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. 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,