Legal heirs must provide documentation to access a deceased's bank locker when no nomination is present.

J U D G M E N T

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Petitioners, who are children and sole legal heirs of late Smt. Anandam G. Nair, have filed this writ petition seeking to direct the 2^nd respondent to break open Bank locker No.161 and handover the contents of the locker to the petitioners.

2. The petitioners state that late Anandam G.

Nair had availed a locker facility in the 1^st respondent-Bank. She was allotted locker No.161. Anandam G. Nair passed away on 14.05.2001 leaving behind three children, who are the petitioners herein. The 1^st respondent informed the 2^nd petitioner that the locker was inactive and required the 2^nd petitioner to take steps to close the same. The 3^rd petitioner was in USA.

3. When the 3^rd petitioner became available, the petitioners addressed Ext.P3 letter dated 10.03.2025 to the 2^nd respondent requesting to break open the locker. To the surprise of the petitioners, the 2^nd respondent informed that since there is no nomination registered for the locker, the petitioners have to produce letter of administration for further proceedings. The rejection of Ext.P3 request is arbitrary and illegal, contend the petitioners.

4. The 1^st respondent-Bank is bound to transfer the contents of the locker to the legal heirs. The failure of respondents 1 and 2 to transfer the contents is highly illegal and arbitrary, contended the petitioners.

5. Respondents 1 and 2 resisted the writ petition. Respondents 1 and 2 submitted that it is the Board approved policy of the Bank that in such cases the legal heirs shall produce letter of administration. The provisions contained in the Banking Regulation Act also require the Bank to insist for production of necessary documents.

6. I have heard the learned counsel for the petitioners and the learned Standing Counsel appearing for respondents 1 to 3.

7. It is to be noted that Anandam G. Nair, who was the customer, passed away on 14.05.2001. Ext.P1 is the death certificate. The petitioners are the three daughters of late Anandam G. Nair. According to the petitioners, they are the only children left behind by the deceased.

8. More than 24 years have lapsed after the demise of the customer. So far, no person has approached the Bank other than the three petitioners claiming to be legal heirs of the deceased. As per Ext.P5 Circular dated 18.08.2021 issued by the Reserve Bank of Inida regulating deposit locker / safe custody article facility provided by the Banks, paragraph 5.3.6 provides that in case where the deceased locker hirer had not made any nomination or where the joint hirers had not given any mandate that the access may be given to one or more of the survivors by a clear survivorship clause, Banks shall adopt Board approved policy to facilitate access to legal heirs / legal representative of the deceased. In this case, the petitioners have submitted application to open the locker and take over the contents. In the exceptional facts of this case, I am of the view that the petitioners can be permitted to take over the contents of the locker on conditions.

9. The writ petition is accordingly disposed of with the following directions:

(i) The petitioners shall produce legal heirship certificate in respect of the deceased Anandam G. Nair showing that they are the legal heirs of the deceased.

(ii) The petitioners shall also give appropriate undertaking/bond to the respondents undertaking that they will be liable and compensate the Bank against any future claims in this regard.

(iii) On the petitioners producing the legal heirship certificate and providing bond/undertaking to the satisfaction of the 2^nd respondent, the respondents shall break open the locker and permit the