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Sibsankar Datta   17 October 2021

Bank unanimously created lien on sb account.

One of my closely known family jointly holds a Savings account with Punjab National Bank ,(erstwhile U.B.I.) with the name of Wife aged 78 years as 1st. Holder and Husband aged 82 years and their young divorced daighter as joint holders. The family is dependent on interest earnings from their splitted up deposits in the name of wife and husband, which they are holding with the Bank branch. All the accrued interests on their deposits are being credited in the aforesaid Savings account maintained by them. They are fully dependent on their interests income for all family expenditures including their compulsory medical needs as they are both super old and are of weak health. 
Suddenly,  this month when they wanted to withdraw amount from the account for Family need, they were shocked to find that Bank has set aside an amount of ₹ 100,000 (One Lakh), due to lien reportedly created by their Asansol branch on this S.B. account as one of the joint holder ( their young divorced daughter) stood as a Guarantor for a loan availed by a medical shop of Asansol.
It revealed that their daughter got married to a business family in Asansol, who were having a medical shop for which they availed credit from PNB, Asansol. The in- laws reportedly insisted her to stand as Guarantor for their loan, and she acceded to the request of her, father-in-law. She is not much aware of the documents they got executed by her and is also not aware of the creation of lien. She of course recollect to have signed some documents placed to her for signature. Presently, for ill-treatment of her husband and in-laws, she was compelled for divorce prayer. Now got divorced in 2021.
The age-old unhealthy couple who are now in an extremely distressed stage with no alternative avenues for them, seek guidance/suggestions to come out from this distressed situation. Whether Bank is in order in creating a lien on the SB account whose 1st. Holder is the age-old lady? What action should the couple initiate against the Bank for their creating the lien without knowledge of the age old couple? Help requested from the knowledgeable persons for which they express their gratitude. 



 4 Replies

Pradipta Nath (Advocate)     17 October 2021

If the daughter is also a joint holder and 'either or the survivor' is the mode of operation, it has to be find out that whether she lien this money or not! In case without any authority Bank has created the lien, you can avail legal recourse. On the other hand, please let me know whether the daughter has any doubt that the borrower will not rapay the loan? Because no Bank can simply allow the gurantor to move away without any fault on their part!

Aside what is your locus standi in this matter: as you can even substitute her place by creating a better or same lien with the Bank!

1 Like

G.L.N. Prasad (Retired employee.)     18 October 2021

In a joint account with others, is not exclusively belonging to any single member, and the action of the bank in exercising a general lien on a joint account with another, who was stated as a guarantor at another branch Asansol is highly irregular improper.

First of all, remember that Bank is having a right to exercise a right of "General Lien" on deposits, but it can not be extended to a joint account, as a contribution of that guarantor in a joint account can not be established.

First, issue a joint authorization letter signed by all the joint holders to remove her name and send it by Registered post.

Then issue a legal notice under CP Act, to Bank, stating that married daughter has not contributed any thing, and the amount was added as she is a divorcee, and for smooth succession arrangements and exercising llien on joint account is highly irregular and improper and demand for lifting the lien immediately.

Wait for 15 days and make an online complaint to Banking Ombudsman

Wait for another 15 days and file a simple consumer complaint on line in District consumer forum.

The deficiency of service is "exercising lien on joint account of parents with divorcee daughter," as that amount is sustenance for the parents and divorcee daughter is added as smooth succession' and bank harassing senior citizen by  arbitrarily exercising general lien illegally, 

2 Like

Sibsankar Datta   18 October 2021

Thank you Sir for your valuable response.  We'll follow your guidance and would further enquire if we need  further assistance.  Thank you once again.

Regards,

Sibsankar Datta 

G.L.N. Prasad (Retired employee.)     18 October 2021

Sir,

Please go through the judgment of the Calcutta High Court in following link  https://indiankanoon.org/doc/71956907/

Your case according to me is on a different footing and go through SC Judgments stated referred in judgment.

Also, contact a local advocate as to how she can get a remedy as the debt is by her past in-laws.

Also, ask her to file a complaint in the Women's Commission.

All these are efforts that may not cost more than Rs.500 in all.

But, your fight may bring a good judgment.


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