Dismissed

Maya Chand, v. Union of India

Kerala HC2 Jul 2019WP(C)/7964/2019

Case brief

AI extract

What is this about?

In this Writ Petition (Civil), the petitioner, legal heir of a deceased husband residing in Nepal, sought a direction for the bank to transfer the deceased's savings account balance to her account. The High Court held that without a succession certificate or proof satisfying bank rules, the petition failed as it did not justify judicial interference under Article 226.

What did the court decide?

The writ petition was dismissed; the petitioner was directed to approach the bank or obtain a succession certificate to claim the funds.

Maya Chand, Vs Union of India — Banking and Recovery | Kerala HC (2019)

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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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TUESDAY, THE 02ND DAY OF JULY 2019 / 11TH ASHADHA, 1941

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WP(C).No.7964 of 2019

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PETITIONER:

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MAYA CHAND, AGED 47 YEARS W/O. LATE DHAN BAHADUR CHAND, N.I. GALAXY LUXOR, KUMARANASHAN ROAD, ST SEBASTIAN EXT, PUNNURUNI, VYTTILA, KOCHI-PIN-682019, PERMANANT ADDRESS, IN NEPAL ULTAKAM PLOT NO.6, BHEEMDATT MUNICIPALITY, WARD NO.2, KANCHANPUR DISTRICT, NEPAL PIN-100000.

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BY ADVS. SRI.T.S.SUHOOD SRI.P.A.NABEEL MANAF SRI.T.P.NISHAD KHAN SRI.V.K.DINESH KUMAR

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RESPONDENTS:

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1 UNION OF INDIA, SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF EXTERNAL AFFAIRS, SOUTH BLOCK, NEW DELHI-110001.

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2 HSBC BANK, REPRESENTED BY BANK MANAGER, REGENT TOWER, IYYATTILMUKKU, CHITTOOR ROAD, ERNAKULAM-682011. (CORRECTED) HDFC BANK, REGENT TOWERS, IYYATTILMUKKU, CHITTOOR ROAD, ERNAKULAM - 682 018.

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AS PER ORDER DATED 6/6/19 IN I.A.2/19 OF WPC 7964/19.

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BY ADVS.

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R1 BY SHRI.P.VIJAYAKUMAR, ASG OF INDIA R2 BY SMT.SREEKALA KRISHNADAS

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.7964 of 2019

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JUDGMENT

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This writ petition is filed by the petitioner seeking the following relief:

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For the reason stated in the statement of facts and for the reasons that may be urged at the time of hearing, it is most humbly prayed that this Honourable Court may be pleased to give a direction to Respondent No.2 to transfer the total amount present in the savings account of the deceased to the petitioner's account in Nepal, the legal heir of the deceased.

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2. The material facts required for the disposal of

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the writ petition as is discernible, are as follows; petitioner is the wife of one late Dhanbahadur and both of them are Nepal nationals. However, since 1988

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petitioner is residing at Ernakulam as part of the employment of the husband. To put it short, the

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deceased husband was maintaining an account with the 2^nd respondent bank and it is accordingly that the relief pointed above was sought for by the petitioner.

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On a query with the learned counsel for

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petitioner, I am informed that, apart from the

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WP(C).No.7964 of 2019

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petitioner, there are other legal heirs and petitioner has already secured legal heir-ship certificate. Even though notice is served on the 2^nd respondent, there is no appearance. On a further query raised to the learned counsel for petitioner as to whether any nomination is made by the deceased person nominating the petitioner to receive the amount from the bank, the answer is in the negative. Even otherwise I am of the considered opinion that, petitioner has to secure a succession certificate unless otherwise the rules of the bank permits release of the money or to transfer money to the account of the petitioner in Nepal.

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I do not think, petitioner has made out any

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case justifying interference of this court exercising the power of judicial discretion under Article 226 of the Constitution of India. Therefore, writ petition fails, accordingly it is dismissed. However, I make it clear that, petitioner is at liberty to approach the 2^nd respondent bank, or obtain necessary succession certificate from the respective statutory authority, and if succession certificate is produced before the

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WP(C).No.7964 of 2019

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bank, the bank will consider the same in accordance with law.

Sd/-

SHAJI P.CHALY

Smv 2.7.2019

JUDGE

WP(C).No.7964 of 2019

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	THE TRUE COPY OF THE PANCARD OF THE DECEASED BEARING NO.ALQPC3075N.
EXHIBIT P2	THE TRUE COPY OF THE ID PROOF OF THE PETITIONER ISSUED BY THE GOVERNMENT OF NEPAL
EXHIBIT P3	THE TRUE COPY OF THE PASSBOOK OF THE DECEASED OF SAVINGS BANK ACCOUNT IN HDFC BANK BEARING A/C. 15101000009930.
EXHIBIT P4	THE TRUE COPY OF RELATIONSHIP VERIFICATION CERTIFICATION ISSUED BY THE BHEEMDATH MUNICIPALITY, NEPAL BEARING REFERENCE NO.2075/076 DATED FEBRUARY 22,2019.
EXHIBIT P5	THE TRUE COPY OF THE BIRTH CERTIFICATE OF THE MASTER PARAS CHAND AND SONAN CHAND BY THE BHEEMDATH MUNICIPALITY, NEPAL.
EXHIBIT P6	THE TRUE COPY OF LEGAL HEIRSHIP CERTIFICATE ALONG WITH ENGLISH TRANSLATION ISSUED BY THE BHEEMDATH MUNICIPALITY, NEPAL,
EXHIBIT P7	THE TRUE COPY OF THE LETTER ISSUED BY THE HEENA TOURS AND TRAVELS AS A CONFIRMATION OF THE RELATIONSHIP OF THE PETITIONER WITH THE DECEASED DATED MARCH 2,2019.
EXHIBIT P8	THE TRUE COPY OF THE DEATH REGISTRATION CERTIFICATE ISSUED BY THE GOVERNMENT OF NEPAL DATED FEBRUARY 2, 2019.
EXHIBIT P9	THE TRUE SOFT COPY OF THE BANK POLICY OF THE RESPONDENT NO.2 FROM THEIR OFFICIAL WEBSITE.
EXHIBIT P10	THE TRUE COPY OF THE LIC POLICY CERTIFICATE OF THE DECEASED BEARING NO.241491675 DATED JULY 28,2007.

Maya Chand, v. Union of India

Case brief

What is this about?

What did the court decide?

Maya Chand, v. Union of India

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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