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    Case Analysis, Deepanshu, 2022

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    neha
    The document summarizes a case - Vandana Tyagi v. GNCTD, WP (C) 1103 of 2019 (India) - regarding a son's request to operate his late father's public provident fund account after his father made a will leaving everything to his comatose wife. The State Bank of India required the son to obtain a guardianship certificate. The court found that requiring a certificate under a repealed law did not stand and outlined guidelines for operating accounts of incapacitated customers, advocating for their rights. The decision aligned with prior cases helping helpless customers tangled in bureaucracy.

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    Case Analysis, Deepanshu, 2022

    Uploaded by

    neha
    37 views3 pages
    The document summarizes a case - Vandana Tyagi v. GNCTD, WP (C) 1103 of 2019 (India) - regarding a son's request to operate his late father's public provident fund account after his father made a will leaving everything to his comatose wife. The State Bank of India required the son to obtain a guardianship certificate. The court found that requiring a certificate under a repealed law did not stand and outlined guidelines for operating accounts of incapacitated customers, advocating for their rights. The decision aligned with prior cases helping helpless customers tangled in bureaucracy.

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    Case analysis, Deepanshu, 2022

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    The document summarizes a case - Vandana Tyagi v. GNCTD, WP (C) 1103 of 2019 (India) - regarding a son's request to operate his late father's public provident fund account after his father made a will leaving everything to his comatose wife. The State Bank of India required the son to obtain a guardianship certificate. The court found that requiring a certificate under a repealed law did not stand and outlined guidelines for operating accounts of incapacitated customers, advocating for their rights. The decision aligned with prior cases helping helpless customers tangled in bureaucracy.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    37 views3 pages

    Case Analysis, Deepanshu, 2022

    Uploaded by

    neha
    The document summarizes a case - Vandana Tyagi v. GNCTD, WP (C) 1103 of 2019 (India) - regarding a son's request to operate his late father's public provident fund account after his father made a will leaving everything to his comatose wife. The State Bank of India required the son to obtain a guardianship certificate. The court found that requiring a certificate under a repealed law did not stand and outlined guidelines for operating accounts of incapacitated customers, advocating for their rights. The decision aligned with prior cases helping helpless customers tangled in bureaucracy.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 3

    Case Analysis on

    Vandana Tyagi v. GNCTD, WP (C) 1103 of 2019 (India).

    Submitted to

    Dr. Amit Dhall

    Submited by

    Deepanshu Gurnani

    Enrollment No. A3268622022

    Programme : LL.M. (Master of Laws)

    Subject Name : Banking Law


    Case No. 2: Vandana Tyagi v. GNCTD, WP (C) 1103 of 2019
    (India).

    Introduction:

    The area of law that is in focus is the directions of the Reserve Bank of India
    (hereinafter referred to as “RBI”) in respect to the operation of Bank Accounts by the
    Old/Sick/Incapacitated customers.

    Facts and Issue:

    The petitioner is the only son to his deceased father who made a will exclusively in the
    name of his wife who was now in the state of comatose. The petitioner requested the bank
    to operate his father’s Public Provident Fund. The State Bank of India directed the
    petitioner to obtain ‘guardianship certificate” to operate the PPF Account maintained with
    it. Thus, the petition was initiated.

    Applicable Provisions:

    • The National Trust Act for the Welfare of Persons with Autism, Cerebral Palsy,
    Mental Retardation and Multiple Disabilities Act, 1999
    • The Mental Health Act, 1987 (repealed)
    • Clause 5.7 of the Master Circular on Maintenance of Deposit Accounts, issued by
    RBI
    -“Operation of Bank Accounts by Old/Sick/Incapacitated Customers”.

    Analysis and Review:

    The argument accepted by the court which states that a person can be allowed to manage
    the account of another who is in a state of absolute helplessness rightly puts forth the
    practical issues that customers may face when placed in such situations.
    The stance of SBI was that a guardianship certificate had to be obtained from the
    concerned district court under the now repealed 1987 Act or from a Local Level
    Committee. The decision of the Court was primarily that the contention of the respondent
    Bank to base the permission to operate on the guardianship certificate under a law which is
    repealed, does not stand good under law.
    Out of the extensive guidelines laid down by the court, few include, that the court will have
    the person lying in comatose examined by a duly constituted medical board, the court may
    direct the Tehsildar to examine and investigate the true nature of the persons involved, the
    person seeking appointment as a guardian in his petition to the court will disclose the
    relationship and particulars of all legal heirs of the person lying in comatose.
    This decision follows the trend of the Courts advocating for the rights of the helpless
    customers tangled in Red Tape in many other cases such as the case of Shobha
    Gopalakrishnan v. State of Kerala2 by the High Court of Kerala and K. Sailaja v. The State
    of Tamil Nadu3 by the High Court of Tamil Nadu. Following the same trend in
    interpretation, this decision by the Delhi High Court was reiterated in the case of Bhim
    Singh v. AGM State Bank of India4.

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