Legal Question in Real Estate Law in India
Movable Property i.e.Gold ornaments, had been kept in the Locker of a nationlised Bank by a married Woman who died at a later date.The locker was opened jointly with anther woman(her mother) with either or survivor operation clause.Now,the survivor (her mother) wants to take away all the contents in the locker by break open since the Key is with the legal heirs(husband and adult son).Her mother has furnished false information on loss of locker key to bank and Police, although the legal heirs have informed bank on availability of key and requested bank not to allow assess to the survivor due to non settlement of assets of deceased in the locker.It is a fact that the locker was operated by only the deceased since its opening and rents being paid from her saving accounts.Besides, one fixed deposite in the name of the deceased has been leaned for the locker rent.
The bank is not giving any relief to the legal heirs and allowing the survivor to operate the locker as per bank regulation by passing the RBI guide lines.In such a situation the suvivor may take all assets stored in the locker by the deceased.
How the legal heirs will get justice?The legal heirs can not give the list of articles in the locker since not known to them.Can the survivor take the assets without any proof by taking advantage of the bank rules.what are the general laws of land in this situation will be applicable?How to stop the bank and the survivor from operating the locker?
2 Answers from Attorneys
a petition for succession can be filed on behalf of the legal heir and also implead mother of deceased as a party. a stay can also be sought against the mother of deceased and the bank.
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