In case of settlement of claims of the deceased locker and for the purpose of inventory, access to the locker was given to the mandated legal heir, who produced the key to the locker, can the Bank ask for all the legal heirs to be present at the time of handing over of the locker contents to the stated legal heir who has been mandated by all the legal heirs and he who produced the key to the locker.
In the instant case, where 3 legal heirs are present:
- One of the legal heir is 90 years old bed ridden person under continuous nursing, and incapable to move.
- Another legal heir is a busy executive (Deputy General Manager) in a Govt. Corporation, and cannot present himself on any weekdays, as per stipulation of the Bank Official.
- Third, is a ex-bank Manager of a nationalized Bank and has been mandated by the other two legal heirs.
The requirement by the branch official has not communicated for the presence of all the legal heirs at the time of releasing the locker contents in writing, but has asked the mandated legal heir verbally.
Now, the other legal heirs who have extended their mandate in favour of one of the legal heir have expressed their objection on the Bank’s requirement of their presence and asked for the Branch Official’s requirement in writing.
The Branch’ official of the Bank has also undergone their verification process before forwarding the Claim papers to their regional office, along with their inspection observation.
Request the opinion of people having knowledge on the subject.
IBA GUIDELINES for reference – Against Point 3.1.4. Without Nomination: Safe Deposit Lockers - Before permitting surviving hirers and mandated legal heir(s) to remove contents of a Safe Deposit Locker, the bank would prepare an inventory of the articles in the presence of surviving hirers, mandated legal heir(s) and two independent witnesses. Form for taking inventory is enclosed as Annexure – 7(a). https://www.iba.org.in/MOPSettlementClaims.pdf
