Research › Search › Judgment

Karnataka High Court · body

2013 DIGILAW 1129 (KAR)

Meena Lasrado v. State Bank of India

2013-09-19

A.S.BOPANNA

body2013
ORDER A.S. Bopanna, J. 1. The petitioners are before this Court seeking for the following reliefs.-- (a) An appropriate writ be issued declaring that the provisions of the Indian Succession Act, 1925 particularly Section 213 exempts Indian Christians from seeking probate in respect of a Will that the respondents insistence on the production of such certificate is unjust and unwarranted. (b) A writ in the nature of certiorari or any other appropriate writ, direction or order quashing the communications dated 18-3-2013, 31-5-2013 and 18-6-2013 issued by the 2nd respondent (Annexures-G, L and M). (c) A writ in the nature of certiorari or any other appropriate writ, direction or order quashing the communication dated 7-5-2013 issued by the third respondent (Annexure-H). (d) A writ in the nature of mandamus directing the respondents to accede to the request made by the petitioners, in their representations dated 22-2-2013 and 11-2-2013, forthwith (Annexures-E and F). (e) Such other writs, directions, orders having regard to facts and circumstances of the case including the award of costs. The brief facts are that the petitioners are Indian Christians and the children of Late Mrs. Rita Marie Therese Rebello. Their mother died on 28-1-2013 leaving behind her a Will dated 5-2-2003 which is registered in the office of the Sub-Registrar, Mangalore. The Will having come into force, the petitioners have approached the respondent-Bank for settlement of the amounts which is in deposit in the name of the deceased mother of the parties. In that regard, a representation as at Annexure-E was made to the Bank. 2. In reply, the respondent-Bank at the first instance had sought for probate or letters of administration in respect of the Will by citing Section 213 of the Indian Succession Act. On being clarified to the respondents that such procedure would not be required, though the respondent-Bank has accepted the same has thereafter indicated that even in the absence of probate, an appropriate succession certificate shall be obtained for settlement of the claims. It is in that context, the petitioners are before this Court. 3. In the instant petition, the respondents have filed their objection statement and have reiterated what has been stated by them in the endorsement/communication which had been issued to the petitioners earlier. In addition, the respondents have also referred to their guidelines relating to disposal of assets of deceased constituents. 3. In the instant petition, the respondents have filed their objection statement and have reiterated what has been stated by them in the endorsement/communication which had been issued to the petitioners earlier. In addition, the respondents have also referred to their guidelines relating to disposal of assets of deceased constituents. In that regard, it is contended that as per the procedure contemplated therein at item No. 6(c) relating to settlement on Affidavit-cum-Indemnity basis, if the requirement indicated therein are complied by the petitioners, the respondents would be in a position to settle the claim of the petitioners. 4. Having noticed these aspects of the matter and also having taken note of the contention on behalf of the respondents, at this juncture since they do not insist on seeking probate, the question relating to that aspect of the matter does not arise. However, the issue for consideration is as to whether in the present facts and circumstances of the case, the petitioners should be directed to obtain a succession certificate or any other method for settlement of the claim is to be followed, so as to enable the respondents to settle the claim. In that regard, it would be necessary at the outset to make reference to the last Will and testament of Mrs. Rita Marie Therese Rebello i.e., the mother of the petitioners herein. 5. By the said Will, the properties which belong to their mother has been bequeathed to the petitioners herein. In addition, the mother of the petitioners has desired that a sum of Rs. 1 lakh be paid to the first petitioner and another sum of Rs. 1 lakh to the grandson of the testatrix namely Justin Rebello, S/o. Late R.R. Ajith Rebello. In addition, a sum of Rs. 10,000/- has been bequeathed in favour of the second petitioner and a further sum of Rs. 10,000/- to Mother Theresa Home, Mangalore. Hence, at this juncture since there are no third party claims, the question is only to see that the Will of the testatrix is implemented and at the same time the petitioners enjoy the benefits of the assets left behind by their mother without there being hindrance. To enable the same, it would be appropriate that the petitioners shall at the first instance pay a sum of Rs. 10,000/- to Mother Theresa Home, Mangalore and produce a receipt in that regard to the respondent-Bank. To enable the same, it would be appropriate that the petitioners shall at the first instance pay a sum of Rs. 10,000/- to Mother Theresa Home, Mangalore and produce a receipt in that regard to the respondent-Bank. In any event, since a sum of Rs. 1 lakh has been bequeathed in favour of the first petitioner and a sum of Rs. 10,000/- to the second petitioner, they could indicate their satisfaction with regard to the same. 6. Furthermore, since a sum of Rs. 1 lakh has also been bequeathed in favour of the grandson Justin Rebello, the respondent-Bank shall deduct the same from the amount that is available to the credit of the testatrix and keep the same in a Fixed Deposit in the respondent-Bank and renew the same periodically so that as and when Justin Rebello seeks payment of the same, the same would be available with the respondents 2 and 3. Insofar as to indicate the satisfaction of the implementation of Will in the above manner, in addition to the second respondent who is one of the executors, the Sri Rudolf Rodrigues, Chartered Accountant of the family shall also file an appropriate affidavit with the respondents 2 and 3 indicating that the responsibility of executor-ship has been discharged by him in terms of the above arrangement. The said affidavit to be filed by Sri Rudolf Rodrigues, Chartered Accountant shall also be treated as an affidavit which is filed by a third person who is not a member of the family as required under the guidelines of the respondent-Bank. In that view, on the petitioners herein satisfying the above conditions and filing the necessary documents as stated herein above, the respondents 2 and 3 shall consider the request as made in the representation at Annexure-E by appropriating the amounts that is due to them and the balance amount shall be paid in the joint names of the petitioners herein be apportioned in their respective name as per their desire. In addition to the above, the petitioners shall also execute an indemnity bond in favour of the respondents undertaking therein to settle all claims of either the other beneficiaries or third party claims in respect of the amount left behind by the deceased and settled by the respondents in favour of the petitioners. In terms of the above, the petition stands disposed of. In addition.