How can I recover my mother's M I S from post office


My mother is dead I have a brother. She had transfered the nominee to my brother.She had an account in post office as m.i.s.How can I get it..Even my brother is also refusing to give the gold

Answers (3)


312 votes

Dear Client,
As per the details provided by you, my suggestion to you would be--- nominee does not make your brother whole and sole owner therefore he is only entitled to disburse the amount among the legal heirs of the deceased. Thus you can file declaration and injunction suit before the Civil Court for your relief.


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

285 votes

if your deceased mother had made your brother a nominee in the said MIS a/c in post then you have to file a case in the competent court and have to prove that the nominee was made without the consent of your deceased mother. now if your brother is not willing to give you the share of gold without any documents then you can claim the 50% of the properties from your brother, before the competent court.

Popular Property Lawyers


Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
20 years Experience
Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
33 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
19 years Experience
Advocate Jaspreet Singh Rai
Greater Kailash 1, Delhi
17 years Experience
90 votes

Actually there is a concept in our society that the nominee is the owner.
But in summary I can tell by latest judgements that a nominee is just a mere trustee of the property who holds it for him and all other legal hiers.He / she will not become the owner that property or money,he/ she will have to distribute it among the legal heirs.
The concept of nominee has been made to help to get the money/property to the person nominated to help banks and company to reimburse the amount to nominee and it does not have to search for all the legal heirs.
Thus in your case your brother here nominee is not the owner of all that property .You are also liable to get the share .

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Property Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.

Related Questions


"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."



Related Articles