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Sibsankar Datta (Freelance)     21 June 2015

Wishes expressed in a bank specifie form but not subm

 

I like to draw your kind attention on the matter of a depositor, who died intestate, leaving behind no living Class-I heirs, as the deceased was an unmarried person.

 

As he had no spouse or children, he stayed with deceased elder brother’s family consisting of his deceased brother’s two sons, who were both married and were having their spouse and their three sons and one daughter.

 

LOCKER , hired by him with a Bank in Kolkata branch, was in his single name. However, from his left over belongings we could find the locker key along with his fully completed declaration in Form SL-2, addressed to the stated Bank Branch, whereby he added the name of the only daughter of his elder brother's son, with whose family he was staying, with the power to operate the account  by her also. We could trace two copies of Form SL-2, Unfortunately, when added up daughter of his elder brother's son, aged 30 years, who is eventually the granddaughter of the deceased, the Branch stated that the name of the deceased aforesaid granddaughter, has not been incorporated in his locker agreement and there is no availability of the Form SL-2, with the Locker Agreement.

 

Under the circumstances, I strongly believe that the deceased who was bed-ridden for more than a year, had an intention to add the name of his grand-daughter, for which he has completed everything, but could not pass it on to the Branch authority, for recording at their end. 

 

In the aforesaid circumstances, I request your kind guidance as to what is the lawful way to resolve the issue so that the deceased person's grand-daughter, who is staying at Bangalore and visits ocassionally, may operate the Locker on her next visit. 

 

If needed all family members/legal heirs are ready to indemnify the Bank against any consequence for the Branch action in allowing the Locker to be operated the aforesaid Grand-daughter, which was also the very specific wishes of the deceased ( deceased hirer of the Locker).

                      Solicit your prompt response on the requested assistance on the Locker issue.



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 9 Replies

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     21 June 2015

Banks act upon document called "Nomination" registered with them. Only if such nomination form is registered with Bank before death of the Depositor shall have credence.

 

Once the Depositor is no more his intentions in writing a Nomination form or a Will are open for litigation and hence Banks shall ask the legal heirs (whether Class I or otherwise also) to file Claim forms in the prescribed format applicable for Hindus, Muslims as the case may be. 

 

Therefore, you may approach the Bank branch and discuss the matter with them and file claim forms. 

Kumar Doab (FIN)     21 June 2015

 

If you have acknowledgment issued by the Bank of ‘Nomination’ then you can claim that Valid Nomination exits even if Bank has not updated its records.

Otherwise bank won’t agree that ‘Nomination’ was ever submitted.

RBI has issued ::

“Master Circular on Customer Service”

That each bank is supposed to keep on its website, in branch and prepare its internal guidelines as per it and keep these on its website, in branch and provide certified copy of each without any cost to claimants.

You may go thru:

20.

Settlement of claims in respect of deceased depositors – Simplification of procedure

 

 

21.2 Access to the safe deposit lockers / return of safe custody articles (without survivor/nominee clause)

https://rbi.org.in/scriptts/BS_ViewMasCirculardetails.aspx?Id=8131&Mode=0

 

 


Nominee is a mere trustee and has to pass on the proceeds to successors.

If ClassI legal heirs are not present ClassII legal heirs shall succeed to claim the proceeds.

Dr J C Vashista (Advocate)     22 June 2015

I agree with experts opinion, the nominee is a trustee but the moment nominee (registered), steps into the shoes of deceased (as in the instant case) takes over the assets/liabilities of the deceased. However, in case of any objection from any other LR of deceased (whether class I, II, III or IV) the nominee can operate as per will/wish  expressed by deceased with an indemnity bond to the bank. The bank cannot withhold, decline or stop the nominee to operate.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     22 June 2015

If there is any objection from other legal heirs or claiming to be legtal heirs, banks do not settle claim as per the Nomination but advise the claimants to move Court of Law and obtain proper order. Since settlement of claim etc, is not the core business of the banks and only an off shoot of their business, they never venture into the litigation of individual cases. Banks prefer to keep their hands free of litigation in respect of claim settlement.

Kumar Doab (FIN)     22 June 2015

As per post of the querist apparently the nomination declaration was not submitted to Bank.

BM/Bank has also communicated that it does not have nomination registartion in its record.

Until or unless the successors place nomination acknowledgment by the bank the bank may not agree that nomination instructions were ever submitted to it.

If nomination instructions were not given to the bank then the case is:

21.2 Access to the safe deposit lockers / return of safe custody articles (without survivor/nominee clause)

 

https://rbi.org.in/scripttts/BS_ViewMasCirculardetails.aspx?Id=8131&Mode=0

 

The claimants may staisfy the requiremernt as advocated by RBI and desired by BM and obtain the articles kept in locker.

 

P.THANGAVEL (ADVOCATE & LEGAL CONSULTANT)     22 June 2015

It appears there exists no valid nomination to rely upon and hence better option would be to file prescribed claim form duly signed by all claimants with supporting documents as advised by the bank concerned. Normaly,the Bank's Legal Dept.will look into the claim in its entirety and try to settle the claim or seek  clarifictions, if any  to proceed further in the matter. Based on the outcome in writing from the bank ,further action may be thought of if need be.

P.Thangavel, Advocate & Former Senior Manager of a leading PSB.

 

P.THANGAVEL (ADVOCATE & LEGAL CONSULTANT)     22 June 2015

It appears there exists no valid nomination to rely upon and hence better option would be to file prescribed claim form duly signed by all claimants with supporting documents as advised by the bank concerned. Normaly,the Bank's Legal Dept.will look into the claim in its entirety and try to settle the claim or seek  clarifictions, if any  to proceed further in the matter. Based on the outcome in writing from the bank ,further action may be thought of if need be.Best wishes for early resolution.

P.Thangavel, Advocate.

 

Biswanath Roy (Advocate)     24 June 2015

The only solution is to obtain a SUCCESSION CERTIFICATE from the court of law to succeed right, title and interest in the goods and assets of the deceased. a copy whereof can be submitted before the Banker to operate the subject Locker.

Kumar Doab (FIN)     24 June 2015

Check with your bank/banker. They might have asked to obtain letter of administration for locker.


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