Myself and my aunt were declared class 2 legal heirs by the court. My aunt died. I being a class 2 legal heir, filed a succession case of movable assets. I made the children of my deceased defendant a party to my succession case. In my prayer I only asked for my half share in the movable assets. The children of my deceased defendant have not filed any proof of being the legal heirs of my deceased defendant. I also got the bank locker inventory done by requesting for a Local Commissioner in the court and the Local Commissioner has submitted his report in the court along with a jeweller's report who evaluated the monetary value of the contents of the locker. Now, a decree will be passed in favour of my half share in the movable assets. The judge will pass an order via which I will be able to approach the banks to avail my 1/2 share in the movable assets. But, what about the gold items in the locker..? How will the items in the locker be divided into two halves. Because I will avail my half share in the locker contents and the other half will remain there for the children of my deceased defendant to avail once they attain the legal heirs certificate later on. Is there a process before the judgement is passed that I can approach the court to notify the court that the items in the locker need to be liquidated? What is the procedure of the liquidation of the contents of the locker in the bank? Do the contents of the locker have to be sold with help of court commissioner? How do I approach the judge on this matter? Because in the total amount in the succession case, I have also included the monetary assessment of the locker contents. How will the court liquidate the locker contents?

Detailed Legal Analysis

The contents of the bank locker can be liquidated as part of the succession case, and you can approach the court to initiate this process before the judgment is passed.

Here are the steps and considerations for liquidating the contents of the bank locker:

• File an Application: You should file an application before the court, requesting permission to liquidate the contents of the bank locker. This application should include:
• A detailed description of the contents of the locker.
• The Local Commissioner's report, which assesses the value of the contents.
• Justification for liquidation, such as the need to divide assets among legal heirs.
• Court's Consideration: The court will consider the following:
• The necessity of liquidating the assets in the interest of justice.
• The potential delay in the process of obtaining a legal heir certificate for the children of your deceased aunt.
• Appointment of a Court Commissioner: If the court approves your application, it may appoint a court commissioner to oversee the liquidation process. The responsibilities of the court commissioner include:
• Ensuring that the contents are sold fairly.
• Obtaining the best market price for the items.
• Distributing the proceeds according to the court's decree.
• Liquidation Process: The process of liquidation may involve:
• Conducting a public auction or private sale of the items in the locker.
• Providing an inventory of items to prospective buyers.
• Ensuring that all legal heirs are informed of the sale process.
• Distribution of Proceeds: Once the items are liquidated, the proceeds will be divided as per the court's order:
• Your half share will be given to you.
• The remaining half will be held until the children of your deceased aunt obtain the legal heir certificate.
• Legal Provisions: The relevant legal provisions governing this process include:
• Indian Succession Act, 1925, particularly sections related to the distribution of assets among legal heirs.
• Civil Procedure Code, 1908, which outlines the procedures for filing applications and obtaining court orders.

Ultimately, approaching the court with a well-drafted application and supporting documents will facilitate the liquidation of the locker contents and ensure a fair distribution of assets among the legal heirs.