Kerala High Court
Renjan Joseph Mathew vs The Chief Post Master General on 26 May, 2017
Author: P.B.Suresh Kumar
Bench: P.B.Suresh Kumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
WEDNESDAY, THE 5TH DAY OF JULY 2017/14TH ASHADHA, 1939
WP(C).No. 19395 of 2017 (Y)
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PETITIONER:
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RENJAN JOSEPH MATHEW,
AGED 66 YEARS,S/O.CMJ MATHEW,CHERUTHOTTATHIL HOUSE,
H NO.4/660,KOLLAMKUDIMUGAL ROAD,NR.BHARATHA MATHA
COLLEGE,THRIKAKKARA.P.O,KANAYANNOOR TALUK,
ERNAKULAM DISTRICT,KERALA.
BY ADVS.SRI.JOHNSON GOMEZ
SRI.S.BIJU (KIZHAKKANELA)
RESPONDENT(S):
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1. THE CHIEF POST MASTER GENERAL,
KERALA CIRCLE,THIRUVANANTHAPURAM-695033.
2. THE ASST. DIRECTOR(P.M.U)OFFICE OF THE CHIEF POST MASTER
GENERAL,KERALA CIRCLE,THIRUVANANTHAPURAM-695033.
3. SENIOR,
SUPERINTEND OF POST OFFICE,ERNAKULAM DIVISION,
KOCHI-682001.
4. THE SUB POST MASTER,
EDAPPALLY POST OFFICE, ERNAKULAM-682024.
BY SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 16-06-2017, THE COURT ON 5.07.2017 DELIVERED THE
FOLLOWING:
K.V.
WP(C).No. 19395 of 2017 (Y)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 A TRUE COPY OF THE PASS BOOK ISSUED TO THE 4TH
RESPONDENT TO THE PETITIONERS DECEASED MOTHER.WITH
RESPECT TO ACCOUNT NO.9127938001
EXHIBIT P2 A TRUE COPY OF THE LETTER DATED 26//05/2017 ISSUED BY
THE 4TH RESONDNET
EXHIBIT P3 A TRUE COPY OF THE CERTIFICATE NO.6128/2015 DATED
24/04/2015 ISSUED BY THE REGISTRAR OF BIRTH CENTRE
KALAMASSERY MUNICIPALITY
EXHIBIT P4 A TRUE COPY OF THE DEATH CERTIFICATE NO.D0021245-
1206222 DATED 17/11/2015 ISSUED BY THE REGISTRAR OF
BIRTH CENTRE THRIKKAKKARA MUNICIPALITY
EXHIBIT P5 A TRUE COPY OF THE REGISTERED WILL 31 OF 2004 OF
TRIKKAKARA SUB REGISTRAR OFFICE
EXHIBIT P6 A TRUE COPY OF THE RELATIONSHIP CERTIFICATE NO.3247/15
DATED 28/10/2015 ISSUED BY THE VILLAGE OFFICER
VAZHAKKALA
EXHIBIT P7 A TRUE COPY OF THE E-MAIL DATED 19/05/2015 ISSUED BY
THE 3RD RESPONDENT
EXHIBIT P8 A TRUE COPY OF THE EMAIL DATED 6TH JANUARY 2017 ISSUED
BY THE SECOND RESPONDENT TO THE PETITIONER
EXHIBIT P9 A TRUE COPY OF THE MARRIAGE CERTIFICATE
DATED 11.10.1987 ISSUED BT ST.THOMAS MZAR THOMA
CHURCH.
RESPONDENT(S)' EXHIBITS NIL
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/TRUE COPY/
P.S.TO JUDGE
K.V.
P.B. SURESH KUMAR, J.
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W.P.(C) No.19395 of 2017
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Dated 5th day of July, 2017
J U D G M E N T
The parents of the petitioner have executed Ext.P5 joint open Will bequeathing their entire assets to the petitioner, who is their only son. The parents of the petitioner are no more. The mother of the petitioner had a Post Office Savings Bank account. On the death of the parents, the petitioner made a claim for the amounts standing to the credit of his deceased mother in the said account, on the strength of Ext.P5 Will. The petitioner was issued Ext.P7 communication in response to the said claim. As per the said communication, the petitioner was directed to produce succession certificate/letter of administration with attested copy of probated Will, in addition to the death certificate and pass book, for releasing the amounts in the account. The said stand of the third respondent WPC No.19395 of 2017 2 has been reiterated by the second respondent in Ext.P8 communication. Exts.P7 and P8 communications are under challenge in this writ petition.
2. Heard the learned counsel for the petitioner as also the learned Central Government Counsel.
3. The petitioner has produced the death certificate of his mother and the pass book of the account maintained by his mother before the third respondent for release of the amounts. The grievance of the petitioner concerns the stand taken by the respondents that the amounts can be released only on production of succession certificate or letter of administration with attested copy of probated Will. The specific case of the petitioner is that a succession certificate under Section 370 of the Indian Succession Act ('the Act') cannot be applied for and obtained in respect of a debt or security to which a right is required to be established by letters of administration or probate under Sections 212 or 213 of the Act. It is his case that in so far as a Will has already been executed WPC No.19395 of 2017 3 by the deceased, the competent authority is bound to release the amount to the legatee based on the Will. According to the learned counsel, by virtue of the provisions contained in the Indian Succession (Kerala Amendment) Act, 1996, Indian Christians are exempted from the provisions contained in sub- section (1) of Section 213 of the Act which provides that no right as executor or legatee can be established in any Court of Justice, unless a Court of competent jurisdiction in India has granted probate of the Will under which the right is claimed, or has granted letters of administration with the Will or with a copy of an authenticated copy of the Will annexed. In other words, as far as the legatees under the Wills executed by Indian Christians are concerned, according to the learned counsel, the competent authority have to act upon the Will.
4. As rightly pointed out by the learned counsel for the petitioner, a succession certificate cannot be applied for by the petitioner in respect of the debt referred to in the writ petition as the deceased had already executed a Will in respect of the same. The requirement to obtain probate for Wills does WPC No.19395 of 2017 4 not apply to Indian Christians, in the light of Indian Succession (Kerala Amendment) Act, 1996. In the circumstances, no authority can insist that the legatees under the Will have to obtain probate for the same, for the purpose of claiming the benefits under it. True, Will not being a compulsorily registrable document, the authorities have to act upon even on unregistered Wills, though the Will in the instant case is a registered one. In the circumstances, the authorities can obtain an indemnity bond also from the party concerned by way of abundant caution, to the effect that in the event of a rival sustainable claim, the loss caused to the authorities shall be recouped.
In the said view of the matter, the writ petition is allowed, directing the respondents to release the amount standing to the credit of the deceased mother of the petitioner in her Post Office Savings Bank Account referred to in the impugned communications to the petitioner, on the petitioner executing an indemnity body as indicated in paragraph 4 above. This shall be done within one month from the date of WPC No.19395 of 2017 5 receipt of a copy of this judgment.
Sd/-
P.B. SURESH KUMAR JUDGE tgs (true copy)