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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 the scenario described, where you are seeking your half share in the movable assets, including items in a bank locker, as part of a succession case, it is essential to understand the process of dealing with the contents of the locker.

1. **Division of Locker Contents**: Since you are entitled to half of the contents of the bank locker as per the decree to be passed, the division of the items in the locker needs to be done appropriately. You may first consider trying to reach an amicable agreement with the other legal heirs regarding the division of the items. If an agreement cannot be reached, the court may need to intervene to facilitate the division.

2. **Process of Liquidation**: If it becomes necessary to liquidate the contents of the locker, you can approach the court with a specific request to direct the liquidation process. The court may order the appointment of a court commissioner to oversee the liquidation and valuation of the items in the locker.

3. **Approaching the Judge**: You can file an application in the court where the succession case is being heard, requesting the court to order the liquidation of the contents of the bank locker. You may need to provide justification for the liquidation, such as the inability to physically divide the items or the preference for a monetary distribution.

4. **Liquidation Procedure**: The court-appointed commissioner will typically oversee the valuation and sale of the items in the bank locker. The commissioner may engage with a reputable appraiser or auctioneer to determine the fair market value of the items and conduct a sale through a public auction or a private sale, as directed by the court.

5. **Distribution of Proceeds**: Once the contents of the locker are liquidated, the proceeds from the sale will be divided as per the court's directions. Your entitled share will be allocated to you, and the remaining share will be held for the children of the deceased defendant once they establish their legal heirship.

It is advisable to consult with your legal counsel to draft a formal application to the court outlining your request for the liquidation of the contents of the bank locker and seeking appropriate directions for the distribution of the proceeds. Additionally, your lawyer can guide you through the specific procedures and requirements in the jurisdiction where the case is being heard.

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