About civil jurdication
hitesh s savlani
(Querist) 27 November 2013
This query is : Resolved
dear experts
my question is that my grandfather has an locker in commercialized
bank,having no registration of the nominee know my grandfather is been dead since 2009,but all the family members are not ready to provide the signatures on the papers to open the locker ,is civil court or any other court has the jurisdiction to take these papers in the custody, and easy for every one to see the documents or any other thing and under which section sir plz guide me
Devajyoti Barman
(Expert) 27 November 2013
The legal heirs will have to apply for Succession Certificate on whose strength the legal heirs can well operate the a/c.
Raj Kumar Makkad
(Expert) 27 November 2013
Either of the legal heirs can approach to the civil court seeking opening of the locker in the presence of the banker as well as other legal heirs who want to become present thereto.
Succession certificate is the only solution to your problem.
hitesh s savlani
(Querist) 27 November 2013
but the are not ready to provide noc for the succession certificate
malipeddi jaggarao
(Expert) 28 November 2013
Why they are not ready? When a person is demised, all the legal heirs together have to deal with the pending matters. How many legal heirs are there? All the family members should sit together and settle the problems. Not only locker, he must be having bank accounts also. It is very strange to know that some of them are not interested. Even if they are not interested in the properties, they have to co-operate with other legal heirs in settling the matters with third party. You have not presented the full facts. However, expert Shri Rajkumar Makkad has rightly replied to your problem.
Raj Kumar Makkad
(Expert) 28 November 2013
NOC is not required rather the court shall decide the share of the successors. You shall have to implead all legal heirs of the deceased in the petition.
Rajendra K Goyal
(Expert) 28 November 2013
Approach the Bankers to open the locker before 2 independent witness and make the inventory of the contents of the locker. I doubt banker would return the contents to any one legal heir even succession certificate is issued. On the basis of succession certificate also all heirs have to approach the Banker.
Succession Certificate is applicable to debts and securities, and not to other assets like gold, jewels, stocks, safe deposit articles, contents of safe deposit lockers etc, except in some states.
On the basis of inventory, all the legal heirs can be approached to sign documents required by the Bank. Who don't want to take the share may relinquish their rights.
ajay sethi
(Expert) 28 November 2013
agree with experts
T. Kalaiselvan, Advocate
(Expert) 28 November 2013
for petitioning the succession certificate before the court, if some of the heirs do not sign the papers, implead them as respondents and proceed. the other experts have sufficiently advised you on the subject.
Dr J C Vashista
(Expert) 29 November 2013
You will have to file and obtain Succession Certificate from civil court
Devajyoti Barman
(Expert) 29 November 2013
Apply for it anyway. if they are not giving NOC then court may declare your share and then apply for it in Bank.
