I'm writing to you to get your legal advice on how to handle a situation related to inheritance. Below is the summary of the case:
My mother passed away in March 2019, she had some bank accounts, FD's, Mutual funds, a bank locker with Gold ornaments, a plot in HUDA, and a house in which my father lives. My elder brother was the nominee in almost all the bank accounts, mutual funds etc. I recently discovered that she had left a will in which she has said that everything should go to both me and my brother. My brother liquidated these liquid assets or transferred them to his own name between 2020 and 2022 and is refusing to release my share of the money. He has also taken into his possession all the documents of the house and the plot. I'm also aware that my brother has been operating my mothers bank account and using the money for his personal expenses.He has withdrawn money from ATM, activated UPI post my mothers death and made transactions using his phone.
Below are some of the questions in my mind.
1. Does the limitation period apply in case of recovery from the nominee, if yes does this period start from when the money was disbursed to the nominee or when a legal heir first becomes aware (or demands their share).
2. Can filing a police complaint lead to any action and recovery of the money from him ?
3. What should I do to prevent him from transferring the ownership of the real estate into his name without my permission?
