GOPAL RAM SON OF LATE BALIRAM RAM RESIDENT OF VILLAGE Vs. BRANCH MANAGER, BANK OF INDIA, BUXAR BRANCH, DISTRICT - BUXAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the Respondent Bank.

(2.) The writ petition has been filed with a prayer for a direction to the Respondent Bank to give half share of the amount contained in Account No. 6919 and also in 6920 to the petitioner which are in the name of his deceased father an mother and further to direct the Respondent Bank not to pay the amounts in question to the Respondent No. 2.

(3.) It is submitted on behalf of the petitioner that being the full brother of the respondent no. 2, the petitioner is entitled to 1/2 share of the maturity proceeds of the two fixed Patna High Court CWJC No.1909 of 2014 dt.14-12-2015 2 deposits of Rs.1.00,000/- each which had been issued in favour of the father and mother of the petitioner respectively, during their lifetime. It is stated that the respondent Bank shall not to be permitted to make the maturity proceeds in their entirety to the petitioner's brother, respondent no. 2 who is named as the nominee in both the fixed deposits, to the exclusion of the petitioner who is also equally entitled to the property upon succession, pursuant to death of his parents.