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Sibsankar Datta (Freelance)     19 June 2015

Whether the deceased nonsubmitted wishes expressed is of val

I like to draw your kind attention on the matter of a depositor, who died intestate, leaving behind no living Class-I heirs, as the deceased was an unmarried person.

 

As he had no spouse or children, he stayed with deceased elder brother’s family consisting of his deceased brother’s two sons, who were both married and were having their spouse and their three sons and one daughter.

 

LOCKER , hired by him with a Bank in Kolkata branch, was in his single name. However, from his left over belongings we could find the locker key along with his fully completed declaration in Form SL-2, addressed to the stated Bank Branch, whereby he added the name of the only daughter of his elder brother's son, with whose family he was staying, with the power to operate the account  by her also. We could trace two copies of Form SL-2, Unfortunately, when added up daughter of his elder brother's son, aged 30 years, who is eventually the granddaughter of the deceased, the Branch stated that the name of the deceased aforesaid granddaughter, has not been incorporated in his locker agreement and there is no availability of the Form SL-2, with the Locker Agreement.

 

Under the circumstances, I strongly believe that the deceased who was bed-ridden for more than a year, had an intention to add the name of his grand-daughter, for which he has completed everything, but could not pass it on to the Branch authority, for recording at their end. 

 

In the aforesaid circumstances, I request your kind guidance as to what is the lawful way to resolve the issue so that the deceased person's grand-daughter, who is staying at Bangalore and visits ocassionally, may operate the Locker on her next visit. 

 

If needed all family members/legal heirs are ready to indemnify the Bank against any consequence for the Branch action in allowing the Locker to be operated the aforesaid Grand-daughter, which was also the very specific wishes of the deceased ( deceased hirer of the Locker).

                      Solicit your prompt response on the requested assistance on the Locker issue.

 

 



Learning

 4 Replies

Adv.Vandana Vaidya (Advocate & Regd. Patent Attorney)     20 June 2015

Banks have their own rules and regulations and formalities. Please contact the branch where he had his locker and inform them about his death. The bank will either ask you to get the legal heir certificate or court order or hand over some formats to be printed on stamp paper and signed by his legal heirs and to be attested by a notary.

Biswanath Roy (Advocate)     23 June 2015

Your proposed procedure shall create unnecessary and unwanted complications. Better let the legal heirs jointly apply in the court for issuance of a succession certificate in their favour so that by virtue of the consent and nomination of the non interested persons grand daughter can enjoy authority to open the locker of the deceased.

1 Like

Adv k . mahesh (advocate)     25 June 2015

what was the reaction of the bank authorities and what more papers are required to be submitted to the bank first enquire with them because legal heir certificate (family member certificate) is issued only to persons who worked in government jobs and nearly two months time after applying the sub registrar will issue the same and succession certificate will be issued by the court and it will take its due course of time cannot expect how much time say three months to more

so in my opinion first consult bank for what documents they require and submit accordingly after preparing the documents

Adv. Chandrasekhar (Advocate)     25 June 2015

1.  She has to file the petition for succession certificate in the court of Admn. Civil Judge under Section 376 of Indian Succession Act, 1926.  She has to make all the legal heirs (class I if any and Class II) as respondents and also the bank branch of Kolkata seeking succession of the valuables lying in the particular locker as the respondent.  The court serve the notice to all the respondents and bank.  The court also direct the petitioner to publish news paper advertisement.  In the court all the legal heirs give statement on oath that they have no objection and after that court will take indemnity bond on its record and issue succession certificate.  Engage an advocate and it is a simple procedure. 


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