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2025 DAILYLAW 108613 (ALL)

SMT KAVITA v. State of UP AND ANOTHER

WRIC/39846/2024 · 2025-01-27

Ashwani Kumar Mishra, Donadi Ramesh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:13986-DB Court No. - 29 Case :- WRIT - C No. - 39846 of 2024 Petitioner :- Smt Kavita Respondent :- State of U.P. and Another Counsel for Petitioner :- Vishnu Kant Tiwari Counsel for Respondent :- C.S.C.,Satish Chaturvedi Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Grievance is that though the petitioner is the nominee in the bank account maintained by her mother, who had taken petitioner in adoption, yet the amount is not being released even after the death of the account holder. Learned counsel for the Bank states that a succession suit has been instituted by the husband of the deceased, on account of which, the disbursement of amount is withheld. Law is settled that release of amount in favour of the nominee is in capacity of the trustee of the account holder. In the event, anyone else is claiming the amount, it is always open for such person to approach the competent Civil Court and obtain necessary orders. For such reason, the bank cannot indefinitely withhold the release of the amount to the nominee. In such circumstances, and in view of settled position of law, noted above, we dispose of this petition with direction upon the concerned Bank Manager to take appropriate decision on the petitioner's application for release of amount in favour of the nominee, after notice to other claimants, within a period of four weeks. Unless, there is a legal hindrance, release of amount to the nominee would be ensured. Order Date :- 27.1.2025 Noman Digitally signed by :- NOMAN AHMAD High Court of Judicature at Allahabad