When
an individual passes away leaving behind a bank locker, family members are
often confronted with the practical and legal challenge of gaining access to
it. A widespread but mistaken belief is that a Succession Certificate issued under Section 372 of the Indian
Succession Act, 1925 is sufficient to access and operate such a locker.
However, settled legal principles and binding judicial precedents clarify that
this is not the case. In particular, the Hon’ble Delhi High Court’s
authoritative decision in CM(M)
934/2017 draws a clear distinction between debts and securities—which
fall under the scope of a Succession Certificate—and bank lockers, which
do not.
Limitations
of a Succession Certificate
The legal purpose of a Succession
Certificate is narrowly defined. Under Section 370 of the Indian Succession
Act, it is intended solely to enable the collection of debts and securities owed to the deceased. In its judgment in CM(M) 934/2017, the Delhi High Court
unequivocally held that such a certificate merely authorizes the grantee to
collect monetary dues and securities from third parties, and does not confer any title or right to possess
or deal with the movable or immovable assets of the deceased.
Moreover,
the Court observed that even in cases involving factual or legal
complexity—where summary adjudication is not appropriate—a Succession
Certificate may still be granted under Section 373(3), but only after a prima
facie determination of the applicant's entitlement. Importantly, this is
always conditional upon the furnishing of an indemnity bond under Section 375. Crucially, the Court made it
clear that a bank locker is not
covered within the scope of a Succession Certificate.
Letters of
Administration: The Appropriate Legal Remedy
In light of this judicial
pronouncement, the proper legal route for gaining access to a deceased person’s
bank locker is to file a petition for Letters
of Administration under Section 278 of the Indian Succession Act, 1925.
The Delhi High Court expressed concern over the routine error of filing for a
Succession Certificate when Letters of Administration are legally warranted—an
error that often leads to unnecessary procedural complications and avoidable
delay.
A
grant of Letters of Administration empowers the petitioner to take charge of
the entire estate of the
deceased, including movable properties such as the contents of a bank locker.
This remedy is particularly applicable in the following circumstances:
Recommended
Legal Course of Action
For individuals seeking lawful
access to a deceased person’s bank locker, the following legal steps are
advisable:
1. File a
petition for Letters of Administration under Section 278 of the Indian Succession Act before the
competent District Court.
2. Obtain the
grant of Letters of Administration
through judicial proceedings.
3. Present
the Letters to the concerned bank, along with any other compliance documents.
4. Seek
access to the bank locker
and its contents in accordance with law.
In
summary, relying on a Succession Certificate to access a deceased person’s bank
locker is both procedurally incorrect
and legally unsustainable. A bank locker is not a debt or security and,
therefore, falls outside the jurisdiction of Section 372 of the Indian
Succession Act. The correct remedy lies in obtaining Letters of Administration, which provide the legal authority to
collect and manage the deceased’s assets—including locker contents.
Opting
for the appropriate legal route not only ensures compliance with judicial interpretation but also avoids
unnecessary delays, procedural setbacks, and the risk of rejection by the banks.
