Claim by non holder legal heirs on Bank Locker on 'E' of 'S' basis
2 years ago
I had a bank locker held with my mother on "Either of Survivor" basis. After my mother's demise, I surrendered the locker. My brothers are now demanding their share value of the locker's contents as legal heirs of my mother. They had approached the bank for listing out an inventory of the locker contents but the manager refused to entertain their demand. The bank held that I am the rightful owner of the locker as it was rented on 'E' or 'S' basis and no inventory needs to be made. Now my brothers are threatening legal action against me if I do not part with their share of the locker contents.
Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hello
If your mother has left a will and had mentioned that the content of locker would be divided among you and your brother then you'll have to share it with your brother otherwise not. Also the locker was rented on "Either or Survivor" basis that means the person surviving would be the owner of the of the locker after the death of other one. therefore you are the owner of that locker and the contents in it, you don't need to share it with your brother.
Thanks.
If your mother has left a will and had mentioned that the content of locker would be divided among you and your brother then you'll have to share it with your brother otherwise not. Also the locker was rented on "Either or Survivor" basis that means the person surviving would be the owner of the of the locker after the death of other one. therefore you are the owner of that locker and the contents in it, you don't need to share it with your brother.
Thanks.
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A.hello
The bank has act correctly on their part that your are the owner of the locker as it was rented on "either of survivor" basis and you don't need to disclose any content of that locker to your brother. But in case your mother has left a will and said that after her death the content of locker would be divided among you and your brother then in that case you'll have to share it with your brother otherwise not.
Thanks
The bank has act correctly on their part that your are the owner of the locker as it was rented on "either of survivor" basis and you don't need to disclose any content of that locker to your brother. But in case your mother has left a will and said that after her death the content of locker would be divided among you and your brother then in that case you'll have to share it with your brother otherwise not.
Thanks
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.As the mode of operation is “either or survivor”,therefore, only the surviving holder can be allowed to access the locker and remove the contents of the locker after the bank verifies the proof of death. Therefore,the Bank has done the right thing and you are not legally bound to disclose anything regarding the contents of that locker,until and unless your mother through Will specified the distribution of the contents of that locker.
Please take note that it is not necessarily that your mother's belongings were kept in that locker because you being the joint account-holder having operating that locker on "Either of Survivor" basis had every right to keep your precious jewellery or other precious utensils therein so until and unless your mother prior to her death through Will specified regarding the distribution of her precious movable assets kept in that locker, save and except you,nobody can claim any inventory of the locker contents nor can prove that the precious movable assets kept in that locker are exclusively of your mother for claiming Succession in that regard.
Please take note that it is not necessarily that your mother's belongings were kept in that locker because you being the joint account-holder having operating that locker on "Either of Survivor" basis had every right to keep your precious jewellery or other precious utensils therein so until and unless your mother prior to her death through Will specified regarding the distribution of her precious movable assets kept in that locker, save and except you,nobody can claim any inventory of the locker contents nor can prove that the precious movable assets kept in that locker are exclusively of your mother for claiming Succession in that regard.
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A.Dear Sir,
Just get the contents of locker because the Bankers are supposed to deliver such contents to you legally. You are brother may entitle for his share but he has to approach Civil Court and file a partition suit and prove the contents of the locker etc.
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Just get the contents of locker because the Bankers are supposed to deliver such contents to you legally. You are brother may entitle for his share but he has to approach Civil Court and file a partition suit and prove the contents of the locker etc.
Rate me Five Star*
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