Karnataka High Court
Mr Edwin L Castelino vs State Bank Of India on 22 April, 2024
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NC: 2024:KHC:16053
WP No. 1252 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA
WRIT PETITION NO. 1252 OF 2022 (GM-RES)
BETWEEN:
MR EDWIN L CASTELINO
S/O. LATE. CHARLES CASTELINO,
AGED ABOUT 69 YEARS
EXECUTOR OF THE LAST WILL
AND TESTAMENT OF
MRS.MARY MARGARET PINTO
ALSO KNOW AS MARY PINTO,
R/AT NO. 103, PLAMA HABITAT,
OPP. SACRED HEART SCHOOL,
KULSHEKAR, MANGALURU 575005,
DAKSHINA KANNADA DISTRICT,
TODAY AT BENGALURU
...PETITIONER
(BY SRI. VIVEKANAND ANTHONY BRITTO., ADVOCATE)
AND:
Digitally
signed by 1. STATE BANK OF INDIA
BHARATHI S
Location: A BANKING INSTITUTION CONSTITUTED
HIGH COURT UNDER THE STATE BANK OF INDIA ACT 1955,
OF
KARNATAKA LOCAL HEAD OFFICE,
ST. MARKS ROAD,
BENGALURU 560001.
REP BY ITS CHIEF GENERAL MANAGER
2. STATE BANK OF INDIA
A BANKING INSTITUTION CONSTITUTED,
UNDER THE STATE BANK OF INDIA ACT 1955,
CUSTOMER SERVICE DEPARTMENT,
CENTRAL OFFICE, MADAM CAMA ROAD,
NARIMAN POINT, MUMBAI 400021.
REP BY ITS GENERAL MANAGER
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NC: 2024:KHC:16053
WP No. 1252 of 2022
3. STATE BANK OF INDIA
A BANKING INSTITUTION CONSTITUTED
UNDER THE STATE BANK OF INDIA ACT 1955,
INTERALIA HAVING ITS SPECIALIZED
PERSONAL BANKING BRANCH,
ST. MARKS ROAD,
BENGALURU 560001.
REP BY ITS ASSISTANT GENERAL MANAGER
...RESPONDENTS
(BY SRI. ABHILASH R., ADVOCATE FOR R1 TO R3)
THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED
COMMUNICATION DTD 23.08.2021 ISSUED BY THE R-3 VIDE ANNX-
Q FOR PRODUCTION OF PROBATE OF THE WILL DTD 22.01.2000
DRAWN BY MRS.MARY MARGARET PINTO WILL DATED 22.01.2000
VIDE ANNX-B AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN
'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The present writ petition is filed seeking for the following reliefs:
i) issue a writ in the nature of certiorari to quash the impugned communication dated 23.08.2021 issued by the respondent No.3 vide Annexure-Q for production of probate of the Will dated 22.01.2000 drawn by Mrs.Mary Margaret Pinto as Annexure-B.
ii) issue a writ in the nature of mandamus directing the Respondent No.3 to consider the representation dated 09.09.2021 submitted on behalf of the Petitioner vide Annexure-R -3- NC: 2024:KHC:16053 WP No. 1252 of 2022 for disbursing the amounts standing in the name of late Mary Margaret Pinto Missionaries of Charity as per the wishes and in terms of the Will dated 22.01.2000;
iii) alternatively, direct the Respondents to forthwith disburse the amounts standing in the name of late Mary Margaret Pinto to Missionaries of Charity as per the wishes and in terms of the Will dated 22.01.2000 as Annexure - B without insistence of probate of the will dated 22.01.2000 of late Mary Margaret Pinto.
2. It is the case of the petitioner that one Mrs. Mary Margaret Pinto1 died on 07.01.2015 and has left behind a Will dated 22.01.2000, whereunder she has made the following bequests:
a) All amounts remaining in the fixed deposits with no nominee or otherwise and in my savings bank account in the State Bank of India2, 87 St. Marks Road, Bangalore-560001 are hereby bequeathed to the Missionaries of Charity, 54A, ACJ Bose Road, Calcutta -
7000016, West Bengal.
1 Hereinafter referred to as the 'deceased' 2 Hereinafter referred to as 'SBI' -4- NC: 2024:KHC:16053 WP No. 1252 of 2022
b) All amounts remaining in fixed deposits with no nominee or otherwise and in my savings bank account in Bank of Baroda, Johnnagar, Bangalore 560034 are hereby bequeathed to the Bombay Salesian Society, C/o Rev Fr.Joseph Casti, Trustee, Matunga, Mumbai - 400019.
c) All amounts remaining in fixed deposits with no nominee or otherwise and in my savings bank account in United Commercial Bank (UCO Bank) 350/cantt, Hosur Road, Koramangala, Bangalore- 560095 are hereby bequeathed to the little sisters of the poor, Home for the aged, 26, Hosur Road, Bangalore 560025.
