Kerala High Court
Savitha Prabhakar vs State Bank Of India on 19 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
FRIDAY, THE 19TH DAY OF FEBRUARY 2021 / 30TH MAGHA,1942
WP(C).No.1439 OF 2021(D)
PETITIONERS:
1 SAVITHA PRABHAKAR, AGED 84, HOUSE WIFE,
W/O.LATE PRABHAKARA PRABHU, PRABHU NIVAS, KARAKKAMURI
CROSS ROAD, ERNAKULAM, COCHIN-682011, REPRESENTED BY
POWER OF ATTORNEY HOLDER
SATISH NAYAK, S/O.M.V.NAYAK, AGED 55,
RESIDING AT 41/1444, VEEKSHNAM ROAD, COCHIN-682018.
2 DR.SHEELA SHENOY, AGED 70, DOCTOR, D/O.SARVOTHAM,
RESIDING AT 41, MORNING GLORY LANE, EDISON, NEW
JERSY, NJ088, USA,
REPRESENTED BY POWER OF ATTORNEY HOLDER
SATISH NAYAK, S/O.M.V.NAYAK, AGED 55,
RESIDING AT 41/1444, VEEKSHNAM ROAD, COCHIN-682018.
3 BEENA D.PRABHU, AGED 60, HOUSE WIFE,
W/O.LATE DILIP PRBHU,
RESIDING AT SREEPADAM, NETAJI NAGAR, ELAMKULAM,
COCHIN-682020,
REPRESENTED BY POWER OF ATTORNEY HOLDER
SATISH NAYAK, S/O.M.V.NAYAK, AGED 55,
RESIDING AT 41/1444, VEEKSHNAM ROAD, COCHIN-682018.
4 NIKKI D.PRABHU, AGED 24, D/O.LATE DILIP PRABHU,
RESIDING AT SREEPADAM, NETAJI NAGAR, ELAMKULAM,
COCHIN-682020,
REPRESENTED BY POWER OF ATTORNEY HOLDER
SATISH NAYAK, S/O.M.V.NAYAK, AGED 55,
RESIDING AT 41/1444, VEEKSHNAM ROAD, COCHIN-682018.
BY ADV. SRI.S.SHYAM
RESPONDENT:
STATE BANK OF INDIA
REPRESENETD BY THE BRANCH MANAGER, COCHIN BRANCH,
CALVATHY ROAD, FORT KOCHI, ERNAKULAM-682001.
BY ADVS. SRI.VIJU ABRAHAM
SMT.VARNA MANOJ
SRI.M.JITHESH MENON
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.1439 OF 2021 (D)
2
JUDGMENT
The petitioners claim to be the legal
representatives of one Sarojini B.Kamath, who
was holder of a Public Provident Fund account.
2. She died intestate in 2014 without
making any nomination. The sisters of her
husband approached the sub court, Kochi and
Ext.P2 Succession certificate was issued in
favour of M/s.Savitha Prabhakar and Vijaya
Prabhu. It is stated that Smt.Vijaya Prabhu
died in 2016, leaving behind her son Dilip
Prabhu and daughter Dr.Sheela Shenoy and she
had executed Ext.P3 will, bequeathing her
assets to Dilip Prabhu and Sheela Shenoy and in
that she had stated that the legal heirs of
Dilip Prabhu would be his wife Beena D.Prabhu
and daughter Nikki D.Prabhu, who are the
petitioners 3 and 4. In the meanwhile, Dilip
Prabhu died on 28.04.2020. Thereafter, the
power of attorney holder of the petitioners
WP(C).No.1439 OF 2021 (D)
submitted an application before the respondent
Bank claiming the amount under the Public
Provident Fund of the deceased Sarojini
B.Kamath on 27.05.2020. The Bank as per Ext.P7
letter dated 16.11.2020 directed the
petitioners to produce Succession Certificate.
3. The writ petition is filed thereafter
stating that the right of the petitioners over
the amount under PPF is evident from Ext.P2
Succession Certificate, Ext.P3 Will and Ext.P4
Letter of Administration, which Dilip Prabhu
and Sheela Shenoy had obtained. The petitioners
are seeking a direction to the respondent Bank
to disburse the amount lying in the PPF account
of Sarojini B.Kamath on the strength of the
Wills and Letter of Administration.
4. The respondent has filed a statement,
according to which, Rule 15 of Government
Savings Promotion General Rules provides that,
if the eligible amount in a deceased account is
above Rs.5 lakhs, amount shall be paid by the
WP(C).No.1439 OF 2021 (D)
Accounts Office to the claimant on the strength
of Succession Certificate issued by the court
along with Claim Form, Pass Book or deposit
receipt or statement of account in original and
Death certificate of the account holder.
5. Heard learned counsel for the
petitioner as well as the learned Standing
Counsel for the Bank.
6. According to the learned counsel for
the petitioners, petitioners 1 and 2 are aged
84 and 70 respectively and in case such
Succession Certificate is sought from the
court, it will take 6 to 9 months. It is also
his contention that documents Exts.P3, P4, etc
are sufficient for the Bank to act upon and to
disburse the amount.
7. At the same time, the learned counsel
for the respondent submits that the petitioners
did not take any effective action after the
death of the account holder in 2014 and even
after Letter of Administration was received
WP(C).No.1439 OF 2021 (D)
in 2018 till the death of Dilip Prabhu in 2020.
He also relies on the provisions contained in
the Government Savings Promotion Rules, 2018
which insists a Succession Certificate.
In the aforesaid circumstances, in the
light of Rule 15 relied on by the learned
Standing counsel for the Bank, I am of the
view that petitioners have to approach the Bank
in accordance with the rules. I do not find any
reason to issue any direction to the Bank in
this matter to relax the rules, under Article
226 of the Constitution of India.
The writ petition is accordingly
dismissed.
Sd/-
P.V.ASHA
JUDGE
WW
WP(C).No.1439 OF 2021 (D)
APPENDIX
PETITIONERS' EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF THE PASS
BOOK PERTAINING TO PUBLIC PROVIDENT FUND
ACCOUNT NO.30110156290 IN THE NAME OF
DECEASED SAROJINI B.KAMATH.
EXHIBIT P2 A TRUE COPY OF THE SUCCESSION CERTIFICATE
DATED 18.09.2015 ISSUED BY THE SUB COURT,
KOCHI.
EXHIBIT P3 A TRUE COPY OF THE WILL DATED 03.10.2015
EXECUTED BY LATE VIJAYA PRABHU.
EXHIBIT P4 A TRUE COPY OF THE LETTERS OF
ADMINISTRATION DATED 19.02.2018 ISSUED IN
LAOP NO.953/2017 OF THE DISTRICT COURT,
ERNAKULAM.
EXHIBIT P5 A TRUE COPY OF THE REGISTERED WILL OF LATE
DILIP PRABHU DATED 02.06.2012.
EXHIBIT P6 A TRUE COPY OF THE APPLICATION DATED
27.05.2020 SUBMITTED BY THE PETITIONERS
THROUGH THEIR POWER OF ATTORNEY HOLDER,
WITH THE ACKNOWLEDGMENT THEREON BY THE
RESPONDENT BANK DATED 28.05.2020.
EXHIBIT P7 A TRUE COPY OF THE LETTER DATED 16.11.2020
GIVEN BY THE BANK.
