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2025 DAILYLAW 46725 (ALL)

AMITABH SHUKLA v. STATE OF U.P. AND ANOTHER

WRIC/12777/2025 · 2025-04-27

Avnish Saxena, Saurabh Dwivedi Registrar J Cpc

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:65614-DB Court No. - 39 Case :- WRIT - C No. - 12777 of 2025 Petitioner :- Amitabh Shukla Respondent :- State of U.P. and Another Counsel for Petitioner :- Dharmendra Kumar Mishra,Indresh Chandra Counsel for Respondent :- Anadi Krishna Narayana,C.S.C.,Vaibhav Tripathi Hon'ble Arindam Sinha,J. Hon'ble Avnish Saxena,J. Mr. Dharmendra Kumar Mishra, learned advocate, appears on behalf of petitioner and submits, there be interference and quashing of letter dated 30th November, 2024 issued by respondent no. 2 (the Bank) requiring succession certificate and other documents from his client as condition precedent to disburse money in the account, jointly held by the deceased and his client. Mr. Vaibhav Tripathi, learned advocate appears on behalf of the Bank and submits, the account was 'joint operation'. It was held by petitioner and his maternal grandmother, since deceased. Petitioner's mother along with his aunt visited the Bank and claimed share in the money lying deposited in the account. Hence, his client requires succession certificate, no objection and other documents from petitioner. There be no interference. Joint operation of an account ceases when one of the account holders is no more. Money lying in the account thus may have claimants other than petitioner. This is because petitioner's mother and aunt are claiming as heirs of his maternal grandmother. Petitioner can either comply with the requisitions in said letter dated 30th November, 2024 or furnish proof of the deposit or part thereof as made by him, from his own sources of income. In event petitioner proves letter, the Bank upon satisfaction may disburse such amount as proved by him to have been deposited from his own sources of income. In doing so the Bank will take petitioner's mother and aunt into confidence. The writ petition is disposed of. Order Date :- 28.4.2025 NSC (Arindam Sinha, J.) (Avnish Saxena, J.) Digitally signed by :- NARENDRA SINGH CHAUDHARY High Court of Judicature at Allahabad