1. Joint holders of a fixed deposit seek disbursement of a bequeathed share, contested by other joint holders who initiate parallel civil litigation regarding the validity of a will. (Para 2 )
Back
Next 
2026 Supreme(Online)(Ker) 74886
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Viju Abraham, J
Sasidharan N. – Appellant
Versus
Co-operative Urban Bank Ltd. No. 1909 – Respondent
WP(C) NO. 25213 OF 2026
Important Points
A claimant to a joint fixed deposit is entitled to the release of their independent share, but any additional claim based on a contested Will must await the final adjudication of the corresponding civil suit.
Subject
Civil - Banking and Succession
Headnote
(A) Banking and Co-operative Societies - Joint Fixed Deposits - Release of funds - Where a dispute exists regarding the validity of a Will bequeathing a share of a joint deposit, the bank is justified in withholding funds subject to the outcome of a civil suit, provided that the independent share of the claimant is released. (Para 4)
(B) Civil Law - Testamentary Succession - Conflict over Will - When the veracity of a Will is challenged in a pending civil suit, the claims based on such Will are subject to the adjudication of the competent civil court. (Para 3, 4)
Issues: Whether the petitioner is entitled to the release of 3/6th share of a joint fixed deposit based on a disputed Will while a civil suit is pending.
(B) Civil Law - Testamentary Succession - Conflict over Will - When the veracity of a Will is challenged in a pending civil suit, the claims based on such Will are subject to the adjudication of the competent civil court. (Para 3, 4)
Issues: Whether the petitioner is entitled to the release of 3/6th share of a joint fixed deposit based on a disputed Will while a civil suit is pending.
Legal Category Hierarchy
Advocates:
For the Appellants/Petitioners: Vishnu Bhuvanendran, B. Anusree, Noyal Johny, Alvin Alias John
For the Respondents: Swapna Vijayan, Nanma. B., Ameena R
For the Appellants/Petitioners: Vishnu Bhuvanendran, B. Anusree, Noyal Johny, Alvin Alias John
For the Respondents: Swapna Vijayan, Nanma. B., Ameena R
Table of Contents
VIJU ABRAHAM, J.
.................................................................
W.P.(C) No.25213 of 2026 .................................................................
Dated this the 13th day of November, 2026
JUDGMENT
Petitioner has approached this Court seeking a direction to the 1st respondent to release and disburse to him the 3/6th share of the amount lying in the joint fixed deposit bearing account No.28445/h maintained with the 1st respondent society.
2. Petitioner along with respondents 3 to 5 and their deceased parents were the joint holders of a fixed deposit maintained with the 1st respondent co-operative society bearing account No.14020/H. Petitioner’s parents passed away and the parents had executed Ext.P5 Will bequeathing their share in the joint fixed deposit in favour of the petitioner. On the basis of the same, it is the contention of the petitioner that he is entitled to get 3/6th share of the amount lying in the joint fixed deposit and respondents 3 to 5 are entitled to receive 1/6th share each. When the petitioner approached the 1st respondent society for release of his rightful 3/6th share of the amount in the joint fixed deposit, the society refused to release the amount on the sole ground that since the deposit stood in the joint name, written consent/signature of all the surviving joint holders are mandatorily required before any disbursement is made.
3. A counter affidavit has been filed by respondents 3 to 5 contending that they are objecting Ext.P5 Will executed in favour of the petitioner and they have filed O.S.No.435 of 2026 before the Munsiff Court, Kottarakkara and the veracity of the Will, etc. is to be decided in the said civil suit. An additional affidavit is filed on 30.10.2026, wherein respondents 3 to 5 have stated that they have no objection to the release of petitioner’s independent 1/6th share in the joint fixed deposit.
4. Learned counsel appearing for the respondent bank submits that since it is a joint fixed deposit, consent from all the surviving claimants is to be obtained before releasing the said amount and further that a civil suit is pending as O.S.No.435 of 2026 challenging the veracity of Ext.P5 Will.
The claim of the petitioner is for 3/6th share of the amount lying in the joint fixed deposit bearing account No.28445/h, but out of the 3/6th share, 2/6th share is obtained by the petitioner based on Ext.P5 Will, which is the subject matter in the civil proceedings filed as O.S.No.435 of 2026. Therefore, at this stage, petitioner can claim release of only 1/6th share of the amount lying in joint fixed deposit bearing account No.28445/h maintained with the 1st respondent society.
Respondents 3 to 5, who are the other claimants, submit that they have no objection in releasing the independent share available to the petitioner. Taking into consideration the above facts and circumstances, I am inclined to dispose of the writ petition directing the 1st respondent bank to release and disburse to the petitioner his 1/6th share of the amount lying in fixed deposit bearing account No.28445/h maintained with them, without any delay at any rate, within a period of two weeks from the date of receipt of a copy of the judgment and the claim of the petitioner for release of the balance 2/6th share will be subject to the decision to be taken in O.S.No.435 of 2026 pending before the Munsiff Court, Kottarakkara.
Writ petition is disposed of as above.
