Bank locker without nominee
Querist :
Anonymous
(Querist) 16 March 2021
This query is : Resolved
Is there any rule that legal heir has to go to court to if the bank locker holder dies without any nominee?
K Rajasekharan
(Expert) 17 March 2021
If a holder of a bank locker dies and there is dispute among legal heirs as to who is the right one to open it and collect the assets, the only course available to the legal heirs is to go to the court.
If there is no dispute among the legal heirs normally, the bank may allow the legal heir to open the locker in discharge of their liability, based on some certificates like legal heirship certificate or succession certificate which are meant for some other purposes.
In fact, the former certificate issued by the government is meant for collecting the dues below certain amount from the government, and the latter issued by the court in a summary proceedings is meant for collecting the “debts and securities”.
Dr J C Vashista
(Expert) 17 March 2021
Generally such a situation do not arise as the Banks have specific rule to obtain nomination at the time of allotment of locker.
However, if no person has been nominated LRs of the deceased can open and dispose the valuables kept therein after obtaining succession and permission from civil court of jurisdiction.
Advocate Bhartesh goyal
(Expert) 17 March 2021
Yes LRs of deceased locker holder can be allowed by the bank to open the locker if there is .no dispute else LRs have to obtain successon certificate from competant court.
Hemant Agarwal
(Expert) 17 March 2021
AGREE with above Expert's Advice.
Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
SHIRISH PAWAR, 7738990900
(Expert) 18 March 2021
Hello,
If a bank locker holder dies without nomination then his / her legal heirs have to approach the court and get a legal heirship certificate. In your case also the bank has directed you to get the legal heirship certificate. Because the bank cannot decide who is legally entitled to claim the belonging kept in the bank locker. So they direct legal heirs to go to court and get the certificate.
krishna mohan
(Expert) 18 March 2021
It is mandatory to get nominee details for all such transactions by Bank. There could be a failure to do so. You can check the FD or Bank account used to link with locker for nominee details. Being a sensitive issue, Bank may play safe to get court order. You can proceed to approach Bank with Legal Heir certificate to claim all dues including locker and when they refuse, demand in writing for next course of action in consultation with a lawyer in your region for right remedy.
