BETHA MAHALAKSHMI Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) This Writ Petition under Article 227 of the Constitution of India is filed for the following relief:

(2.) The petitioner herein is wife of the deceased and the respondent No.2 is sister of the deceased. The deceased while working as teacher died on 7/3/2020 leaving the petitioner herein and two (02) minor children as class-I legal heirs and respondent No.2 herein and another sister as class-II legal heirs. While so, the deceased opened one savings bank account bearing No.32450965366 with SBI Parvathipuram, Vizianagaram District wherein an amount of Rs.50,000.00 is lying as credit amount and the petitioner also deposited an amount of Rs.20,00,000.00 as fixed term deposit with the bank vide For bearing Nos.32451110819, 32451116606, 32451117350 and 32451148662 at respondent No.1/bank. After death of the deceased, the petitioner herein being class-I legal heir submitted a representation to the respondent/bank claiming disbursement of amount lying in the deceased bank account. Similarly, respondent No.2 being a class-II legal heir also submitted a representation to the respondent/bank claiming disbursement of amount, since she was nominated as nominee to the fixed deposits. In view of the claim and counter claim by the petitioner and respondent No.2, the respondent No.1/bank neither disbursed the amount nor disposed of their representations by passing any speaking order and requested to get succession certificate through Court of law. Having no other option, the petitioner herein along with her two (02) minor children filed SOP No.5 of 2020, on the file of learned Senior Civil Judge, Parvathipuram, seeking right of succession being class-I legal heirs in respect of the deceased wherein the respondent Nos.1 and 2 herein were made as party respondents to the said SOP. Similarly, respondent No.2 also invoked jurisdiction of the Court of law and filed OS No.4 of 2021 on the file of learned II Additional District Court, Parvatipuram seeking declaration of title in respect of properties bequeathed by the deceased, wherein the petitioner herein is defendant to the said suit. After considering the facts and circumstances of the case, the Court below passed order dtd. 17/11/2021 granting succession in favour of the petitioner by holding as under:

(3.) Learned counsel for the petitioner would submit that in view of issuance of succession certificate, the petitioner is entitled to receive the schedule amounts as per the order of the Court below dtd. 17/11/2021. He further submits that even though the Court below issued succession certificate in favour of the petitioner, so far respondent No.1 for the reasons best known to it neither disbursed amounts nor challenged the order of the Court below dtd. 17/11/2021 which become final. He further submits that once competent Court passed an order granting succession certificate in favour of the petitioner, the respondent No.1 has no other option except to disburse the said amounts in favour of the petitioner. Therefore, respondent No.1 shall be directed to disburse amount in favour of the petitioner in view of the succession certificate granted by the Court below.