W.P. seeking mandamus for bank to act on a representation regarding deceased grandfather's fixed deposit. Court directed bank to require documents from all heirs and decide within four weeks.
Directing Bank to require documents from legal heirs and pass appropriate orders on merits within four weeks of receipt of this order.
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W.P.(MD).No.8737 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 15.11.2024
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.(MD).No.8737 of 2022
R.Divya Bharathi ... Petitioner
Vs.
... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second
W.P.(MD).No.8737 of 2022
respondent to direct the third respondent to take action based on the representation dated 25.03.2022.
For Petitioner : Mr.B.Char Murugan For R-1 : No Appearance
For R-2 & R-3 : Mr.P.Pethu Rajesh
ORDER
This Writ Petition has been filed seeking to direct the second respondent to take action against the third respondent for not depositing the amounts deposited by the deceased grandfather of the petitioner.
W.P.(MD).No.8737 of 2022
Deposit opened, there was no valid nomination. In the earlier term deposit made by the deceased R.Paramasivan in Account No.67274020288, the petitioner's name was originally mentioned as nominee, but, it was cancelled by the said deceased R.Paramasivan and a fresh fixed term deposit was opened vide FDR Receipt No.371220436162 and there was no valid nomination. In the present FDR, the name of the petitioner was not mentioned as nominee by her grandfather. The petitioner's grandfather passed away on 07.02.2019 leaving behind his son and two daughters as legal heirs.
“ (A).Application form in prescribed format
(B).FDR receipt of the deceased (in original)
(C).Death Certificate
(D).Legal Heir Certificate
W.P.(MD).No.8737 of 2022
(E).Letter of Disclaimer (to be signed by legal heirs other than the claimant)
(F).Affidavit (to be signed by two persons with acceptable net worth)
(G).Letter of Indemnity (to be signed by two persons with acceptable net worth)
(H).Letter of relinquishment
(I).Identification proof of legal heirs, sureties and affidavits.”
documents before the respondent Bank forthwith and on receipt of the same, after giving an opportunity to all the parties, the respondent Bank shall pass appropriate orders on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order.
costs.
15.11.2024
NCC : Yes / No Index : Yes / No Internet : Yes TSG
W.P.(MD).No.8737 of 2022
To
W.P.(MD).No.8737 of 2022
L.VICTORIA GOWRI, J.
TSG
W.P.(MD).No.8737 of 2022
15.11.2024
2 issues framed by the court
Whether the court should direct the State Bank of India to take action for depositing maturity proceeds where the deceased account holder left multiple legal heirs and there was no valid nomination.
Whether the bank was justified in not disbursing the funds to the nominal petitioner without proper legal heir documentation.
R.Divya Bharathi
The Regional Director, Reserve Bank of India, Fort Glacis
The Regional Manager, Regional Office, State Bank of India, Tirunelveli
The Branch Manager, State Bank of India, Keela Kadayam
L.Victoria Gowri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
