Prove succession to withdraw money: Bombay HC

Mumbai: The Bombay high court has rejected a petition filed by a grandson, asking for directions to the bank to allow him withdraw money from his deceased grandmother’s account.

The petitioner said that his grandmother had specifically bequeathed him in her will and hence, it was not binding on him to provide a succession certificate to the bank.

The court while rejecting the petition observed that the petitioner was not a natural heir of his grandmother and was not a nominee in her bank account and so, calling for a succession certificate was valid and as per the law.

A division bench of justice Abhay Oka and justice A.K. Menon was hearing the petition filed by one Amol Patil. According to Patil, his grandmother Shevantabai had prepared her will in 2007 and given him rights to the money she deposited in two banks.

She died in February 2014 before Patil could approach the banks and make an application for withdrawing money from her account. The banks sought a succession certificate from him. Patil’s lawyer argued that according to the Succession Act 1925 and a high court order, there was no need to produce a succession certificate in the banks.