Disposed

Santhakumari v. Union Bank of India

Kerala HC27 Oct 2016WP(C)/19642/2016

Case brief

AI extract

What is this about?

The High Court of Kerala, in a single-paragraph order, directed the respondent Bank to accept the petitioner's legal heirship certificate and process the requisite release of property documents, pending verification of the loan closure status.

What did the court decide?

The Court directed the Bank to receipt the Legal Heirship certificate and do the necessary actions to release documents.

Santhakumari Vs Union Bank of India — Constitutional and Fundamental Rights | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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THURSDAY, THE 27TH DAY OF OCTOBER 2016/5TH KARTHIKA, 1938

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WP(C).No. 19642 of 2016 (E)

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PETITIONER(S):

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SANTHAKUMARI AGED 70 YEARS, WIFE OF LATE SHRI. AYYAPPAN NAIR, ASIRVAD HOUSE, ELAMAKKARA P.O., KOCHI-682026.

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BY ADVS.SRI.ANIL S.RAJ

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SMT.K.N.RAJANI SRI.RADHIKA RAJASEKHARAN P. SMT.ANILA PETER

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RESPONDENT(S):

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UNION BANK OF INDIA EDAPPALLY BRANCH, KOCHI-682024, REPRESENTED BY ITS CHIEF MANAGER.

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BY SRI.A.S.P.KURUP, SC, UBI

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 19642 of 2016 (E)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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P1 TRUE COPY OF THE RELATIONSHIP CERTIFICATE ISSUED BY THE EDAPPALLY SOUTH VILLAGE OFFICE DATED 22-01-2014. P2 TRUE COPY OF WILL NO. 126/2007 EXECUTED BY PETITIONER'S HUSBAND LATE SHRI. AYYAPPAN NAIR DATED 25-05-2007. P3 TRUE COPY OF THE COMMUNICATION ISSUED BY THE RESPONDENT DATED 22-07-2015. P4 TRUE COPY OF AN EMAIL ADDRESSED TO THE PETITIONER'S DAUGHTER DATED 08-03-2016.P P5 TRUE COPY OF REPLY E-MAIL DATED 9-3-2016. P6 TRUE COPY OF THE LEGAL HEIR SHIP CERTIFICATE ISSUED BY THE TAHSILDAR, TALUK OFFICE, KANAYANNUR

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RESPONDENT(S)' EXHIBITS: NIL

//TRUE COPY//

dlk

P.A. TO JUDGE

SHAJI P. CHALY, J.

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W.P.(C) No. 19642 of 2016

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Dated this the 27^th day of October, 2016

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JUDGMENT

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Petitioner is the wife of one Late. Ayyappan Nair , who mortgaged his property to avail a loan from the respondent Bank. According to the petitioner, loan amount has now been closed and the property has become free from charge. Though the petitioner and children have produced death Certificate, relationship certificate, notarized copy of will, proof of address, the document is not released to the petitioner and the legal heirs. It is in this background seeking appropriate direction, this writ petition is filed.

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Subsequent to the filing of this writ petition, petitioner has also produced Ext.P6 legalheir ship certificate, from which it is discernible that petitioner is a legalheir of the deceased Ayyappan Nair along with a son and daughter.

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Heard learned counsel for the petitioner, learned Standing Counsel for the Bank and perused the documents

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W.P.(C) No. 19642 of 2016

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on record and pleadings put forth by the petitioner.

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Learned counsel for the petitioner reiterated the contention raised in the writ petition.

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Learned Standing Counsel for the Bank submitted that, since the petitioner has obtained a legalheir ship certificate, she can produce the same before the respondent Bank and the Bank will release the document to the petitioner, provided, there is no further amount subsisting in the loan.

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Recording so, there will be a direction to the Bank to receive the legalheir ship certificate and do the necessary as submitted by the learned counsel for the respondent Bank.

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Writ petition is disposed of accordingly.

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Sd/-

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SHAJI P. CHALY,JUDGE

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dlk/27/10/

Santhakumari v. Union Bank of India

Case brief

What is this about?

What did the court decide?

Santhakumari v. Union Bank of India

Case brief

What is this about?

What did the court decide?

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