12/01/2018 Law Web: Whether amount can be withdrawn from bank account of deceased on basis of will only?

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The submission of the learned counsel appearing for the Email Address *
petitioner is that in view of the express provisions of the Indian
Succession Act, 1925 (for short “the Succession Act”) and the law
laid down by this Court, it is not mandatory for the petitioner to Subscribe
obtain Letters of Administration or Probate on the basis of the

Will as the deceased was not a resident of Mumbai and the Will Like us On Facebook
does not affect any property in Mumbai. The learned counsel
appearing for the petitioner placed reliance on the decisions of
this Court which hold that in such cases, Probate or Letters of
Administration is not mandatory in view of the express provisions
of Section 57 of the Succession Act. He would, therefore, submit
that the Banks cannot insist on production of a Succession
Certificate as the petitioner is making a claim on the basis of the
Registered Will of the account holder. The learned counsel
appearing for the respondent no.1 supported the stand taken in
the letter dated 1st July, 2014.

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12/01/2018 Law Web: Whether amount can be withdrawn from bank account of deceased on basis of will only?
6. We have perused a copy of the alleged Will of deceased Law Web
Shevantibai. The Will itself discloses that though her husband 54K likes

predeceased her, she was survived by her son and six married
daughters.
7. Under Section 370 of the Succession Act, on production of a Like Page

Succession Certificate, the Banks will get a valid discharge. In

89 friends like this
the present case, admittedly, the petitioner is not a nominee
appointed by the deceased account holder. The petitioner is not a
natural legal heir who is entitled to succeed to the assets of the
deceased as per the provisions of the Hindu Succession Act, 1956.

8. Therefore, the respondent no.1 called upon the petitioner to

produce a Succession Certificate to facilitate the speedy disposal
of his claim. We find no error in the approach adopted by the Follow us On Twitter

bank when it insisted on the petitioner producing a Succession @LawWeb1

Certificate. This will enable the Banks to obtain a valid
discharge. We may, however, hold that on production of a Connect Us On LinkedIn
Succession Certificate under Section 370 of the Succession Act
issued by the Competent Court to the petitioner, the respondents
Banks will have to release to the petitioner the amounts standing
to the credit of the accounts held by deceased Shevantibai
without insisting upon complying with other formalities such as
production of an indemnity bond, consent of the natural heirs
etc. The reason is that if the Banks pay the amounts to the
petitioner on production of the Succession Certificate issued by
the Competent Court, the Banks will get a valid discharge.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
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CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.12350 OF 2015
Amol Rajgonda Patil vs.The Manager,Canara Bank & Anr.
CORAM : A.S.OKA, & A. K. MENON, JJ.
DATE : 20th APRIL, 2017

1. Heard the learned counsel appearing for the petitioner and the
learned counsel appearing for the respondent no.2. In this
petition under Article 226 of the Constitution of India, we are
Law Web
concerned with the bank accounts held by one Smt. Shevantibai
google.com/+LawWebin1
Bhimgonda Patil. The details of the bank accounts have been
Law web is very essential for law students,
mentioned in the prayer clause (b). professors, learned Advocates and Judges to k…

2. The petitioner is the grandson of the said Shevantibai. The said Follow
Shevantibai made a Registered Will dated 12th December, 2007 by
which a specific bequest is purportedly made in favour of the
petitioner in respect of the amount standing to her credit in her Poll Of The Month

bank account in Ratnakar Bank Limited. Another bequest is

Should Arbitration be made mandatory
purportedly made in favour of the petitioner in respect of the prior to litigation?

movable and immovable assets which are not specifically

mentioned in the Will. Yes

3. The said Shevantibai died on 7th February, 2014. The petitioner No

on the basis of the Will applied to Canara Bank as well as
Can't Say
Ratnakar Bank seeking withdrawal of the amounts lying to the
credit of the accounts held by his deceased grandmother. Canara
Vote
Bank by its letter dated 1st July, 2014 called upon the petitioner to
produce a Succession Certificate. View Results Polldaddy.com
4. The prayer in this petition under Article 226 is for issuing a writ
of mandamus to both the banks directing them to pay the
amounts standing to the credit of the deceased to the petitioner Popular Posts

without insisting upon production of a Succession Certificate or Whether Advocate can be prosecuted
Probate. for giving wrong search report to
bank?
5. The submission of the learned counsel appearing for the After hearing learned counsel for the
parties and perusing the record of the
petitioner is that in view of the express provisions of the Indian case alongwith the factual report
submitted by the learned...
Succession Act, 1925 (for short “the Succession Act”) and the law
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12/01/2018 Law Web: Whether amount can be withdrawn from bank account of deceased on basis of will only?
laid down by this Court, it is not mandatory for the petitioner to What is basic concept of good
defence in summary suit?
obtain Letters of Administration or Probate on the basis of the Under Rule 6 of Chapter XIIIA of the
Original Side Rules of this Court,
upon an application of the plaintiff
Will as the deceased was not a resident of Mumbai and the Will made under Rule 3 for final...

does not affect any property in Mumbai. The learned counsel Whether written statement verified by one defendant
appearing for the petitioner placed reliance on the decisions of is binding on all defendants?
As per Order 6, Rule 14 of the Civil Procedure Code
this Court which hold that in such cases, Probate or Letters of (CPC), inter alia, every pleading shall be signed by
the party and his pleader where...
Administration is not mandatory in view of the express provisions
of Section 57 of the Succession Act. He would, therefore, submit Historic Judgment on restitution of
conjugal right against wife who was
that the Banks cannot insist on production of a Succession married she was child
It is a misnomer to call this a suit for
Certificate as the petitioner is making a claim on the basis of the the restitution of conjugal rights.
When a married couple, after
Registered Will of the account holder. The learned counsel cohabitation separate and live...
appearing for the respondent no.1 supported the stand taken in
When husband can claim
the letter dated 1st July, 2014. maintenance from wife?
A husband seeking maintenance
6. We have perused a copy of the alleged Will of deceased from the wife can be treated only as
Shevantibai. The Will itself discloses that though her husband exceptional case as normally he has
got the liability or oblig...
predeceased her, she was survived by her son and six married
daughters.
Followers
7. Under Section 370 of the Succession Act, on production of a
Followers (382) Next
Succession Certificate, the Banks will get a valid discharge. In
the present case, admittedly, the petitioner is not a nominee
appointed by the deceased account holder. The petitioner is not a
natural legal heir who is entitled to succeed to the assets of the
deceased as per the provisions of the Hindu Succession Act, 1956.
Follow
8. Therefore, the respondent no.1 called upon the petitioner to
produce a Succession Certificate to facilitate the speedy disposal
of his claim. We find no error in the approach adopted by the
bank when it insisted on the petitioner producing a Succession
Certificate. This will enable the Banks to obtain a valid
discharge. We may, however, hold that on production of a
Succession Certificate under Section 370 of the Succession Act
issued by the Competent Court to the petitioner, the respondents
Banks will have to release to the petitioner the amounts standing
to the credit of the accounts held by deceased Shevantibai
without insisting upon complying with other formalities such as
production of an indemnity bond, consent of the natural heirs
etc. The reason is that if the Banks pay the amounts to the
petitioner on production of the Succession Certificate issued by
the Competent Court, the Banks will get a valid discharge.
9. Subject to what is observed above, the petition is rejected.

(A. K. MENON, J.) (A. S. OKA, J.)

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12/01/2018 Law Web: Whether amount can be withdrawn from bank account of deceased on basis of will only?

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