HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9111 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the petitioner, Sri Manu Dixit, learned counsel for respondent no.2 and Sri Arvind Kumar, Advocate, who has filed his Memo of Appearance today on behalf of respondent no.1, which is taken on record. 2. This petition has been filed with the following main prayer:- "i. Issue a Writ, order or direction in the nature of Mandamus directing and commanding the respondent No.2 to release the amount/funds deposit in saving bank account no-35080100019374 IFSC: BARBOBAKLUC at the Bank of Baroda in favour of petitioner as being a nominee." 3. It is the case of the petitioner that he is a joint account holder and also nominee of his uncle Ram Shankar, who died on 22.10.2022. His uncle was the owner of several properties as well as an account holder in Bank of Baroda, Bakshi Ka Talab Branch, Lucknow. The petitioner had informed the Bank several times in writing that his uncle had died and money should be transferred in the account of the petitioner as he is the nominee. However, the Bank is not taking necessary action and, therefore, this petition has been filed. 4. Sri Manu Dixit, learned counsel for the Bank, on the basis of instructions, states that the uncle of the petitioner Ram Shankar was an illiterate person and the petitioner had wrongly filled up the form making Versus Counsel for Petitioner(s) : Amit Kumar Gaur Counsel for Respondent(s) : A.S.G.I., Prashant Kumar Srivastava Rishabh Pandey .....Petitioner(s) U.O.I. Thru. Secy. Ministry Of Finance Deptt. Of Financial Services New Delhi And Another .....Respondent(s) himself as a joint holder of such an illiterate person. He submits that as per the Banking Guidelines, only the wife, sons, daughters, parents, brothers and unmarried sisters, i.e., immediate blood relatives, can be made joint account holder of an illiterate person, therefore, the Bank has asked the petitioner to produce a Succession Certificate. 5. This writ petition is disposed of with a direction to the petitioner to file a suit under the Indian Succession Act. September 16, 2025 Sachin WRIC No. 9111 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench