In the absence of a nominee and presence of disputes among legal heirs, the court may direct a bank to open a deceased person's locker to prepare an inventory in the presence of all legal heirs to facilitate the distribution of assets.

Prayer :

Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 1st Respondent to permit the petitioner to open Locker No.564 (S.B.A./C No.453476529) held by the Petitioners father (late) Mr. N. Somasundaram maintained with the 1st Respondent Bank in the presence of all the legal heirs of (Late) Mr. N. Somasundaram to prepare a detailed inventory of all articles documents and valuables kept therein accordance with the RBI Rules and Regulations and thereafter to deal with or hand over the contents of the locker in accordance with law as this Hon’ble Court.

ORDER

The present Writ Petition has been filed seeking a direction to the 1st Respondent to permit the petitioner to open Locker No.564 (S.B.A./C No.453476529) held by the Petitioners father (late) Mr. N. Somasundaram maintained with the 1st Respondent Bank in the presence of all the legal heirs of (Late) Mr. N. Somasundaram to prepare a detailed inventory of all articles documents and valuables kept therein accordance with the RBI Rules and Regulations and thereafter to deal with or hand over the contents of the locker in accordance with law.

2. Mr.M.A.Abdul Wahab, learned counsel takes notice on behalf of the 1st respondent.

3. It is the case of the petitioner that his father namely N.Somasundaran had been maintaining a locker with the 1st respondent bank and he passed away on 29.05.2021. Subsequently, the petitioner’s mother also died on 04.07.2021 leaving behind the petitioner and his sisters/ 2nd and 3rd respondents. Thereafter, the petitioner had approached the 1st respondent seeking permission to open the locker which had been maintained by his father in order to ascertain the inventory kept inside the locker so as to facilitate distribution of the same among the legal heirs. In response to which, the 1st respondent had sought for consent from all the surviving legal heirs of the deceased along with all the requisite documents for opening the locker. Accordingly, the petitioner had addressed a letter dated 19.01.2026 to his sisters, pursuant to which, though the 3rd respondent had expressed her consent, the 2nd respondent had not come forward to give the consent by raising certain disputes and failed to co-operate with the opening of the locker. Therefore, the petitioner addressed a representation dated 12.02.2026 to the 1st respondent requesting permission to open the said locker in accordance with law as no nominee has been registered in respect of the same. However, the said representation has not elicited any response from the 1st respondent and therefore, in order to espouse the said cause, the present Writ Petition has been filed.

4. Learned counsel appearing for the petitioner submitted that, if the relief sought for by the petitioner is denied as to the opening of the locker maintained by his late father, the petitioner will be greatly prejudiced and therefore, this Court may issue necessary directions to the 1st respondent to open the locker in the presence of the petitioner as well as the respondents 2 & 3 and take the inventory so as to share the same among the legal heirs of the deceased.

5. Learned counsel appearing for respondents 2 & 3 have no serious objections to the said order being passed.

6. In view of the limited relief sought for in this Writ Petition, there shall be a direction to respondents 2 & 3 to appear before the 1st respondent within a period of two weeks from the date of receipt of a copy of this order. Upon their appearance, the 1st respondent is directed to open the locker which is claime