SANGEETHA R. Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) Petitioner who is the only daughter as well as the only legal heir of her deceased mother is aggrieved by the refusal on the part of the 1st respondent Bank to release the ornaments kept in the safe deposit locker of her deceased mother. The 1st respondent rejected her request as per Ext.p7 letter stating that the extant instructions for deceased settlement claim pertaining to locker requires legal representation in the form of probated will or letter of administration. The petitioner challenges the said letter as well as the instructions based on which the bank denied the ornaments to the petitioner.

(2.) Petitioner's mother, Late Dr. S. Rema Devi was allotted a safe deposit locker in the 1st respondent Bank. Dr. Rema Devi died on 04.08.2019. Petitioner and her father Mr. K.P. Panicker were the only legal heirs as certified in Ext.P2 legal heirship certificate issued on 27.02.2020. While so petitioner's father also died on 28.04.2020 leaving behind the petitioner alone. Petitioner obtained Ext.P4 relationship certificate dated 14.07.2020 from the Village Officer, in which it was certified that petitioner is the sole surviving member of Late K.P.Panicker. On 04.08.2020 petitioner submitted Ext.P5 application before the first respondent producing all the relevant documents including Ext.P2 legal heirship certificate, Ext.P3 death certificate of her father, Ext.P4 relationship certificate, etc., requesting for settlement of claims in respect of the deceased mother and for access to the safe deposit locker which was alloted to her mother. It is stated that on 07.08.2020, the petitioner was permitted to take inventory of the articles in the safe deposit locker of her mother. However as against her request for providing access to the safe deposit locker, the 1st respondent issued Ext. P7 letter stating the following:

(3.) This writ petition is filed challenging Ext.P7 letter. According to her Ext.P7 letter is issued in violation of Ext.P8 circular dated 17.04.2007 and guidelines 4.1.7 and 4.1.8 of Ext. P9 circular issued by the Reserve Bank, according to which banks should adopt a customer friendly approach to the legal heirs of locker hirers and avoid inconvenience to them in respect of access to safe deposit locker as well as return of articles in it. It is also stated that Ext. P10 circular issued by the State Bank of India on 31.01.2019 is contrary to the circulars issued by the Reserve bank of India and also in violation of the provisions contained in Section 45ZC to ZF of Banking Regulation Act.