NRI’s Will, SBI’s Partial Release and Denial for remaining sisters
Judgment dated 3.9.2026 of the High Court of Andhra Pradesh at Amaravati in Writ Petition No.2824 of 2019 of Sekharamantri Prameela Vs. The State of AP and others
The petitioner is one of four sisters of late NRI who died on 4.5.2003. He had executed will on 5.12.1995 bequeathing all his Foreign Currency Non-Resident Deposits & investments to his son and four sisters in the ratio of 2/3rd and 1/3rd respectively.
SBI had given Rs.19 lakhs to the elder sister on production of the succession certificate of the Court. The said succession certificate was not objected by the son and other sisters of the deceased and also by the State Bank of India.
Thereafter, remaining three sisters including the petitioner approached the Bank for their shares. However, the Bank had insisted for another succession certificate.
The petitioner had applied for succession certificate but the Court rejected the same on the ground that the same is not maintainable in view of testamentary disposition made by the deceased. The said application was withdrawn.
On 28.12.2009, the petitioner had given legal notice to the Bank but in vain. Hence, the petitioner filed writ petition.
By Repealing and Amending Act, 2025, Parliament deleted Section 213 of the Indian Succession Act, thereby probate is no longer mandatory anywhere in India to establish rights under a Will, even in Mumbai, Chennai, or Kolkata where it was previously required.
From the above, it is evident that applying for and getting a Succession Certificate in view of the scheme of the Act, more particularly in view of Section 370 of the Indian Succession Act is impermissible and probate of Will is not mandatory for the State of Andhra Pradesh.
