Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S.
Supriya Suresh Kammath W/o G.Suresh Kammath – Appellant
Versus
R. Jayachandra Kammath S/o Late A.N.Raya Kammath – Respondent
| Table of Content |
|---|
| 1. dispute concerning bank locker contents. (Para 2 , 3) |
| 2. conclusion affirming will's importance. (Para 4 , 18 , 19 , 20 , 22 , 25) |
| 3. arguments for and against ownership rights. (Para 5 , 6) |
| 4. judicial considerations on testamentary rights. (Para 7 , 8 , 28) |
| 5. analysis of joint account and will implications. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 21 , 24 , 26 , 27) |
JUDGMENT :
EASWARAN S., J.
Does a surviving account holder of a joint account of a bank locker have the right to take the articles inside the locker by applying the principle of “either or survivor" ignoring the rights of a legatee under a Will?.
2. This appeal by the 1st defendant raises certain intricate questions on the principles of “either or survivor”, which is normally found in a joint account with a bank. In the present case, the dispute is regarding the operation of a locker kept in the 2nd defendant – Canara Bank by late Sreedevi S. Kammath, which contains approximately 180 sovereigns of gold ornaments. The plaintiff claims that, based on a registered Will executed by late Sreedevi S. Kammath, he has an absolute title over it, whereas the 1st defendant/appellant claims that the ornaments were
The principle of 'either or survivor' does not apply to bank lockers when a valid Will bequeathing the contents exists, allowing the holder of the Will to claim ownership without needing co-holder co....
Section 218 of Indian Succession Act, 1925 stipulates manner in which administration of estate is to be granted by a court of law, in cases where a person has died intestate.
The main legal point established in the judgment is the interpretation of legal provisions under the Indian Succession Act, particularly regarding the entitlement to succession certificate, letter of....
The main legal point established in the judgment is the interpretation of Res-judicata, Order 2 Rule 2 CPC, and the entitlement of heirs under the Hindu Succession Act in a partition suit.
(1) Banks cannot wash off their hands and claim that they bear no liability towards their customers for operation of locker.(2) Banks as custodians of public property cannot leave customers in lurch ....
Section 370 of the Indian Succession Act does not cover bank lockers within its ambit for the issuance of a succession certificate.
A survivor under an 'either or survivor' deposit scheme is a trustee for other legal heirs unless explicitly granted exclusive rights via a gift deed.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
