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Divya (nil)     27 December 2011

Locker issue

My mother had opened a locker with her mother-inlaw in 1975 in a bank with clause "Either or survior" with no nomination............

My grandmother has expired so according to RBI the locker contents should go to mother.

However My Chacha and a cousin are claiming that they have put their gold inside the locker....They have also obtained injunction on the basis on their statement. No other evidences have been submitted by them.

How do I defend that all locker contents soley belong to my mother and how do I prove that my chacha and cousin's claim is false. (please advise if possible in terms of any acts or sections etc.)



Learning

 2 Replies

Dr J C Vashista (Advocate)     27 December 2011

It is only your mother who is entitled to operate bank locker, till she is alve.

subhash chander verma (1)     28 December 2011

The Bank has no role in deciding the rival's claim, but it is bound by the Court's Order.  The injuction obtained may not be permanent , it must have been obtained till  service of  notice to you fixing next date or hearing and  It may continue till the matter is decided. It is your Chacha who would have to prove their claim before the Judge as it being a civil matter. However, you will have to contest their claim.

S.C. Verma


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