Court mandates inventory and valuation of deceased's bank locker; clarify procedures for accessing contents.

The Hon'ble JUSTICE ARINDAM MUKHERJEE Date: 21st July, 2025 Appearance:

Mr. Altamash Alim, Adv.

For the petitioner The Court :- This is an application filed in an application for grant of probate for opening and/or breaking open the locker being Locker No.1488 standing in the name of Mandira Ghosh, the testatrix maintained with Bank of India, Baranagar Branch at 39, Tofin Road, Kolkata – 700 036.

Mr. Altamash Alim, learned Advocate for the petitioner, prays for direction upon the Bank Manager, Bank of India, Baranagar Branch to carry out the inventory of the assets of the testatrix lying in the said locker and the valuation thereof.

In view of the aforesaid, the Manager of the concerned branch of Bank of India is directed to do the following:-

(i) Ascertain whether the said locker is only in the name of the testatrix or in the joint name with anyone else as also whether the locker has any nominee.

(ii) The Branch Manager apart from giving notice to the petitioner after fixing a date to open or break open the padlock shall also give notice to the person(s) who is or are nominee(s) or may be holding the said locker jointly with the testatrix, if it is so found.

(iii) Open bank locker No. 1488 (Key No.1478) at 39, Tofin Road, Kolkata –

700 036 at Bank of India standing in the name of the testatirx to cause inventory of the articles, assets lying in the said locker upon notice to the petitioner.

(iv) The keys of the locker concerned shall be provided by the petitioner or the joint locker holder or the nominee or any family member of the testatrix in whose custody the key is presently lying. If the key is not available the concerned branch manager shall break open the locker in the presence of the petitioner and other as indicated above.

(v) Prepare a list of inventory of the articles in the said locker and supply a copy to the petitioner or any other person found entitled to the same.

(vi) To have the articles, if any found in the locker valued by an empanelled valuer of the said bank and supply a valuation report to the petitioner and any person entitled to the same.

(vii) After such exercise is complete, shall keep the articles in the said locker or in any alternative locker, if the original locker has to be broken down for opening the same and lock the same till further direction from the Court without allowing any operation.

The aforesaid exercise shall be undertaken within eight weeks from the date of communication of a server copy of this order.

The Branch Manager, Bank of India, Baranagar Branch at 39, Tofin Road, Kolkata – 700 036 is directed to co-operate with the petitioner in carrying out such inventory and valuation.

The application being IA No. GA/1/2025 in PLA No. 323 of 2024 is, accordingly, disposed of.