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RS (PA)     11 December 2013

Bank account -name removal

i had a joint account with my wife in private bank . after divorce i wanted to remove her name from account.

the bank is asking me to get her signature since it is joint account.

however after divorce she is under no obligation to sign and more importantly i dont know her whereabouts and there is no way i can get her signature. the bank refuses to remove her name

i asked them to remove my name in that case , the bank is refusing to do that too.

my biggest worry is that she can create fraud and the police will land at my place

she can even keep withdrawing money and i will be forced to maintain minimum balance.

what is the legal remedy for this

 



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 3 Replies

BAALASUBRAMANNYAMM (Advocate)     11 December 2013

If you are in the possession of Cheque Book and  ATM Card, first  hand over them to the bank with a covering letter along with your copy of decree of Divorce, and request them to delete your name from joint account. In case, if the bank rejects  to remove your name from joint account, asking them to record the above receipts of cheque book and ATM card in their records,  which will help you, in case of any damages/mis-appropriation  made by your wife in future and get an acknowledgement from the bank for the said receipts.

RS (PA)     12 December 2013

Hi Baala

Thanks for the advise , but this does not solve the problem

 

i have already given my court decree to bank and ask them to delete my name also.

the real issue is that in case if my wife does a fraud , police will land at my place, all other actions would be reactive and i will have to run in court for years

she can keep withdrawing money and i will have to maintain minimum balance or pay fine. this is finanacial loss to me

 

the only way out is removal of her name or my name , there is no other option. i am looking at legal remedy for this considering bank is not supporting

i have already moved an application to ombudsman and consumer court.

 

 

 

 

 

 

SACHIN AGARWAL (ADVOCATE)     20 December 2013

It is better to give a written request to the Bank with all details and copy of decree of divorce and then obtain refusal in writing and then file a suit for declaration and mandatory injunction before competent court and you would certainly get relief.


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