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Can person living abroad transfer bank locker access to local citizen


12-Apr-2023 (In Banking / Finance Law)
Dear Sir/ Madam, My sister along with her husband jointly have opened a locker in SBI Madurai. Some valuables are kept in the locker. They are at present staying in US. Recently, they plan to separate and the access to the contents of the locker is to fully be provided to my sister and her husband will forfeit all claims to the locker content as per the settlement. In this regard, please let us know the following 1) What needs to be provided (legal documents) by present husband to forfeit all claim to the locker legally so that the bank provides full access to the locker to my sister 2) Since my sister resides in US and cannot be physically be present here. In what way can she transfer the rights to local Indian resident (Parents/relatives) to access the locker. Please let us know the details so that she can do the needful 
Answers (2)

Answer #1
532 votes
If the details of rights on locker is mentioned in the separation agreement related to divorce, copy of same (certified by embassy if the divorce happened in foreign country) would be sufficient to change the locker holding from a joint holding to single holding.

Since the person is not physically present in India, she can execute a power of attorney against her trusted person to carryout the local signatures here. If she is signing from US, then the embassy certification is required to execute the POA

Answer #2
959 votes
I am assuming that a divorce petition is going to be filed stating the terms of settlement. In such a settlement, the issue of the locker can be mentioned wherein the rights can be completely given to your sister and the husband forfeits all the claims. On the basis of this, you can get the locker rights transferred to the sisters name only. Alternatively, the husband can issue a letter to the Bank authorities requesting his name to be deleted from the locker holders name and retain only the sisters name as a single operator of the locker. However, please ensure that in this scenario whenever the divorce is filed, the locker issue is also mentioned. Lockers being sensitive in nature cannot really be opened by any person other than the locker holder hence the suggestion would be to add a local person's name as a joint locker holder so that either of them can operate it.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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