power of Attorney to be submitted to bank for given right's to legal

600 votes

Yes, since your mother is bedridden, you will need to provide two key documents in order to proceed on her behalf. The first is an authorisation letter from your mother, stating that she permits you to act for her in this matter. The second required document is a doctor’s certificate confirming her medical condition. The certificate should clearly state that she is bedridden or medically unfit to appear in person

Advocate Karthik Kalaimani LawRato

598 votes

Since the joint locker holder (father) has passed and the surviving holder (mother) is incapacitated, the bank requires legal evidence for transmission to heirs. ​First, check for a registered nominee, if present, the process is simpler. If there is no nominee, the bank will require a Succession Certificate from a Civil Court, which legally establishes the rights of the heirs. ​You must provide the father's death certificate and a local Legal Heirship Certificate. Due to your mother's status, a court-issued Guardianship Certificate or other incapacitation proof may also be necessary.

Advocate Pankaj Bajaj LawRato

625 votes

In the case of a bank locker held with Bank of Maharashtra, Nagpur, where the father passed away in 2017 and the locker was thereafter operated by the mother, and now the mother is bedridden, the transfer and access to the locker depend mainly on whether a nomination is registered. If a nominee exists, the nominee can access and get the locker transferred by submitting the father’s death certificate, the mother’s medical certificate, and their own identity and address proof, along with the bank’s prescribed forms, in the presence of bank officials. However, if no nomination is registered, the bank will require legal proof of succession, such as the father’s death certificate, the mother’s medical or incapacity certificate, identity and address proofs of all legal heirs, and most importantly a Succession Certificate issued by a Civil Court, which banks generally insist upon for handing over a locker. If the mother is alive and mentally fit, she may execute a Power of Attorney in favour of one legal heir (supported by a doctor’s certificate), allowing the locker to be operated. If she is mentally unfit, the legal heirs must necessarily approach the Civil Court. Therefore, in the absence of nomination, obtaining a Succession Certificate and submitting it to the bank is the safest and final legal solution for locker transfer.

Advocate Tanveer Ansari LawRato