Mumbai: The Bombay High Court dismissed a petition seeking the transfer of Reserve Bank of India (RBI) bonds held by a Jain man to his mother and wife after he and his children renounced worldly life and became Jain monks.
The petitioners, Nirmla Zaverchand Dedhia and Chhaya Manoj Dedhia, argued that their family members’ spiritual renunciation amounted to “civil death,” entitling them to the bonds as legal heirs.
However, a bench of Justice Revati Mohite Dere and Justice Neela Gokhale rejected the plea, stating that the issue involved mixed questions of fact and law that could not be decided in writ jurisdiction.
“This Court in its writ jurisdiction under Article 226 of the Constitution of India at the first instance will not enter the arena of disputed claims between the parties,” the Bench said.
Manoj Zaverchand Dedhia, the ‘Karta’ of the Dedhia Hindu Undivided Family (HUF), renounced worldly life along with his children on November 20, 2022. The petitioners contended that, under Jain customs, sanyasis forfeit all legal rights over their property. Consequently, Manoj’s assets, including the RBI bonds, should pass to his family.
The RBI bonds, issued in his name, were set to mature in September 2026. When the petitioners approached HDFC Bank for their transfer, the bank refused, citing RBI guidelines that permit transfer only upon the bondholder’s death. It also pointed out the absence of a formal succession certificate or probate.
In response, the petitioners maintained that Jain sanyas constitutes “civil death,” rendering Manoj legally nonexistent. They submitted various documents, including an affidavit from Manoj stating he had no objection to the transfer, photographs of the sanyas ceremonies, and other supporting records. However, the bank did not consider these as conclusive proof.
The High Court noted that several prerequisites must be met before a person can be declared “civilly dead” due to sanyas. It referred to a Supreme Court ruling stating that merely declaring oneself a sanyasi, dressing as one, or renouncing worldly interests is insufficient.
“He must not only retire from the worldly interests and become dead to the world, but to attain this he must perform necessary ceremonies without which renunciation will not complete,” the SC had observed.
The high court, while dismissing the petition, suggested the petitioners pursue the matter before the appropriate civil forums.
