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Kerala High Court
Thomas George Vettickat vs The Federal Bank Ltd on 18 December, 2025
2025:KER:97868
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
THURSDAY, THE 18TH DAY OF DECEMBER 2025 / 27TH AGRAHAYANA,
1947
WP(C) NO. 47159 OF 2025
PETITIONER:
1 THOMAS GEORGE VETTICKAT
AGED 50 YEARS
VETTICKAT HOUSE,
CHELLIOZHUKAM ROAD,
MANORAMA JUNCTION,
KOTTAYAM.,
PIN - 686001
2 THOMAS P. MAKIL
AGED 50 YEARS
MAKIL HOUSE,
K.K. ROAD,
COLLECTORATE P.O.,
KOTTAYAM .,
PIN - 686002
BY ADVS.
SHRI.UMASANKER U.U.
SHRI.JADEN MATHEW
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WP(C) No.47159 OF 2025
2
RESPONDENT:
THE FEDERAL BANK LTD.
KOTTAYAM/KANJIKUZHY BRANCH,
IPC PHILADELPHIA BUILDING,
K.K. ROAD,
KANJIKUZHY,
KOTTAYAM,
REPRESENTED BY THE ASSISTANT VICE PRESIDENT
AND BRANCH HEAD.,
PIN - 686004
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ORDERS
ON 18.12.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C) No.47159 OF 2025
3
JUDGMENT
1. The petitioners are two in number. They claim that they
are the nephews of one Sri. Raju Makil and that they are
the executors of the Ext.P1 Will executed by Sri. Raju
Makil. Sri. Raju Makil died on 16.04.2025, issueless.
Ext.P1 Will was executed in favour of several persons
with respect to the various deposits lying in different
Bank accounts and also other immovable properties. On
the death of the testator of Ext.P1 Will, the petitioners
approached the Banks mentioned in the Will, and except
for the respondent/Federal Bank, all other banks have
released the amounts lying in the deposit in the name of
the deceased to the account opened by the petitioners in
the South Indian Bank for distribution of the amounts in
accordance with the terms of the Will. The
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Respondent/bank issued Ext.P10, insisting on a
Declaration from the legal heirs of the deceased to the
effect that the Will is the last and final Will of the
deceased and the same was not cancelled or amended
during the life time of the testator and consenting the
Bank to act upon the Will and also the Legal Heirship
Certificate of the deceased/Family Membership
Certificate to confirm the details of the legal heirs of the
deceased. Hence, this Writ Petition is filed seeking
direction to the respondent to release the entire amount
lying in deposit with the Respondent bank mentioned in
Ext.P1 Will without insisting on the production of the
documents mentioned in Ext.P10.
2. The learned Senior Counsel for the petitioners,
Sri.P.Deepak pointed out Exts.P4, P5, and P6 Letters
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issued by SBI, South Indian Bank, and HSBC,
respectively, and also Ext.P7 by UN Federal Credit
Union, an International Establishment transferring the
amounts to the account opened by the Petitioners in
South Indian Bank relying on the said Will. It is
contended that the Petitioners are the nominees of the
deceased with respect to the deposits with the
Respondent. The learned Senior Counsel relied on the
decision of this Court in Ambily Jose v. Sub Registrar, Ekm.
[2025 (1) KHC 276], in which, in similar circumstances, the
executors were permitted to get release of the deposits
by giving an undertaking to indemnify the Bank therein,
which is the respondent herein.
3. The learned Standing Counsel for the respondent/Bank,
Sri.Mohan Jacob George, submitted that Ext.P10 was
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issued in compliance with the uniform policy adopted by
the Bank in accordance with the Guidelines issued by the
RBI. The conditions therein are made only to safeguard
the interests of all. The conditions could not be said to be
unreasonable or unwarranted.
4. I have considered the rival contentions.
5. There is no dispute regarding the execution of the Ext.P1
Will by Sri. Raju Makil and the death of Sri. Raju Makil.
There is no dispute that, as per Exts.P1, the Petitioners
are the executors of the Will. There is no dispute that the
testator died issueless and the Petitioners are the
nominees of the deposits of the testator available with
the Respondent. Ext.P1 Will is registered and is dated
26.05.2023. Exts.P4, P5 and P6 Letters issued by SBI,
South Indian Bank, and HSBC, respectively, and also
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WP(C) No.47159 OF 2025
Ext.P7 by UN Federal Credit Union would show that the
deposits available with those establishments in the name
of the testator are transferred to the account opened by
the Petitioners in the South Indian Bank for distribution of
the same among the legatees. Under these
circumstances and in view of the decision of this Court in
Ambily Jose (supra), I am of the view that the insistence of
the conditions mentioned in Ext.P10 is quite
unwarranted.
