A nominee is only a custodian and trustee holding the assets in trust on behalf of all the legal heirs. Nomination is only an easy arrangement for settling bank balances and locker contents. It shall not confer any exclusive right on the nominee. As the other legal heir, let your husband inform the bank of his father's death in writing (attaching a copy of the DC), and ask them NOT to let the nominee to remove the locker contents without his presence or consent. Better obtain an acknowledgement from the bank.

The bank should accept the letter without any demur. If they don't or refuse to acknowledge, send the letter by registered post or speed post with A. D. Obtain the proof of delivery from the post office.

Submit a letter to bank that on your father in law demise intestate your husband and his brother are only legal heirs 

to not permit your brother in law to access bank locker without your husband presence 

apply for and obtain succession certificate from district court as nominee is only trustee for legal heirs 

1. Submit an application to the bank for including your husband also to be present at the time of opening the locker as your husband is also one of the legal heirs.

2.  Nominee is only a custodian but the rights of the legal heirs supersede the rights of the nominee.

Your husband can inform the bank about the death of his father by submitting a copy of the death certificate and also insist on the bank that the nominee is not entitled to take away the items found in the locker if he is allowed to open the locker pertaining to the account of the deceased, hence you should be intimated about the  application for opening the locker by him in advance before permitting him to open and you can submit the legal heir ship certificate along with the application to the bank 

Your husband can sen this letter of communication through his lawyer also to the bank manager to be more effective 

Draft a formal letter addressed to the bank, requesting that the locker be opened only in the presence of both your husband and his brother. Clearly state your reasons for what purpose that the lockers should be opened in your husband presence. 

Usual practise of opening the deceased bank locker will be done only after getting NOC from all the legal heirs.

Yes. Your husband being one fo the co sharers of the said locker can very well write to the Bank laying his claim to his half share to the belonging lying in the said Locker.

As a result the Bank would open the locker in presence of both the co sharers and handover the belongings to both of them. 

Kindly make an application to Bank Branch manager that locker should be opened in front of all legal heirs. Please mention in application death certificate and all legal heirs details.

Do keep in mind that bank manager will handover all locker's belonging to nominee only. Further all legal heirs to distribute themselves according to WILL or Indian Succession Act.

Dear Client,

In the Present Scenario, your father in law had passed away, and had a bank locker. Your husband and his brother are the only legal heirs, as their mother also passed away. The nominee for the locker is your husband's brother, but you do not trust him completely. Hence, you wish to inform the bank that the locker is to be opened in presence of your husband as well. Herein, since both your husband and his brother are the legal heirs, they have the right to assets in the locker, however, with regard to your request, banks would require a proper documentation such as death certificate of your father, proof of being the legal heir, and with the same, submit a written request to the bank, detailing your concerns.

Hope you find this answer beneficial for resolving the dispute.

 - As per law, A nominee does not have ownership rights over the assets/fund , and he is responsible for disbursing the proceeds of the bank account to the lawful heirs.

- Since, your husbands brother is nominee in the said bank locker , then he has right to withdraw the items lying the locker without the presence of your husband, however he cannot claim ownership of the entire items lying in that locker, and your husband has equal right over that locker items. 

- Your husband can give an application before the bank that the locker must be open in his presence , otherwise the bank will be responsible for the same.