A succession certificate is not required for accessing articles kept in a bank's locker. The bank's guidelines provide a framework for dealing with such situations, including obtaining an indemnity from the claimants.

( 1 ) THE players to the game are bound by the Rules of the game. This is more so in the case of a referee, who is instrumental in laying down the Rules. State Bank of India is in the position of a referee. It has laid down certain norms, which deal with the method and manner in which the articles kept in the bank's safe deposit locker are to be dealt with. The instructions on the point have been made available by Shri A. M. Naik, Advocate appearing for the State Bank of India. Before noticing the facts and legal position, it would be apt to notice these instructions. "6. 4. Return of articles kept in the bank's safe deposit vault/sealed boxes.- (i) In the case of articles in State Deposit Lockers/sealed boxes in safe deposit, an inventory should be prepared in the presence of two officers of the branch and two independent witnesses. In appropriate cases, the services of a notary, if available may also be availed of, as an independent witness. (ii) A stamped letter of indemnity on form given in Annexure- VII should be executed by the claimants with two sureties (persons other than those swearing to the affidavits) who are considered individually good for the amount involved. (Stamp duty applicable in Madhya Pradesh, at present is Rs. 5/- ). Note : (a) The letter of indemnity should be signed by all the legal heirs of a deceased constituent. If the heir (s) disclaim the right to the property of the deceased constituent, he/they need not join in the indemnity. If the heir (s) disclaim merely theright to receive from the Bank the assets of the deceased constituent, but not their right in the assets themselves, all the heirs must join the indemnity to be executed to the Bank. (b) The sureties who are relatives of the deceased may be accepted provided they are not directly involved as claimants and are considered individually good for the amount involved. (c) The letter of indemnity should not be attested. (ii) In case where the rents of the lockers are not being paid by the heirs of the deceased hirers notices and reminders on forms COS 405 and 406 should be posted to the last known address of such deceased hirer; such notices may also be given further by way of public notices in leading newspapers with the approval of the controlling authority in each case. After the expiry of the period of such notices the branches should proceed to break open the lockers with the prior approval of the controlling authority and deal with the contents in accordance with the agreement the hire entered into with the Bank. Also if the contents of lockers are not claimed and the arrears of rent are not paid for a period of three years no valid claim can be lodged against the bank for the contents of the locker. The Bank will be free to dispose of the contents of the locker in whatever manner it deems fit and recover the arrears of rent due. In cases where the articles are of substantial value, it would be sufficient only such part of the articles as will realise enough for satisfying the bank's accumulated charges and other dues is disposed of. The right to sell the whole or part of the articles will depend on the composition and value of the articles held and the amount of the bank's claim involved, in individual cases. Also, as each case may involve complications peculiar to it, each case should be referred to the controlling authority for suitable instructions for the action to be followed. "facts are as under:-

( 2 ) ONE Shri S. L. Chopra was having a locker with the State Bank of India. He has since died. Regarding his assets the present petitioners who claim to be his heirs had approached the 5th Additional District Judge Gwalior for a succession certificate. This has been duly granted. This deals with various other items, including fixed deposit accounts with various banks. State Bank of India is also one such banks. Armed with the succession certificate, they requested the State Bank of India to permit the present petitioners t