IMPORTANT POINT
The court affirmed that a succession certificate grants legal heirs entitlement to deceased's bank deposits, overriding nominee claims under the Banking Regulation Act.

ORDER :

(Venkateswarlu Nimmagadda, J.)

This Writ Petition under Article 227 of the Constitution of India is filed for the following relief:

“to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 3 to 6 herein in interfering with the life and liberty of the petitioners and thereby harassing them at the instance of 7 to 10 respondents herein and also forcibly taken away the motor bike of the 1st petitioner bearing No A P 05EF 3060 and Cell No 9885709429 unauthorized custody in the 4th respondent Police Station in view of orders in M P NO 2270/2015 IN DVC 5/2015 Dt 27/1/2016 of XXV Metropolitan Magistrate Kukatapally at Miyapur is illegal arbitrary untenable amounting to interference with civil dispute and violative of Article 14 21 and 300 A of the Constitution of India and consequently direct the respondents 3 to 6 not to harass and interfere with the life and liberty of the petitioners in any manner and handed over the motor bike of the 1st petitioner bearing No A P 05EF 3060 and Cell No 9885709429 unauthorized custody in the 4th Police Station to the petitioners and pass such...”

2. The petitioner herein is wife of the deceased and the respondent No.2 is sister of the deceased. The deceased while working as teacher died on 07.03.2020 leaving the petitioner herein and two (02) minor children as class-I legal heirs and respondent No.2 herein and another sister as class-II legal heirs. While so, the deceased opened one savings bank account bearing No.32450965366 with SBI Parvathipuram, Vizianagaram District wherein an amount of Rs.50,000/- is lying as credit amount and the petitioner also deposited an amount of Rs.20,00,000/- as fixed term deposit with the bank vide For bearing Nos.32451110819, 32451116606, 32451117350 and 32451148662 at respondent No.1/bank. After death of the deceased, the petitioner herein being class-I legal heir submitted a representation to the respondent/bank claiming disbursement of amount lying in the deceased bank account. Similarly, respondent No.2 being a class-II legal heir also submitted a representation to the respondent/bank claiming disbursement of amount, since she was nominated as nominee to the fixed deposits. In view of the claim and counter claim by the petitioner and respondent No.2, the respondent No.1/bank neither disbursed the amount nor disposed of their representations by passing any speaking order and requested to get succession certificate through Court of law. Having no other option, the petitioner herein along with her two (02) minor children filed SOP No.5 of 2020, on the file of learned Senior Civil Judge, Parvathipuram, seeking right of succession being class-I legal heirs in respect of the deceased wherein the respondent Nos.1 and 2 herein were made as party respondents to the said SOP. Similarly, respondent No.2 also invoked jurisdiction of the Court of law and filed OS No.4 of 2021 on the file of learned II Additional District Court, Parvatipuram seeking declaration of title in respect of properties bequeathed by the deceased, wherein the petitioner herein is defendant to the said suit. After considering the facts and circumstances of the case, the Court below passed order dated 17.11.2021 granting succession in favour of the petitioner by holding as under:

SUCCESSION CERTIFICATE

Whereas the petitioners applied on 21st day of October, 2020, by invoking Sec.372 of Indian Succession Act, praying the court to issue Succession Certificate in their favour, in respect of the schedule mentioned amounts lying with State Bank of India, Main Branch, parvatipuram, relating to the deceased Kona late Srinivasa Kumar, S/o. Late Sitaramamurthy.

SCHEDULE

An amount of Rs.50,000/- in SB A/c.32450965366; and an amount of Rs.20,00,000/- in fixed deposits (totaling to Rs.20,50,000/-) lying with State Bank of India, Main Branch, Parvatipuram. The petition is allowed directing the office to issue Succession Certificate in