KALYANI NATARAJ Vs. ICICI BANK LIMITED

JUDGEMENT

(1.) Petitioners in P& S.C.No.102/2022 on the file of IX Additional City Civil & Sessions Judge, Bengaluru, have filed this appeal under Order 43 of CPC read with 384 of Indian Succession Act s, challenging order of trial Court refusing to grant succession certificate in respect of shares held by the deceased so also the balance in savings account held by the deceased.

(2.) It is the case of the appellants - petitioners that husband of petitioner No.1 and father of petitioners Nos.2 and 3 by name Nataraj Venkataramanan had immovable property, share certificate in Demat account No.36367836 and also amount in savings account in S.B.account No.840110100003201 of Bank of India, Malleshwaram Branch, Bengaluru. The said Late. Nataraj Venkataramanan died intestate leaving behind his legal heirs i.e., petitioners to succeed to the said property.

(3.) During his lifetime, Late Nataraj Venkataramanan obtained housing loan from IDBI Bank, Bengaluru by mortgaging of house property belonging to Late.Nataraj Venkataramanan, by depositing of title deeds. The said loan was fully repaid after his death by petitioner - appellant No.1. To return original title deeds of said property i.e., the documents mortgaged to the bank, the bank insisted for succession certificate. Similarly to transfer the amount in the savings bank account held by Late. Nataraj Venkataramanan, so also the shares held by deceased in the Demat account, the concerned authorities insisted for Succession Certificate. Hence, appellants filed petition under Sec. 372 of Indian Succession Act and prayed to issue Succession Certificate in respect of immovable property and Bank account, shares held by the deceased Late.Nataraj Venkataramanan.