The High Court of Kerala directed the bank to disburse the deceased's account balance to the petitioner based on a specific Will clause, dismissing the bank's reliance on legal heirship certificates for a non-disputed Will.
Directing respondents 1 and 2 to disburse the entire bank account balance as of the date of death to the petitioner.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 11TH DAY OF NOVEMBER 2021 / 20TH KARTHIKA, 1943
WP(C) NO. 3462 OF 2021
PETITIONER:
VINILA VARGHESE
AGED 44 YEARS
D/O. XAVIER, ANTHIKKAD HOUSE, ELOOR SOUTH,
UDYOGAMANDAL P.O, ERNAKULAM DIST.
BY ADVS.
SUNNY XAVIER
SMT.C.P.PRETTY
RESPONDENTS:
1THE BRANCH MANAGER
CANARA BANK (FORMERLY SYNDICATE BANK), ELOOR ROAD,
KALAMASSERY, PIN CODE 683 104
2THE REGIONAL MANAGER,
CANARA BANK (FORMERLY SYNDICATE BANK), REGIONAL
OFFICE, LAKSHMI BHAI TOWERS, TD ROAD, NORTH END,
PIN-682 035.
3RESERVE BANK OF INDIA,
CENTRAL OFFICE BUILDING, SHAHID BHAGAT SINGH MARG,
MUMBAI 400 001, REPRESENTED BY ITS CHIEF GENERAL
MANAGER.
4ANILA MARTIN
AGED 49 YEARS
KATTIKKATT HOUSE, MUTHUKUPURAM, CHELLANAM SOUTH
P.O, PIN-682 008
5SUNILA M.X,
AGED 47 YEARS
MENACHERY HOUSE, NEAR HINDAL CO-MAIN GATE,
KUTTIKATTUKARA P.O, ALUPURAM, PIN-683 501
BY ADV DR.PAULY MATHEW MURICKEN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.11.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2
W.P.(C).No.3462/2021
P.V.KUNHIKRISHNAN, J.
-------------------------------W.P.(C).No.3462 of 2021
Dated this the 11th day of November, 2021
JUDGMENT
This writ petition is filed with following prayers:
W.P.(C).No.3462/2021
3
W.P.(C).No.3462/2021
4
in it. The counsel for the petitioner submitted that there may be a direction to the respondent Bank to release the amount to the petitioner. On the other hand, the Standing Counsel appearing for respondents 1 and 2 submitted that as per the norms of the Bank, if it is a joint account and one of the account holder died, for releasing the amount in the joint account, the consent of the other account holder is necessary. The Standing Counsel submitted that the legal heir certificate is to be produced and then only the amount can be released. The Standing Counsel also submitted that subsequent to the death of Rosy Xavier, her pension amount was credited in her bank account and that is to be refunded to the Department concerned. The Standing Counsel added that if this Court is directing the Bank to release the amount, only the amount in the account as on the date of death of the mother of the petitioner can be released.
W.P.(C).No.3462/2021
5
4 and 5. That itself shows that there is no dispute to respondents 4 and 5 as far as Ext.P1 Will is concerned. In Ext.P1 Will, it is stated like this:
“എന്റെ� പേ�രിൽ ബാങ് ക ളിലും മറ്റുമുള്ള എല്ലാ തുകകൾക്കും ടി ആൾക്കു മാത്രം അവകാശം ഉണ്ടായിരിക്കുന്നതാണ് .”
Therefore, this writ petition is disposed in the following
manner:
W.P.(C).No.3462/2021
6
sd/-
P.V.KUNHIKRISHNAN JUDGE
JV
W.P.(C).No.3462/2021
7
APPENDIX OF WP(C) 3462/2021
PETITIONER EXHIBITS
EXHIBIT P1PHOTOCOPY OF THE ABOVE WILL DATED
19.09.2020.
EXHIBIT P2PHOTOCOPY OF THE LEGAL NOTICE DATED
26.12.2020.
EXHIBIT P3PHOTOCOPY OF REPLY NOTICE DATED
21.01.2021.
2 issues framed by the court
Whether the bank is directed to release the deceased's account balance to the claimant based on a specific Will provision.
Whether the bank must demand a legal heir certificate when a valid Will designates a specific beneficiary.
Vinila Varghe
The Branch Manager, Canara Bank
The Regional Manager, Canara Bank
Reserve Bank of India
Anila Martin
Sunila M.X
P.V.Kunhikrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court