AMBILY JOSE Vs. SUB REGISTRAR

JUDGEMENT

(1.) The petitioner is the executor of Ext.P3 registered Will executed by the late Fr. George Valiaveetil. He died on 8/7/2024. The deceased has deposits in the 3rd respondent bank. The testator has bequeathed his properties, assets and deposits in favour of the petitioner and other legatees as per the Will. On the testator's death, the petitioner submitted Ext.P4 letter to the 3rd respondent informing them that he is the executor of the Will and requesting them to furnish the account details of the deceased. In response to the letter, the 3rd respondent has directed the petitioner to submit the death certificate of the deceased and a copy of the probated Will. As per the guidelines of the Reserve Bank of India, all scheduled Banks are bound to settle claims of the deceased depositors within 15 days from their death. In the light of the amendment to Sec. 213(2) of the Indian Succession Act, the insistence of the respondents to probate the Will is unwarranted. Ext.P5 reply is illegal and arbitrary. Hence, the writ petition.

(2.) Heard; the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents 2 and 3 banks.

(3.) Ext.P3 is a registered Will of Fr. George Valiaveettil. He was an Indian Christian. Ext.P1 death certificate proves that he died on 8/7/2024.