Disposed

Sri Vishnu Dharshana v. Tpsh. Amarnath Prabahar Ramsait (deceased), Tpsh. Parthiban Ramsait and 4 others

Madras HC27 Feb 2023A/5787/2022

Case brief

AI extract

What is this about?

The court disposed of an application for opening a locker held in the names of the applicant and three other account holders. Finding that a third party beneficiary was entitled to shares of gold jewelry, the court directed the bank to open the locker in the presence of all parties, including the third party, and distribute contents according to the Will. The applicant was required to pay rental a

What did the court decide?

Bank directed to open locker in presence of applicant, respondents and third party beneficiary; distribute contents per Will; applicant to pay rental arrears.

Sri Vishnu Dharshana Vs Tpsh. Amarnath Prabahar Ramsait… — Property and Title | Madras HC (2023)

¶1

A.No.5787 of 2022

¶2

A.No.5787 of 2022 in O.P. No.814 of 1998

¶3

SENTHILKUMAR RAMAMOORTHY,J

¶4

This application is presented by a beneficiary to the contents of a locker held in the names of the 2^nd , 3^rd and 4^th respondents herein at the Central Bank of India, Addison Building Branch, Anna Salai, Chennai600 002.

¶5

Learned counsel for the applicant invited my attention to the Will of T.P.S.H.Selva Saroja and, in particular, the 4^th schedule thereto. He points out that 50% of the gold and diamond jewellery was bequeathed to the applicant under the above mentioned Will. He also submits that the remaining 50% has already been handed over to persons entitled thereto, such as the third respondent.

¶6

The 2^nd , 3^rd and 4^th respondents have filed their counters. All

¶7

of them are agreeable to abide by any directions issued by the Court with regard to the locker. The bank has also filed a counter. The stand of the bank is that all the locker account holders should agree to the opening of the locker and to the manner in which the contents thereof should be dealt with.

¶8

1/4

¶9

https://www.mhc.tn.gov.in/judis

¶10

A.No.5787 of 2022

¶11

On examining the 4^th schedule of the Will, it appears that gold jewellery (15 sovereigns) has been bequeathed under the Will to Mr.Harinarayanan, who is a third party to this application. Therefore, he is required to be put on notice with regard to opening or breaking open the locker and his share is required to be handed over to him.

¶12

By taking the aforesaid into account, this application is disposed of with the following directions:

¶13

(i) the applicant and respondents 2, 3 and 4, who are the account holders of the locker, shall be present at the bank branch on the date and time fixed by the bank. The bank is directed to provide the said parties at least three days advance notice.

¶14

(ii) Once the date and time is indicated by the bank, the applicant shall procure the presence of Mr.Harinarayanan.

¶15

(iii) In the presence of the applicant, respondents 2 to 4 and Harinarayanan, the bank shall take necessary steps to open or break open the locker. Upon removing the contents of the locker, an inventory of such contents shall be drawn up.

¶16

(iv) In case any of the contents of the locker are stored in boxes or containers, the bank is permitted to open or break open the said container or box so as to remove the contents thereof.

¶17

https://www.mhc.tn.gov.in/judis

¶18

2/4

¶19

A.No.5787 of 2022

¶20

(v) After all the persons present, sign the inventory of assets, other than 15 sovereigns gold jewellery, the rest of the contents of the locker shall be handed over to the applicant.

¶21

(vi) The 15 sovereigns gold jewellery shall be handed over to Harinarayanan.

¶22

(vii) The applicant and Harinarayanan shall provide necessary documents of identity to the satisfaction of the bank.

¶23

(viii) On instructions, the applicant agrees to pay rental arrears in respect of the locker. Such rental arrears shall be paid on the date of opening or breaking open the locker.

27.02.2023

kal

(½)

https://www.mhc.tn.gov.in/judis

¶28

3/4

¶29

A.No.5787 of 2022

¶30

SENTHILKUMAR RAMAMOORTHY, J

¶31

kal

¶32

A.No.5787 of 2022 in O.P. No.814 of 1998

¶33

27.02.2023

¶34

https://www.mhc.tn.gov.in/judis

¶35

4/4

Sri Vishnu Dharshana v. Tpsh. Amarnath Prabahar Ramsait (deceased), Tpsh. Parthiban Ramsait and 4 others

Case brief

What is this about?

What did the court decide?

Sri Vishnu Dharshana v. Tpsh. Amarnath Prabahar Ramsait (deceased), Tpsh. Parthiban Ramsait and 4 others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

V.Vidya Vs S.R.Jangid IPS

K.Balasubramanian, Vs a.Girija and 2 Others

N.Ramakrishnan (Since Deceased) and Another Vs Nirmala Chandrasekaran and 2 Others

Ananthi and Another Vs No Respondent

Mrs. Maheswari Govindarajan Vs Mrs.M.Rajeswari

Nalam Samvartika and Another Vs Nalam Venkata Naga Durga Prasad