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2007 Supreme(Ker) 69

S.SIRI JAGAN, M.RAMACHANDRAN
A. Chandrasekharan Nair – Appellant
Versus
The Union of India – Respondent


Judgment :-

Ramachandran, J.

An Original Petition had been filed, under Section 372 of the Indian Succession Act, before the Subordinate Judge's Court, Ottapalam, by four persons, who are brothers and sisters of Sri.A.Narayanankutty. That gentleman had expired on 07-08-1997 while at Sanjeevani Hospital, Kulappully. Sri. Narayankutty was unmarried and his parents had pre-deceased him. Petitioners claimed that they were the only legal heirs of the deceased person, and required the certificates for claiming assets locked in by way of securities in Banking Institutions at Ottapalam.

2. Assets described were (1) a Fixed Deposit for Rs.one lakh in the State Bank of India, Ottapalam, (2) a Fixed Deposit for Rs.80,000/- in the Nedungadi Bank, Ottapalam and (3) funds remaining in Savings Bank Account [S.B.A/c.No.3403] in the same Bank. In respect of the Fixed [MFA No.1250 of 2000] Deposit Account with the State Bank of India, Narayanankutty had presented Ext.B2 nomination, wherein the name of the nominee had been shown as Prime Minister's National Relief Fund. Likewise, in respect of the accounts in the Nedungadi Bank, he had addressed a letter (Ext.B1) dated 04-07-1996 to the Manager of the












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