Nominees of a deceased do not acquire ownership over deposited funds; their role involves managing distribution among legal heirs according to succession laws.

JUDGMENT :

P. DHANABAL, J.

This Civil Suit has been filed by the plaintiffs for the relief of partition of fixed deposits; to render true and proper accounts of all the fixed deposits stood in the name of Late Maruthai Chettiar and for permanent injunction restraining the defendants 1 to 7 from in any manner using / distributing / disbursing appropriate amounts of money already withdrawn by them from the fixed deposit made by late Maruthai Chettiar as detailed in the schedule in the plaint and for cost and other reliefs.

2. The brief averments of the plaint are as follows:-

(i) The plaintiffs are the sons of late Mr.P.M.Maruthai Chettiar, who died on 07.10.2019. The 1^st defendant is the daughter of said Mr.P.M.Maruthai Chettiar and sister of the plaintiffs, defendants 2 and 3 are the sons of 1^st defendant. The defendants 2 and 3 colluding with the 1^st defendant have withdrawn the funds deposited in the name of Mr.P.M.Maruthai Chettiar. The defendants 4 to 7 are the surviving legal heirs of pre-deceased daughter late Mrs.Jeevarathinam and they also colluded with other defendants. The plaintiffs, 1^st defendant and the said Jeevarathiam are the legal heirs of Mr.P.M.Maruthai Chettiar. The said Jeevarathinam died during the year 2016 and 4 to 7 defendants are the legal heirs of the said Jeevarathinam. The said Mr.P.M.Maruthai Chettiar was suffering from loss of memory due to the old age and unable to recognize his own kith and kin. On the pretext of taking care of Mr.P.M.Maruthai Chettiar, the defendants 1 to 3 always accompanied him, which made the plaintiffs to believe that he was taking good care and did not lead them to any form of suspicion. The defendants colluding together committed a serious illegal and arbitrary acts. The Late Mr.P.M.Maruthai Chettiar, had deposits in his name as stated in the plaint and the plaintiffs are not aware of the details of some of the deposits and do not have any receipts in their possession and the amounts have been reshuffled and adjusted subsequent to the assessment year 2018-2019. The defendants 1 to 3 have removed the jewels of Mr.P.M.Maruthai Chettiar, at the time of his death, the defendants 2 and 3 created ruckus before the Bank personnel and intimated and harassed them into transferring the amounts into fixed deposits. After receiving death certificate of Mr.P.M.Maruthai Chettiar, on 17.10.2019, the defendants 1 to 3 approached the banks, defendants 8 to 10 to have the money transferred to them.

(ii) The plaintiffs informed the defendants’ Bank 8 to 10 that there was a foul play and that the defendants 1 to 3 have committed fraud in replacing their names as nominees. The plaintiffs also addressed a letter dated 18.10.2019 to Reserve Bank of India, Madras apprising to the bank all the legal heirs of the deceased father. Thereafter, the plaintiffs also filed a police complaint, but no action was taken. Already, the plaintiffs filed a suit in O.S.No.7775 of 2019 restraining the defendants 1 to 3 from withdrawing or in any manner appropriating the amounts of the fixed deposits made by late Mr.P.M. Maruthai Chettiar and restraining the defendants 8 to 10 from releasing any funds and to direct the defendants 8 to 10 to furnish details of the deposits made by Mr.P.M.Maruthai Chettiar. Initially the Court granted interim injunction of status quo and thereafter, the defendants appeared in that case, the Karur Vysya Bank, Lakshmi Vilas Bank and Tamilnadu Merchantile Bank furnished t