Allowed

Dr.Mrs.Champakam v. The Reserve Bank of India

Madras HC7 Feb 2022WP/31849/2014

Case brief

AI extract

What is this about?

In this writ petition, the mother of a deceased individual sought directions from the High Court to mandate a bank to furnish account details. The court allowed the writ, directing the bank to disclose account specifics to the legal heirs to facilitate the obtaining of a succession certificate, ordering compliance within two weeks.

What did the court decide?

Direction to the 2nd respondent bank to furnish all account details held by Late Vasanth to the petitioner and copy to the 3rd respondent within two weeks from receipt of the order.

Dr.Mrs.Champakam Vs The Reserve Bank of India — Succession and Inheritance | Madras HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 07.02.2022

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CORAM

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THE HONOURABLE MR. JUSTICE M.GOVINDARAJ

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W.P.No.31849 of 2014

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Dr.Champakam ...Petitioner

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Vs.

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1.The Reserve Bank of India Rajaji Salai, Chennai-600 001

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2.HSBC Bank Rajalakshmi Palace, 43, I Main Road Gandhi Nagar, Adyar, Chennai-20

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3.N.Gayathri

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...Respondents

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PRAYER: The Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent to issue appropriate directions or orders to the second respondent to furnish the Petitioner necessary particulars relating to the amount lying with the 2^nd Respondent bank to the credit of the deceased either in the form of SB Account or by way of fixed deposits so as to enable to obtain the necessary succession certificate.

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For Petitioner : Ms.Jayashree Narasimhan For Respondents : Mr.Sashank P.S for R2 Mr.A.Palaniappan for R3

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O R D E R

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Petitioner is the mother of one Vasanth and 3^rd respondent is the wife. The said Vasanth died leaving behind the petitioner as well as the 3^rd respondent as his legal heirs. For the purpose of getting Succession Certificate, the petitioner has approached the 2^nd respondent bank for getting the details of the accounts held by her son Late Vasanth and the amounts available in the said accounts.

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By letter dated 03.09.2014, the 2^nd respondent bank has declined the request on the ground that the information cannot be disclosed to third parties. Aggrieved by the same, the

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https://hcservices.ecourts.gov.in/hcservices/

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petitioner has approached this Court for a direction for disclosing the details of amounts lying in the accounts of her Late son.

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Admittedly, the account holder Vasanth is no more. The legal heir certificate is produced showing the petitioner as well as the 3^rd respondent as legal heirs. For taking the money out of the bank it is necessary that a Succession Certificate should be obtained. In such circumstances, the 2^nd respondent bank cannot decline the request to disclose the details of bank accounts had by Late Vasanth with the 2^nd respondent bank and amount lying therein.

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Considering the facts and circumstances of the case, a direction is given to the 2^nd respondent bank to furnish all the account details which were held by Late Vasanth with the 2^nd respondent bank to the petitioner and a copy of the same to the third respondent/wife of the account holder. The 2^nd respondent shall furnish the same to the petitioner and the 3^rd respondent within a period of two weeks from the date of receipt of a copy of this order. Writ petition is disposed of in the above terms. There shall be no order as to costs.

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Sd/Assistant Registrar(CS-IX)

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//True Copy//

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Sub Assistant Registrar

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1.The Reserve Bank of India Rajaji Salai, Chennai-600 001

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2.HSBC Bank Rajalakshmi Palace, 43, I Main Road Gandhi Nagar, Adyar, Chennai-20 +1 CC to M/s.N. Jayashree, Advocate SR. No. 7665 +1 CC to M/s. R & P Partners, SR. No. 7962.

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W.P.No.31849 of 2014 SJ(CO) SP(08/02/2022)

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https://hcservices.ecourts.gov.in/hcservices/

Dr.Mrs.Champakam v. The Reserve Bank of India

Case brief

What is this about?

What did the court decide?

Dr.Mrs.Champakam v. The Reserve Bank of India

Case brief

What is this about?

What did the court decide?

What the court decided

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