Allahabad High Court
Hardeep Singh vs Union Of India And Another on 24 April, 2024
Author: Saumitra Dayal Singh
Bench: Saumitra Dayal Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:72399-DB Court No. - 39 Case :- WRIT - C No. - 13354 of 2024 Petitioner :- Hardeep Singh Respondent :- Union Of India And Another Counsel for Petitioner :- Dilip Kumar Singh Counsel for Respondent :- A.S.G.I.,Anadi Krishna Narayana Hon'ble Saumitra Dayal Singh,J.
Hon'ble Donadi Ramesh,J.
1. Heard Shri Dilip Kumar Singh, learned counsel for the petitioner and Shri Ajal Krishan, learned counsel for the Bank.
2. At present the bank has refused to honour the nomination claimed by the petitioner (in his favour) in the joint account No.37830100006237 for reason of that nomination form signed by one of the two joint account holders namely Mr. Haribhajan Singh. Undeniably, the other joint account holder Mrs. Surjeet Kaur did not sign that nomination form. Thus, she did not make nomination in favour of any person.
3. Section 45ZA of the Banking Regulation Act, 1949 being a provision to allow a nominee to receive the money for and on behalf of those who may succeed to it in law, unless due nomination is seen to first exist, that provision of law cannot be invoked.
4. Thus, we find no error in the approach adopted by the bank in rejecting the claim of the petitioner, at this stage.
5. Accordingly, the writ petition is dismissed leaving it open to the petitioner to apply for succession in accordance with law. Subject to issuance of Succession Certificate, the petitioner would remain entitled to receive the money notwithstanding this order impugned in the present petition.
Order Date :- 24.4.2024/A Gautam (Donadi Ramesh,J.) (S.D. Singh,J.)