A succession certificate is required to operate a jointly held bank locker when the owners die intestate, and consent from legal heirs is essential for granting the certificate.

O R D E R

This petition has been filed under Section 372 of the Indian Succession Act, 1925 and under Order XXV Rule 6 of Original Sides Rules for grant of succession certificate in the matter of certain debts of Sulochana Thakur @ Sulakshini.P and A.Pushpa @ Pushpa Amarlal. They married brothers and thereby are co-sisters by relation. During their lifetime, they jointly purchased a property at Sowcarpet and the original title document was kept in the SBI Bank locker at Elephant Gate Branch and been jointly operated by them. Sulachana Thakur @ Sulakshini died on 06/05/2010 and A.Pushpa died on 21/05/2022. They both died without executing Will. To get the original document, the locker has to be opened and for that purpose, the bank has insisted for Succession Certificate, hence this petition jointly by all the legal heirs of the two deceased persons died intestate to grant succession certificate to the first and thirteenth petitioner.

2. The petitioners 1 to 12 are the legal heirs of Sulachana Thakur @ Sulakshini. The petitioners 13 to 15 are the legal heirs of A.Pushpa @ Pushpa Amarlal. The legal heirs of Sulachana Thakur @ Sulakshini.P who are arrayed as petitioner 1 to 12 have given their consent affidavit in favour of the first petitioner. Likewise, the legal heirs of A.Pushpa had given their consent affidavit in favour of the 13th petitioner. The Branch Manager of the SBI, Elephant Gate Branch had informed that A.Pushpa Amarlal and Sulakshini.P bearing locker No:C2-8, SDV No:49001594097 having locker facility since 1998. They have not appointed nominee for the locker. Hence for proceeding further, succession certificate for both the locker hirers required.

3. Mothilal P.Thakur the first petitioner is examined as P.W-1. The following documents are marked on behalf of the petitioners.

4. Ex.P-1 the photocopy of the sale deed dated 13/03/1970 is a registered document at SRO, Sowcarpet as document No:1/198. Pahalraj and Mr.Amarlal both sons of Gobindram are the purchasers. Ex.P-2 is the death certificate for Sulochana Thakur W/o.Pahalraj who died on 06/05/2010. Ex.P-3 is the legal heir certificate for Sulochana Thakur showing petitioner 1 to 12 as her children and her husband Pahalaj deceased. Ex.P-4 is the death certificate of A.Pushpa who died on 21/05/2022. Ex.P-5 the legal heir certificate of Pushpa W/o.Amarlal. It shows she had left behind a daughter by name, D.Vandana and a predeceased son by name A.Vijayakumar. Ex.P-6 is the death certificate of A.Vijayakumar which shows he died on 09/10/2014. Ex.P-7 the legal heir certificate for A.Vijaykumar indicates he left behind his wife V.Heera and a daughter by name V.Shilpa. Thus, the petitioners 1 to 12 as sons and daughters of Pahalaj and Sulochana Thakur. The 13th petitioner as the daughter of Amarlal – A.Pushpa @ Pushpa Amarlal. 14th petitioner as wife of the predeceased son of A.Pushpa @ Pushpa Amarlal and the 15th petitioner as daughter of the predeceased son Vijayakumar been arrayed as parties and the consen