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General Legal Query India · 31 Jul 2025 · 7 views

Your Question: 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?

AN Asked by Anamika Arora from India

Legal Information

Below is a comprehensive legal analysis based on Indian law for your question.

In this situation, since you are seeking your half share in the movable assets, including the items in the bank locker, and the other half is to be retained for the children of your deceased defendant, it is essential to ensure a fair and appropriate division of the assets.

In the case of movable properties like gold items in a bank locker that need to be divided, the court may order for the physical division of the items if they can be easily divided, or if physical division is not possible or practical, the court may order for the sale of the items and then division of the sale proceeds between the rightful heirs.

Here is the process you can follow:

1. **Approach the Court**: You can file an application before the court in which your succession case is pending, requesting the court to order for the liquidation (sale) of the contents of the bank locker.

2. **Provide Justification**: In your application, you should provide reasons why the contents of the locker should be liquidated for a fair division of assets between the heirs.

3. **Request for Court Commissioner**: You can request the court to appoint a court commissioner to oversee the process of liquidation and sale of the items in the locker.

4. **Court Order**: Once the court reviews your application and any objections from the other party, the court may pass an order for the liquidation of the contents of the locker and sale of the items.

5. **Sale Procedure**: The court commissioner or an authorized person may conduct the sale of the items in the locker. The sale proceeds will then be added to the overall assets of the succession case for distribution as per the court's decree.

It is important to note that the division and liquidation of assets should be done in a fair and transparent manner, ensuring that the rights of all legal heirs are safeguarded. You may consider consulting with a lawyer specializing in inheritance and succession laws to guide you through the process and represent your interests effectively in court.

Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.