UMA BHATTACHARJEE; BITHIKA BHATTACHARJEE; SANJOY BHATTACHARJEE; MALLIKA BHATTACHARJEE; ABHOY BHATTACHARJEE; JUTIKA BHATTACHARJEE Vs. ACHINTYA RANJAN BHATTACHARJEE; ADWAITA RANJAN BHATTACHARJEE; RANU BHATTACHARJEE; ANUP RANJAN BHATTACHARJEE; SATI RANI BHATTACHARJEE; SANJIB BHATTACHARJEE; CHIRANJIB BHATTACHARJEE; BINA BHATTACHARJEE; ANITA CHAKRABORTY; SIKHA CHAKRABORTY

JUDGEMENT

(1.) The respondents herein applied for grant of succession certificate in respect of late Abyakta Ranjan Bhattacharjee, son of late Annada Ranjan Bhattacharjee, who admittedly was unmarried and died intestate.

(2.) Abyakta Ranjan Bhattacharjee had 6 brothers i) Sri Achintya Ranjan Bhattacharjee, ii) Sri Adwaita Ranjan Bhattacharjee, iii) late Amrit Ranjan Bhattacharjee, iv) Sri Ashit Ranjan Bhattacharjee, v) Sri Sudha Ranjan Bhattacharjee and vi) Sri Ajit Ranjan Bhattacharjee. He also had one sister, late Indira Chakraborty. Therefore, the estate of Abyakta Ranjan Bhattacharjee was to be divided into 7 parts. One-seventh share would go to Sri Achintya Ranjan Bhattacharjee, one-seventh share would go to Sri Adwaita Ranjan Bhattacharjee, one-seventh share would jointly go to Smti. Ranu Bhattacharjee and Sri Anup Ranjan Bhattacharjee, legal heirs of late Amrit Ranjan Bhattacharjee. Oneseventh share would jointly go to Smti. Sati Rani Bhattacharjee, Sri Sanjib Bhattacharjee, Sri Chiranjib Bhattacharjee being legal heirs of late Ashit Ranjan Bhattacharjee. One-seventh share would go to Smt. Bina Bhattacharjee legal heir of late Sudha Ranjan Bhattacharjee, one-seventh share would jointly go to Smti. Anita Chakraborty, Smti. Sikha Chakraborty and Sri Basudeb Chakraborty being legal heirs of late Indira Chakraborty and oneseventh share would jointly go to Smti. Uma Bhattacharjee, Smti. Bithika Bhattacharjee, Sri Sanjay Bhattacharjee, Smti. Mallika Bhattacharjee, Sri Abhoy Bhattacharjee and Smti. Juthika Bhattacharjee being legal heirs of late Ajit Ranjan Bhattacharjee.

(3.) There is no Will set up by any party. However, Smti. Mallika Bhattacharjee, daughter of late Ajit Ranjan Bhattacharjee, a brother of the deceased was the nominee mentioned in the bank accounts of the deceased Abyakta Ranjan Bhattacharjee. Other than the heirs of late Ajit Ranjan Bhattacharjee, all the other family members jointly filed a petition for grant of succession certificate. In this petition for grant of succession certificate, Smti. Uma Bhattacharjee and her children were also shown to be coheirs in respect of the estate of late Sri Abyakta Ranjan Bhattacharjee. The dispute is only with regard to two bank accounts of the deceased. Smti. Mallika Bhattacharjee claims that she is entitled to withdraw the amount from the bank. That may be true, but it is well settled law that a nominee is only entitled to withdraw the amount, but the nominee has to ensure that payment is made to all the legal heirs. It is the responsibility of the nominee to ensure that the amount received by the nominee is divided amongst the legal heirs as per their respective shares.