Legal Question in Banking Law in India

My wife has a Bank Locker jointly with her mother where either of Survivor clause was administered.Unfortunately my wife expired and her mother is demanding all assets in the Bank Locker and stopped operation. Can she stop operation?As legal heir of deceased in which way myself and my Son can get relief. For all practical purposes the locker was operated by my wife only and the leaned Fixed Deposite is in name of my wife only and the Key is with us..


Asked on 1/27/12, 8:13 am

1 Answer from Attorneys
J. Radhakrishnan independent Practice

If there is no nomination for the fixed deposits in the name of your deceased wife in your or son's favour, apply for succession certificate for the same impleading your mother in law, in appropriate court. For all the assets including those in bank lockers in the name of your wife, you and your son or if t here are other sons or daughter, along with themfile a suit for declaration and recovery of the properties of your wife, impleading your mother in law and the concerned Bank. In that suit get an injunction against your mother in law operating the locker, have a court commissioner/Receiver appointed to take custody of the contents of locker, pending the disposal of the suit. Get the assistance of a good local lawyer.

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Answered on 1/27/12, 7:00 pm


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