Legal Question in Banking Law in India

14.07.2013

Dear Sir / Madam,

The legal heirs of the locker hirer will take precedence over the legal heirs of the nominee, in the legal claim of the locker contents.

Regards,

The rules relating to nomination in the Banking Regulation Act simply assigns the role of operating the locker on the death of the hirer by the nominee. In other words, the contents of locker always belong to the hirer and on his death devolve on his heirs, even though a nominee is given access to the locker. In the circumstances, if the nominee dies, the legal heirs of lockers should claim the contents of the lockers. Of course, they would be required to give details of the heirs of the deceased nominee as well, to whom notice will be given by the bank of the claim by the legal heirs of the hirer. If the Bank does not entertain the claim of the legal heirs of the locker, then if the hirer is not a christian, the legal heirs can file a suit in the court which has territorial jurisdiction over the Branch of the Bank concerned for declaration and delivery of possession of the contents of locker impleading the bank. If the hirer was a christian, then his legal heirs can apply to that court for letters of Administration to operate the locker.

legal heirs of the locker owner.

thanks and regards

Adv. Rajiv