6. Accordingly, I allow this Writ Petition, directing the
respondent/Bank to release the amounts standing in the
account of the deceased Sri. Raju Makil which are
referred to in Ext.P1 Will to the account opened by the
petitioners in the South Indian Bank mentioned in Ext.P4
within a period of one month from the date of receipt of a
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copy of this judgment, after obtaining individual
Indemnity Bond from the petitioners undertaking to
indemnify the Respondent Bank in case of any claim
from any third party over the said deposits.
Sd/-
M.A.ABDUL HAKHIM
JUDGE
sms
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APPENDIX OF WP(C) NO. 47159 OF 2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF WILL EXECUTED ON 25.5.2023
AND REGISTERED AS REGISTERED DOCUMENT
NUMBER 249 OF 2023 IN BOOK NUMBER III
OF ERNAKULAM SUB REGISTRY
Exhibit P2 TRUE COPY OF THE DEATH CERTIFICATE
DATED 25.04.2025 ISSUED BY KARUKACHAL
GRAMA PANCHAYAT IN RESPECT OF RAJU
MAKIL
Exhibit P3 TRUE COPY OF CODICIL DATED 15.04.2025
EXECUTED BY RAJU MAKIL AND REGISTERED
AS REGISTERED DOCUMENT NUMBER 206 OF
2025 IN BOOK NUMBER III OF ERNAKULAM
SUB REGISTRY
Exhibit P4 TRUE COPY OF CERTIFICATE DATED
24.11.2025 ISSUED BY STATE BANK INDIA,
KALATHIPADY BRANCH, KOTTAYAM CERTIFYING
RELEASE OF THE DEPOSITS IN THE NAME OF
RAJU MAKIL WITH THEM TO PETITIONERS
Exhibit P5 TRUE COPY OF LETTER NO.BR/GEN/27/2025-
26 DATED 24.11.2025 ISSUED BY SOUTH
INDIAN BANK LTD., KOTTAYAM COLLECTORATE
JUNCTION BRANCH, KOTTAYAM CONFIRMING
RELEASE OF THE DEPOSITS IN THE NAME OF
RAJU MAKIL WITH THEM TO PETITIONERS
Exhibit P6 TRUE COPY OF LETTER DATED 24.11.2025
ISSUED BY HSBC BANK, ERNAKULAM
CONFIRMING RELEASE OF THE DEPOSITS IN
THE NAME OF RAJU MAKIL WITH THEM TO
PETITIONERS
Exhibit P7 TRUE COPY OF EMAIL DATED 23.9.2025 WITH
PAYMENT RECEIPT ATTACHED THEREWITH
ISSUED BY UNITED NATIONS FEDERAL CREDIT
UNION TO 1ST PETITIONER, RELEASING THE
AMOUNTS IN ONE OF THE ACCOUNTS IN THE
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NAME OF RAJU MAKIL WITH THEM TO 1ST
PETITIONER, ON CLOSURE OF THE ACCOUNT
IN THE NAME OF RAJU MAKIL
Exhibit P8 TRUE COPY OF EMAIL DATED 24.11.2025
WITH PAYMENT RECEIPT ATTACHED THEREWITH
ISSUED BY UNITED NATIONS FEDERAL CREDIT
UNION TO 1ST PETITIONER, RELEASING THE
AMOUNTS IN ANOTHER ACCOUNT WITH THEM IN
THE NAME OF RAJU MAKIL TO 1ST
PETITIONER, ON CLOSURE OF THE ACCOUNT
IN THE NAME OF RAJU MAKIL
Exhibit P9 TRUE COPY OF THE STATEMENT OF ACCOUNT
MAINTAINED BY PETITIONERS AS EXECUTORS
OF ESTATE OF RAJU MAKIL WITH SOUTH
INDIAN BANK LTD., KOTTAYAM COLLECTORATE
JUNCTION BRANCH, KOTTAYAM FOR THE
PERIOD FROM 30.5.2025 TO 24.11.2025
EVIDENCING THE RECEIPT OF THE AFORESAID
PAYMENTS
Exhibit P10 TRUE COPY OF EMAIL DATED 18.7.2025 TO
THE 2ND PETITIONER BY THE RESPONDENT;
TRUE COPY OF WHICH ALONGWITH A FORMAT
OF DECLARATION ATTACHED THEREWITH
Exhibit P11 TRUE COPY OF EMAIL DATED 21.7.2025 SENT
BY PETITIONERS TO RESPONDENT
Exhibit p12 TRUE COPY OF LEGAL OPINION DATED
19.7.2025 OF ADV.ASHOK B SHENOY
ATTACHED WITH EXHIBIT P11 EMAIL
Exhibit P13 TRUE COPY OF LETTER DATED 12.9.2025
SENT BY RESPONDENT TO ADV.ASHOK B
SHENOY
