Disposed

Jeevan Mathew v. Union Bank of India

Kerala HC12 Jul 2024WP(C)/22938/2024

Case brief

AI extract

What is this about?

Petitioners sought release of title deeds deposited by their late uncle, which the Bank refused pending a legal heirship certificate. The court permitted petitioners to produce the certificate with power of attorney from heirs abroad and directed the Bank to consider and decide expeditiously.

What did the court decide?

Petitioners permitted to produce legal heirship certificate with power of attorney of heirs abroad; Bank to consider request and decide expeditiously.

Jeevan Mathew Vs Union Bank of India — Banking and Recovery | Kerala HC (2024)

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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 V.G.ARUN

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FRIDAY, THE 12TH DAY OF JULY 2024 / 21ST ASHADHA, 1946

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WP(C) NO. 22938 OF 2024

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PETITIONERS:

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1 JEEVAN MATHEW AGED 39 YEARS S/O. MATHEW JOSEPH, VALIPLACKAL HOUSE, ANAVILASAM VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT, PIN - 685554

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2 PRAKASH MATHEW AGED 43 YEARS S/O. MATHEW JOSEPH, VALIPLACKAL HOUSE, ANAVILASAM VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT, PIN - 685554

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3 BABU V.J AGED 66 YEARS S/O. JOSEPH, VALIPLACKAL HOUSE, ANAVILASAM VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT, PIN - 685554

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BY ADVS. BIJU .C. ABRAHAM THOMAS C.ABRAHAM

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RESPONDENT:

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UNION BANK OF INDIA KUMILY BRANCH, KOTTAYAM - KUMILY
ROAD, THEKKADY, KUMILY, IDUKKI DISTRICT - REPRESENTED
BY ITS BRANCH MANAGER, PIN - 685509

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SRI. A.S.P. KURUP. SC FOR UBI

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C)No.22938 OF 2024

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JUDGMENT

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Dated this the 12^th day of July, 2024

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The petitioners’ grievance is regarding the

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failure to release the title deeds deposited by his Uncle late Sri.Jose Joseph. The bank is not acceding to the request due to non-production of legal heirship certificate.

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Learned counsel for the petitioners submits that some of the legal heirs are abroad and it will be difficult to produce the certificate immediately.

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Per contra, learned counsel for the Bank submitted that, unless the legal heirship certificate is produced, the Bank will not release the title deeds to the petitioners.

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In view of the above submissions, the writ petition is disposed of, permitting the petitioners to produce the legal heirship certificate along with duly

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W.P.(C)No.22938 OF 2024

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executed Power of Attorney of the heirs residing abroad. Once the documents are produced, the Bank shall consider the request and take a decision expeditiously.

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Sd/V.G.ARUN JUDGE

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SSK/12/07

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W.P.(C)No.22938 OF 2024

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APPENDIX OF WP(C) 22938/2024

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PETITIONER EXHIBITS

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`Exhibit`	`P1` `A TRUE COPY OF THE` `DATED 11/10/2019 OF` `3RD PETITIONER`	`REGISTERED WILL NO. 154/III/19` `KATTAPPANA SRO IN FAVOUR OF THE`
`Exhibit`	`P2` `A TRUE COPY OF THE` `DATED 11/10/2019 OF` `1ST PETITIONER`	`REGISTERED WILL NO. 155/III/19` `KATTAPPANA SRO IN FAVOUR OF THE`
`Exhibit`	`P3` `A TRUE COPY OF THE` `DATED 15/10/2019 OF` `2ND PETITIONER`	`REGISTERED WILL NO. 158/III/19` `KATTAPPANA SRO IN FAVOUR OF THE`
`Exhibit`	`P4` `A TRUE COPY OF THE` `DATED 17/11/2003 OF`	`PARTITION DEED NO. 3178/I/2003` `KATTAPPANA SRO`
`Exhibit`	`P5` `A TRUE COPY OF THE` `THE PROPERTY OF THE`	`TAX RECEIPT DATED 6/4/2024 OF` `1ST PETITIONER`
`Exhibit`	`P6` `A TRUE COPY OF THE` `THE PROPERTY OF THE`	`TAX RECEIPT DATED 6/4/2024 OF` `2ND PETITIONER`
`Exhibit`	`P7` `A TRUE COPY OF THE` `THE PROPERTY OF THE`	`TAX RECEIPT DATED 6/4/2024 OF` `3RD PETITIONER`
`Exhibit`	`P8` `TRUE COPY OF THE DE` `DATED 24/08/21 ISSU` `DEATH OF KOCHI MUNI`	`ATH CERTIFICATE OF JOSE JOSEPH` `ED BY THE REGISTRAR OF BIRTH AND` `CIPAL CORPORATION`
`Exhibit`	`P9` `TRUE COPY OF THE CE` `ISSUED BY THE 1ST R`	`RTIFICATE DATED 13/10/2023` `ESPONDENT`

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SSK //TRUE COPY// PA TO JUDGE

Jeevan Mathew v. Union Bank of India

Case brief

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Jeevan Mathew v. Union Bank of India

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