HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No. 20314 OF 2025

O R D E R:

Petitioner claims that his sister Smt. Mairaj Sultan @ Mairaj Sultana Begum holds savings Bank Account No.1102137273 with CENTRAL BANK OF INDIA, Nampally Branch, Hyderabad - Respondents 1 and 2. She died on

07.06.2019 at her residence in Hyderabad.

1.1. It is stated, petitioner’s deceased sister was initially married to Late Moin Nawaz Khan who died on 11.4.2011, therefore, she contracted second marriage at 77 with one Syed Hadi Ali, who deserted her later and went to U.S.A and lived there with his 1st wife and completely neglected the deceased Mairaj Sultan. Thereafter, it is claimed, petitioner took care of her; bore all the expenditure including medical expenditure and also performed her last rites. It is learnt that the second husband of the deceased, Syed Hadi also died in U.S.A. as he was above 90 years at the time of marriage with Late Mairaj Sultan, so deceased died issueless.

1.2 During her life time, Mairaj Sultan executed a Hiba Nama dated 05.01.2018 confirming the oral Hiba dated 04.08.2017 and petitioner also accepted the oral Hiba and took possession of all the movable and immovable properties mentioned in Hiba Nama belonging to the deceased sister. Under the said Hiba Nama, Mairaj Sultan gifted a flat at Red Hills, Hyderabad and other movables such as Car, Gold, etcetera as also money lying in her savings Bank Account No.1102137273 with CENTRAL BANK OF INDIA, Nampally Branch, Hyderabad amounting to Rs. 34,00,000/- in favour of petitioner in lieu of services rendered by her at the fag end of her life. However, petitioner's younger brother namely Mirza Ayub Khan falsely claimed flat at Red Hills. He therefore, filed O.S.No. 664 of 2022 on the file of III Junior Civil judge, City Civil Courts against his brother in respect of the said flat. The said matter was settled amicably before the Lok Adalat and an Award was passed in LAC No.322/2023 dated 16.02.2023. In the said Award, Mirza Ayub Khan admitted execution of Hibanama dated 05.01.2018 in favour of petitioner and waived of his rights in the above said flat and other movables belonging to Miraj Sultan. Thereafter, petitioner is stated to have approached the 1st respondent and showed him Hibanama and requested to transfer the amounts lying in the account of Miraj Sultan to his account. The 1^st respondent refused to release the said amount as no nominee is mentioned in the Bank account and requested to furnish succession certificate or legal heir granted by a competent court for withdrawal of the said amount. Under the above circumstances, petitioner filed S.O.P. No. 18 of 2024 on the file of the I Senior Civil Judge, City Civil Courts, Hyderabad under Section 372 of the Indian Succession Act, 1925, seeking to grant succession declaring him as legal heir and successor of Mairaj Sultan Mairaj Sultana Begum and entitled for Rs.34,00,000/- lying in the savings Bank Account of respondent bank. The civil Court allowed the O.P. and issued Succession Certificate by order dated 20.02.2025. He obtained certified copy of the order and approached the respondent bank on 12.03.2025. However, the 1^st respondent failed to comply with the court orders.

1.3. Petitioner states that he is an octogenarian and he submitted another representation by way of legal notice dated 26.05.2025, followed by representation dated 12.06.2025 to release the amounts. However, the 2^nd respondent issued Letter dated 16.06.2025 informing that bank received one claim petition vide OP.No. 66 of 2025 filed by one Mirza Muzaffer Mohammed claiming that he is the relative of deceased late Syed Hadi Ali and that the bank received summons, hence is unable to decide the original legal heir of deceased and after deciding OP No.66 of 2025 the bank would pay the claim amount as per the orders of the Court. After receiving the reply, petitioner approached Respondent No.2 and informed that Succession Certificate issued by the Court is con