B. Rajendran v. State Bank Of Travancore

The Judgment of the Court was delivered by

P.B Suresh Kumar, J.:— The deceased wife of the petitioner was holding a locker in the erstwhile State Bank of Travancore, presently State Bank of India. On the death of the wife of the petitioner, the petitioner sought permission to operate the locker based on the legal heirship certificate of his deceased wife. The writ petition is filed thereafter alleging that the legal heirship certificate is not being acted upon by the bank and that the bank is insisting for a court order.

2. The learned Standing Counsel for the State Bank of India, on instructions, submits that the bank has not insisted a court order and the requirement was only that the petitioner should produce succession certificate.

3. Succession certificate is contemplated under the Indian Succession Act only for debts and securities. As such, I cannot accept the stand of the bank that succession certificate is required to be produced by the petitioner to operate the locker held in the name of his wife.

4. The writ petition, in the circumstances, is disposed of directing the bank to permit the petitioner to operate the locker held by the deceased wife of the petitioner on the strength of the heirship certificate produced by the petitioner.