Http://www.lawyersclubindia.com/experts/difficulty-to-operate-safe-deposit-locker-in-absence-death-o
Gautam Banerjee
(Querist) 09 June 2013
This query is : Resolved
I have rented a Locker on a Bank, My aunty was the 1st Applicant of the account.
As my aunty has no wed-locked issue and she considered me as daughter and out of deep affection she advised me to operate the Locker sharing with my own stuff with her own belongings as she was incapable for her sickness to operate the said Locker. (In this connection, it may be noted that my Aunty married him for 1st time in her life, though she was 2nd Wife of her husband, who married her after divorcing his 1st wife with wed-locked issues)
Very unfortunately my aunty suddenly expired on 4th April’2009 and with a further shock my uncle also died after a short illness on 10th June’2009. I was very unstable facing the situation and couldn’t able to locate the Key of the Locker. But as a SOLE & LEGAL OPERATOR of the said Locker, all details including submission of Death Certificates of both co-holder of the Locker has been duly intimated on 15th September’2009 and the same was also formally received by the Bank.
On 21st November’2009, on a written request, Bank seeks permission from me for breaking up the Locker for arranging an alternate Key for smooth operation of the said SAFE DEPOSIT LOCKER, which will be conducted by M/s Steelage Limited and the entire lump sum amount of cost of the operation should be bared by me. Upon considering the cost involvement, And on a later period on 25.11.2009, Bank advised me in writing to my home address to deposit an additional amount of F.D to maintain & support the said Locker Account (addressed as “Your Locker”) and accordingly I have deposited the prescribed amount as advised by the Bank by an Account Payee Cheque Dated 07.12.2009
On 15th May’2011 I have responded to a Bank’s letter with consent to renew the FIXED DEPOSIT related to said LOCKER ACCOUNT. I’ve replied the Bank to agree with the F.D renewal and also very clearly requested Bank for arranging an ALTERNATE KEY for the said Locker assuring to bear the cost for the entire process as asked by the Bank formerly.
I visited his office on 2nd March’ 2013, he advised her to submit a ‘Succession Certificate’ which seems to be not only irrelevant but also a time consuming & further harassment too.
Later on a letter he advised me to submit my consent for opening the Locker ONLY FOR TAKING AN INVENTORY in presence of Bank’s representative, my representative/Lawyer, two respectable person also one Goldsmith, and in a later I need to submit i) An Affidavit, ii) Two Surer Certificate III) An Indemnity Bond followed by the other procedures to establish my legal “hair ship” as per their requirements.
I’m requesting you to advise me abt status of mine regarding the said Locker? I also can’t understand why I should require going through such hectic processing when I am a co-holder of the Locker and there is also my stuff in the Locker. Moreover Bank also recognized the same asking my permission to arrange an alternate Key in an earlier letter.
Rajendra K Goyal
(Expert) 09 June 2013
I also can’t understand why I should require going through such hectic processing when I am a co-holder of the Locker
- The Status is to be seen. Whether You were co-holder with operation as either or survivor, former or survivor, Both or survivor? However, in all the cases Bank should not have objected in operating the locker by you after the death certificate of your aunty submitted. The cost of Breaking open of the locker is to be born by you. In such cases it is advisable that the old locker account be got closed and new be opened in your single name.
and there is also my stuff in the Locker.
- Bank does not know whose stuff (from both the locker holders) is kept in the locker . Even Bank does not keep any list what is kept in the locker or not.
Bank also recognized the same asking my permission to arrange an alternate Key in an earlier letter.
- Asking for arranging an alternate key does not technically confirm your right on the locker. Locker Account opening form, agreement is to be seen.
RBI has prescribed a procedure for delivering the articles of locker of the deceased. I doubt it would help you as it seems you are not a legal heir. if such is case succession certificate will be issued in your favor I again doubt.
Guest
(Expert) 09 June 2013
You just need to check at first whether the locker was meant for joint operation or either or survivor (eos). If it is meant for eos, the bank's requirement for succession certificate would be illogical. In that case you can approach to banking ombudsman with your complaint. If not eos, bank's action is right, as it cannot break locker without the consent of the heir of the other operator along with your consent.
