Sir, since you are the legal heir now you can claim the money .. Another things that needs to be taken in consideration 1) who was the nominee of the said account 2) are their more legal heirs

1) on mother death intestate your brother and you are legal heirs

2) survivor is trustee for legal heirs

3) your brother was not absolute owner of money lying in joint accounts

4) on brother death you would inherit money lying in said account if he was a bachelor

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6. SETTLEMENT OF CLAIMS IN RESPECT OF DECEASED DEPOSITORS

To facilitate expeditious and hassle-free settlement of claims on the death of a depositor, the following guidelines may be followed:

Access to balance in deposit accounts

6.1 Accounts with survivor/ nominee clause

In the case of deposit accounts where the depositor had utilised the nomination facility and made a valid nomination or where the account was opened with the survivorship clause ("either or survivor", or "anyone or survivor", or "former or survivor" or "latter or survivor"), the payment of the balance in the deposit account to the survivor(s)/nominee of a deceased deposit account holder represents a valid discharge of the bank's liability provided:

(a) the bank has exercised due care and caution in establishing the identity of the survivor(s) / nominee and the fact of death of the account holder, through appropriate documentary evidence;

(b) there is no order from the competent court restraining the bank from making the payment from the account of the deceased; and

(c) it has been made clear to the survivor(s) / nominee that he would be receiving the payment from the bank as a trustee of the legal heirs of the deceased depositor, i.e., such payment to him shall not affect the right or claim which any person may have against the survivor(s) / nominee to whom the payment is made.

6.2 It may be noted that since payment made to the survivor(s) / nominee, subject to the foregoing conditions, would constitute a full discharge of the bank's liability, insistence on production of legal representation is superfluous and unwarranted and only serves to cause entirely avoidable inconvenience to the survivor(s) / nominee and would, therefore, invite serious supervisory disapproval. In such case, therefore, while making payment to the survivor(s) / nominee of the deceased depositor, the banks are advised to desist from insisting on production of succession certificate, letter of administration or probate, etc., or obtain any bond of indemnity or surety from the survivor(s)/nominee, irrespective of the amount standing to the credit of the deceased account holder.

1.If your brother has no legal heir, you shall have to apply for and obtain succession certificate from the Court.for claiming the amount left by your brother.

2. While applying for the said succession certificate, add all amounts left by your brother.

3. If your problem is that your brother has taken the share of the amount of the joint account he had with your mother, by submitting the succession certificate showing him as the only successor, the you shall have to challenge the said certificate now making his legal heirs parties and also the bank as the proforma Defendant.

You have not stated that whether your brother was married and was survived by his wife and children.

In that case his wife and children shall succeed to his estates including the movable assets as class I legal heirs or successors in interest.

If he was not married and had no other class II legal heirs, then you can succeed his estates by obtaining legal heirship certificate from the revenue department.

If the revenue department refuses to issue legal heirship certificate, then you may have to apply for succession certificate through court.