F.M. Reis, J.

1. Heard Mr. S. Vales, learned Counsel appearing for the Appellants and Mr. Prasad Desai, learned Counsel appearing for the Respondents.

2. Admit, on the following substantial question of law :

"(1) Whether the Lower Appellate Court was justified to hold that the amount standing in the name of the mother of the Appellants and the Respondents could be withdrawn by her successors only after the shares are determined in the Inventory Proceedings ?"

3. Heard forthwith with the consent of the learned Counsel. Learned Counsel appearing for the Respondents waives service.

4. Briefly, the facts of the case are that the suit filed by the Appellants, inter alia, is for the distribution of the amount lying in the savings account and two Fixed Deposits to the Appellants and the Respondent No. 1 in equal proportion being the children of Smt. Chameli Yadav, who is the mother of the Appellants and the Respondent No. 1, now deceased. It is the case of the Appellants that the amount standing in the name of the deceased mother devolved upon the Appellants and the Respondent No. 1 herein in equal shares and, as such, the Respondent No. 2-Bank be directed to distribute the said amount