IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 12TH OCTOBER 2010 / 20TH ASWINA 1932 WP(C).No. 12547 of 2009 (K) -------------------------- PETITIONER: ------------------ SESHADRINATH SHARMA, VYASA SIVASAKTHI, VALIYACHALAYIL STREET, THIRUVANANTHAPURAM. BY ADV. SRI.R.KRISHNA RAJ VS RESPONDENT: -------------------- THE CHIEF MANAGER, STATE BANK OF INDIA, CENTRALIZED PENSION PROCESSING CENTRE, GANAPATHY KOVIL ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM. ADDL.R2 TO R4 IMPLEADED ADDL.R2. K.RAMAKRISHNA SHARMA, DESIGN ENGINEER, PIPING DIVISION, M/S.TECHNIS GEO PRODUCTION, P.O. BOX 7657, ABUDABI, U.A.E. R3. DR.K.VISHNU VAGEESA SHARMA, M/S.NEW MEDICAL CENTRE, ABUDHABI, U.A.E., P.B. NO.6222. R4. MRS.K.GIRIJA BALA, C/O.DR.S.SAI KUMAR, M/S.GIRIDHAR EYE HOSPITAL, KADAVANTHARA, KOCHI 20. IMPLEADED AS PER ORDER DT.11.6.09 IN IA. 6929/2009. BY ADVS. SRI.K.K.CHANDRAN PILLAI STANDING COUNSEL,SBI . THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/10/2010, THE COURT ON 12/10/2010 DELIVERED THE FOLLOWING: VK WP(C).No. 12547 of 2009 (K) ---------------------------------------- APPENXID PETITIONER'S EXHIBITS EXHIBIT P1. COPY OF THE WILL EXHIBIT P2. COPY OF THE STATEMENT GIVEN BY THE BANK. EXHIBIT P3. COPY OF THE LEGAL NOTE. EXHIBIT P4. COPY OF THE LETTER EXHIBIT P5. COPY OF THE DEATH CERTIFICATE RESPONDENTS EXHIBITS : NIL P.S. TO JUDGE / TRUE COPY / VK T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.12547 Of 2009 ----------------------------------------------------- DATED THIS THE 12th DAY OF OCTOBER, 2010 J U D G M E N T The petitioner is the son of late Shri R.Krishna Iyer. The prayer in the Writ Petition is for a direction to the respondent- Bank to disburse the pensionary benefits of the deceased father of the petitioner with interest at appropriate rate. The petitioner's late father was in Government service. Before his death, he had executed a registered 'will'. He bequeathed all money and movables properties to the petitioner. Exhibit P1 is the copy of the 'will'. The petitioner approached the respondent for release of the amount by producing a copy of the 'will'. The only objection taken as evidenced from Exhibit P3 is that only a probated 'will' is accepted as proper legal representation. 2. The learned counsel for the petitioner submitted that insistence of probated will is unnecessary in the light of the Amendment of the Act. It is pointed out that even going by Exhibit P3, the authorities have taken a view that it is unnecessary to probate the 'will'. But they are insisting for such a formality on the laid down instructions of the Bank. A reading W.P.(C)No.12547/09 -2- of Exhibit P3 shows that the bank was of the view that though it is not legally mandatory to probate a 'will' executed in State of Kerala by virtue of the Indian Succession Act, in view of the laid down instructions of the bank, it is advisable to insist for the probate of the 'will' before making the payment on the basis of the 'will'. 3. There cannot be any dispute that instructions of the Bank cannot supercede statutory instructions. In that view of the matter, the said objection cannot be accepted. 4. There will be a direction to the respondent-bank to release the amount along with the accrued interest within a period of three weeks from the date of production of a copy of this judgment. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE. dsn