Whether a joint locker can be opened by one person depends on the operating instructions agreed upon by the joint holders when the locker was rented. Generally, it depends on the agreed-upon terms.
Here's a breakdown of different scenarios:
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Joint Operation (Either/Survivor): If the locker is operated under "either/survivor" terms, either of the joint holders can access the locker independently.
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Joint Operation (Joint Signatures Required): If the locker requires joint signatures, all the holders (or the specified number as per the agreement) must be present and sign for access. In this case, one person cannot open the locker alone.
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Death of a Joint Holder: The situation changes upon the death of a joint holder. Even if the locker requires joint signatures, the surviving holder(s) may be able to access the locker, especially if a nomination was made. The bank's policy on handling deceased joint holder accounts and lockers will apply. The referenced text indicates that if a locker is hired jointly, the hirers may nominate one or more persons in the event of the death of one or more hirers.
Key Considerations:
- Rental Agreement: The specific terms and conditions outlined in the locker rental agreement are paramount.
- Bank Policies: Each bank has its own set of policies and procedures regarding joint lockers, especially in cases of death or disputes.
- Nomination: A nomination simplifies the process of accessing the locker after the death of one of the joint holders.
Example:
Imagine two people, Alice and Bob, rent a joint locker.
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Scenario 1: "Either/Survivor" Both Alice and Bob have individual keys and can access the locker whenever they want without the other's presence.
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Scenario 2: "Joint Signatures Required" Both Alice and Bob must be present at the bank and sign the register for any access to the locker. One person cannot access it alone.
In conclusion, whether one person can open a joint locker hinges entirely on the operational terms specified in the rental agreement with the bank. "Either or survivor" permits single access; otherwise, joint access is mandated.