3. It is the further case of the petitioner that the husband of the deceased viz., Joachim Benedict Mark Pinto and the petitioner who is the nephew of the deceased were individually and severally and the executors of the said Will dated 22.01.2000. That the husband of the deceased also died on 09.12.2003 and the deceased died on 07.01.2015.
4. It is the case of the petitioner that he had issued various communications as also got issued legal notice to the respondents for payment of monies held with the respondent- SBI to the Missionaries of Charity. However, the respondent - -5-
NC: 2024:KHC:16053 WP No. 1252 of 2022 Bank vide its letter dated 23.08.2021 has required the petitioner to produce a probate of the Will dated 22.01.2000 to enable payment of the said amount. It is the further case of the petitioner that the requirement of probate is no longer a mandatory one having regard to the notification dated 27.05.2022 wherein Section 213 of the Indian Succession Act, 19253 has been amended and it is no longer mandatory for the Indian Christian to obtain probate of the Will. It is further submitted that the amounts which were bequeathed by the deceased which were held in the Bank of Baroda and bequeathed to Bombay Salesian Society and the amounts in the UCO Bank (United Commercial Bank) which were bequeath to the Little Sisters of the Poor have been paid by the respective Banks.
5. Learned counsel for the petitioner has also filed a memo placing on record the Bank account details of the beneficiary i.e., the Missionaries of Charity. Learned counsel for the petitioner has also filed a memo dated 22.04.2022 whereunder it has placed on record the copies of the letter of indemnity, copies of the Demand Draft issued by the Bank of 3 Hereinafter referred to as the 'Act' -6- NC: 2024:KHC:16053 WP No. 1252 of 2022 Baroda and copy of the letter dated 29.08.2016 issued by the Bombay Salesian Society for having received the amounts from the Bank of Baroda. Hence he seeks for allowing of the writ petition and granting of the reliefs sought for.
6. Learned counsel for the respondent-Bank justifies the endorsement made. However, he submits that the Bank would comply with the order of the Court.
7. The submissions of the learned counsel for both the parties have been considered and the material on record have been perused. The question that arises for consideration in the present petition is 'Whether the respondents are to be directed to pay the amount as per the bequest made by the deceased in the Will dated 22.01.2000 to the Missionaries of charity?'
8. It is forthcoming from the aforementioned that the deceased has executed a Will dated 22.01.2000, whereunder certain bequests have been made in respect of the amounts held by her in the SBI, Bank of Baroda and UCO Bank. As noticed, the husband of the deceased and the petitioner are executors of the said Will. It is further forthcoming that the husband of the deceased also died on 09.12.2003. -7-
NC: 2024:KHC:16053 WP No. 1252 of 2022
9. It is relevant to note from the Gazette Notification dated 28.5.2002 that probate is no longer a mandatory requirement under law having regard to the amendment made to Section 213 of the Act. Hence, the communication issued by the respondents requiring the petitioner to obtain probate of the Will dated 22.01.2000 is untenable.
10. It is forthcoming that the Bank of Baroda pursuant to the bequests made in the Will dated 22.01.2000 has paid the amounts that were held in the name of the deceased to the beneficiary under the said Will after taking a letter of indemnity wherein the beneficiary has signed as a claimant and the petitioner who is an executor under the Will has signed as a surety. Hence, it is just and proper that with regard to the amounts of the deceased held with the Respondent - Bank also, a similar course of action be adopted. Hence the question framed for consideration is answered in the affirmative.
11. In view of the aforementioned, the following ORDER
i) Writ petition is partly allowed;
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NC: 2024:KHC:16053 WP No. 1252 of 2022
ii) The Respondent - State Bank of India is directed to transfer the amounts in its bank account that were held in the name of the deceased - Mary Margaret Pinto directly to the Bank account No.504010198005 held by Missionaries of Charity, at Kotak Mahindra Bank, 21 Hemant Basu Sarani, Kolkata - 700001 (IFSC Code - KKBK0006570) after the letter of indemnity is furnished by the beneficiary as well as the petitioner as has been done by the Bank of Baroda;
iii) Needful to be done by the respondent within a period of four weeks from the date of receipt of a copy of this order and the petitioner furnishing the letter of indemnity as ordered above.
SD/-
JUDGE BS List No.: 1 Sl No.: 17