellery was misappropriated
What not to do during the legal process
How to act as a united family (if possible)
Role of Certified Financial Planner in family money
Final insights for long-term peace
Legal Meaning of Nomination:
Nominee is not the owner of the asset
Nominee is only a trustee of the money or asset
He must distribute it to legal heirs as per law
If there is no Will, all legal heirs get equal share
In your mother’s case, if there was no Will, all children are equal legal heirs
Nomination does not remove the rights of other heirs
So, even if your brother is nominee, he must share money
You can legally stop him from taking all funds
Banks often think nominee is full owner. But this is not correct by law
If challenged, nominee has to prove that the money belongs only to him
Otherwise, he must give others their rightful share
You can take legal action in civil court if needed
Jewellery Taken Without Family Consent:
Jewellery gifted to your mother is her self-acquired asset
If she carried jewellery with her during stay, that’s fine
But if your brother took it away forcefully or without sharing, that’s wrong
He must give it back or its value to all legal heirs
You can file police complaint if it was taken without consent
You can also file case for recovery in civil court
If he got mother’s signature by trick or pressure, that is invalid
Any property or jewellery taken by fraud can be recovered legally
You may need to show that others were not informed or consulted
This becomes stronger if other siblings support you
Statement from close relatives helps in such cases
Proofs like photos, bills, or locker details also help
Do not worry if you don’t have full documents. Legal process can still work
Your brother must prove he got it fairly. Not the other way around
Even if there was oral gift or Will, it must be valid under Indian law
Rights of Other Legal Heirs:
If your mother died without a Will, it is called “intestate death”
In such case, her children and spouse (if alive) are legal heirs
Each legal heir gets equal share in movable and immovable assets
Jewellery, money in bank, FDs and other valuables are all included
Nominee cannot claim 100% ownership unless proven by Will or gift deed
If you are 3 children, each gets one-third share
If there is father also alive, then all get equal share including him
You can file a case to divide the assets equally
No one has extra right unless mother gave it in writing properly
Steps to Claim Your Share:
Write to the bank asking not to release the money to nominee alone
Attach death certificate and legal heir certificate with the letter
If money is already released, ask for a copy of nomination form
File an application in civil court for partition and injunction
Ask court to freeze further movement of funds and assets
In court, ask for share in jewellery and bank balance
Share all available details of jewellery and assets
Court will call your brother to submit his reply
You must show you were unaware of the nomination and jewellery transfer
If he does not give satisfactory answer, court can order fair division
Legal heirs can also file a combined case if all agree
Documents and Proof Needed:
Death certificate of your mother
Legal heir certificate from Tehsildar or Municipality office
Identity proof of all legal heirs
Bank passbook copy of the account with nomination
Application form of nomination from bank (ask bank to share)
Statements, SMS records or any written exchange on jewellery
Bills or photos of the jewellery with mother if available
Affidavit from family members on ownership of jewellery
Any letter or note left by your mother regarding assets
Medical proof if your mother was not well during signing the nomination
All these documents support your case in court
Role of Bank in Nominee Disputes:
Banks follow nominee instructions as per form on record
They are not responsible to divide between heirs
But they must not release funds if legal heirs object before withdrawal
You can submit a stay request from civil court to block funds
Once bank is informed of the dispute, they must act neutral
They will not release full funds till matter is settled legally
If they release funds after dispute is known, you can hold them accountable
Try to communicate in writing and take stamped copies from bank
Steps if Jewellery Was Taken:
Try to collect basic proof of jewellery taken
Get statements from family or neighbours if needed
File a complaint with police if theft or misappropriation is suspected
Mention that she was under influence or pressure during that time
Police may ask your brother to explain his side
You can also go to civil court to demand value of jewellery
Court can ask him to return value or the items themselves
All legal heirs must sign this complaint jointly for faster results
What Not To Do:
Do not get into verbal fights or emotional threats
Do not block other heirs from attending rituals or family talks
Avoid public humiliation or WhatsApp group fights
Court looks at behaviour of both sides. Keep your calm
Let lawyer speak. You speak only with documents
Do not assume nominee becomes full owner – that is incorrect belief
Do not delay action – assets may be withdrawn or sold
How to Act as United Family (If Possible):
If other siblings support you, file a joint petition
Try talking to your brother before going to court
Explain that nominee is not sole owner by law
If he agrees, split wealth peacefully
If he does not, take legal action without delay
Family peace is always better than court, if possible
But if cheating is done, then court is the right option
Role of Certified Financial Planner in Family Assets:
CFP helps families keep joint asset records
CFP can guide on family wealth planning during life
CFP also advises on how nominations should be done properly
CFP ensures no confusion after death of any member
CFP can also guide heirs on division based on law
Certified Financial Planner is not just investment expert
He works with family goals, safety and legacy planning
Your family can benefit from one even after this legal case
Finally:
Your brother is nominee. That does not make him full owner
All legal heirs have equal rights if there is no Will
You must protect your family’s rightful share
Court can help divide bank money and jewellery fairly
Gather documents and file a legal claim
Try for family settlement, but prepare legally too
You are taking the right step by asking these questions
It is never too late to stand for fairness and truth
Family wealth must stay within all rightful members
Best Regards,
K. Ramalingam, MBA, CFP,
Chief Financial Planner,
www.holisticinvestment.in
https://www.youtube.com/@HolisticInvestment
Question by Sanjay on Mar 12, 2025English
