SUPRIYA SURESH KAMMATH Vs. JAYACHANDRA KAMMATH

JUDGEMENT

(1.) Does a surviving account holder of a joint account of a bank locker have the right to take the articles inside the locker by applying the principle of "either or survivor" ignoring the rights of a legatee under a Will?.

(2.) This appeal by the 1st defendant raises certain intricate questions on the principles of "either or survivor", which is normally found in a joint account with a bank. In the present case, the dispute is regarding the operation of a locker kept in the 2nd defendant Canara Bank by late Sreedevi S. Kammath, which contains approximately 180 sovereigns of gold ornaments. The plaintiff claims that, based on a registered Will executed by late Sreedevi S. Kammath, he has an absolute title over it, whereas the 1st defendant/appellant claims that the ornaments were gifted to her by late Sreedevi S. Kammath and that, going by the principles of "either or survivor", on the death of one of the joint holders of the account, the entire gold ornaments inside the locker will automatically vest in her. In addition to the above, she also claims that the ornaments belong to her as they were gifted by late Sreedevi S. Kammath and thereby setting up an independent title.

(3.) The brief facts necessary for the disposal of the appeal are as follows: