Lalitha K.A vs Hfc Bank Ltd
2021 Latest Caselaw 7638 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

    THURSDAY, THE 04TH DAY OF MARCH 2021 / 13TH PHALGUNA, 1942

                       WP(C).No.3066 OF 2021(G)


PETITIONERS:

      1        LALITHA K.A.,
               AGED 75 YEARS,
               W/O.PARAMESHWARAN, THALIYEDATH HOUSE, PUZHAMBRAM,
               BIYYAM P.O, PONNANI, MALAPPURAM.

      2        VEENA S. RAVEENDRAN,
               AGED 39 YEARS,
               W/O.LATE DR.NISHEETH, THALIYADETH HOUSE, PUZHAMBRAM,
               BIYYAM P.O, PONNANI, MALAPPURAM.

      3        ADHITHYA T.NISHEETH,
               AGED 14 YEARS (MINOR), S/O. LATE DR.NISHEED,
               REP. BY MOTHER, NATURAL GUARDIAN,
               VEENA S.RAVEENDRAN, THALIYADETH HOUSE, PUZHAMBRAM,
               BIYYAM P.O, PONNANI, MALAPPURAM.

               BY ADVS.
               SRI.M.PROMODH KUMAR
               SMT.MAYA CHANDRAN

RESPONDENTS:

      1        HFC BANK LTD,
               DEPOSITORY SERVICES, EMPIRE PLAZA 1, 4TH FLOOR,
               LBS MARG, CHANDAN NAGAR, VIKHROLI (W), MUMBAI.

      2        THE BRANCH MANAGER,
               HDFC BANK LTD, (DEPOSITORY SERVICE DESK), 0671,
               SEEMAX TOWER, WEST NADAKKAVU, CALICUT.

               BY ADVS. SRI.P.BINNY JOSEPH
                        SRI.BASIL MATHEW

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION             ON
04.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.3066 OF 2021(G)

                                        2

                                  JUDGMENT

The petitioners are legal heirs of

late Dr.Nisheeth. There was a D-mat account

in the name of the deceased. There is a

housing loan also.

2. Petitioners wanted to reshedule the

loan account from out of the D-mat account.

It is stated that there is no nominee

registered by the deceased for any of these

accounts. Deceased father has submitted a

representation Ext.P5 before the 2nd

respondent requesting for transferring the

funds in the D-mat account to the 2nd

petitioner's D-mat account. But the 1st

respondent returned the said application as

per Ext.P6 letter stating that a Succession

Certificate/ Probate of Will/ Letter of

Administration or order from a court is

necessary, to process the application since

the valuation of holdings is above WP(C).No.3066 OF 2021(G)

Rs.5 lakhs. Petitioners point out that they

have got a legal heirship certificate Ext.P2

and since there is no objection from any

corner as against the transfer and they are

not in a position of remit the instalment

payment towards the loan account, the

transfer funds from the account of deceased

is extremely emergent.

3. The respondents have filed a

statement reiterating the contents of Ext.P6

letter stating that a Succession Certificate,

Letter of Administration, orders from the

court or Probate of Will of the deceased is

required for transferring, since the deceased

has not appointed any nominee.

4. I heard the learned counsel for the

petitioners as well as the learned Standing

Counsel for the respondent.

5. The monitory limits for which the

legal heirship certificate can be utilised WP(C).No.3066 OF 2021(G)

has been enhanced to a sum of Rs.5 lakhs.

Therefore there cannot be any difficulty for

the respondents to transfer a sum of Rs.5

lakhs from the D-mat account of the deceased

to the D-mat account of the 2nd petitioner.

If it is necessary, respondents can also get

an indemnity bond from the petitioners to

ensure the future claims.

Therefore Ext.P6 is set aside. There

shall be a direction to the respondents to

process the application Ext.P5 submitted by

the father of the deceased for transferring

the amount in D-mat account of the deceased

to that of 2nd petitioner as expeditiously as

possible, at any rate, within a period of two

weeks from the date of receipt of a copy of

the judgment.

               Accordingly,        the    writ     petition      is

     disposed of.                                  Sd/-

                                               P.V.ASHA
     WW                                         JUDGE
 WP(C).No.3066 OF 2021(G)






                            APPENDIX
PETITIONERS' EXHIBITS:

EXHIBIT P1             THE TRUE COPY OF THE DEATH CERTIFICATED OF

DR.NISHEETH ISSUED BY GREATER CHENNAI CORPORATION DATED 10.07.2019.

EXHIBIT P2 THE TRUE COPY OF THE LEGAL HEIRSHIP CERTIFICATE ISSUED BY TAHASILDAR, PONNANI DATED 02.11.2019.

EXHIBIT P3 THE TRUE COPY OF THE LOAN INTIMATION DATED 05.11.2019.

EXHIBIT P4 THE TRUE COPY OF THE STATEMENT OF THE DP ACCOUNT NO.04181851 OF DR.NISHEETH, ISSUED BY THE HDFC BANK LTD, DATED 15.11.2020.

EXHIBIT P5 TRUE COPY OF THE APPLICATION SUBMITTED TO THE 2ND RESPONDENT DATED 15.11.2020.

EXHIBIT P6 THE TRUE COPY OF THE LETTER ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT DATED 05.12.2020.