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Vasant   15 September 2021

Joint account holder rights

Sir, I have a question.. Husband & wife (legal 2nd wife after death of 1st wife) now fighting in family court where 2nd wife charged domestic voilance. Case is on the last stage where husband surrendered himself by giving affidavit. Now judgement is pending and in between husband expired. Now the case is still in the court and not closed due to no judgement. Here in this case she and her husband having joint account in BOI where she is 2nd owner of the account. Now daughters of first wife of deceased person freeze the account not to get money to 2nd wife showing that there is case pending in the court. Now bank denied 2nd wife to operate the account and it has been freeze. Daughters are not there in the nominee list. Second wife as well as being 2nd owner of the account, she has full right to operate the bank account but due to a single notice given by lawyer to freeze the account on the basis of court matter, 2nd wife cannot operate the bank account. please guide in this case. How can bank freeze bank account on a single lawyers notice and showing dispute between husband and wife pending in the court. What does that affect on the bank account. How can married daughters of deceased person can freeze bank account of their legal 2nd mother and 2nd owner of the bank account. please guide in this case.

 

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 8 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     15 September 2021

The first wife's daughters have rights on the account of her father 1/2 share along with the 2nd wife. So after receipt of the lawyer's notice, the bank action taken is correct.

Vasant   15 September 2021

Thanks for your valuable reply. Its pension account. First wife's daughters are married. Just showing dispute and court matter between her father and 2nd mother, how can they freeze her pension account. And also again after freezing of account, they withdraw money from bank through net banking as her fathers mobile is with them only. Second wife has no idea. After calling customer care of BOI, she come to know that money has been withdrawn and the account is nil now. If they has freeze the account how can they withdraw money when there is matter pending in the court (as shown by them to bank). How it is possible.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     16 September 2021

I am of the view that Bank was not in order in freezing the account merely based on a Lawyer's Notice served on them from a person in no way connected to the account. Even if the Bank can give an excuse of settling Claim, they cannot do so without involving the joint account holder and you as Wife. In your reply, you mentioned that money was withdrawn from the account. I presume that for the account you and your deceased Husband are the signatories in which case, the bank was not correct in allowing the amount withdrawn. You may cause a Legal Notice issued to the Bank through an able and reliable Lawyer. Further, you say it is a Pension SB account in which case, the matter of Family Pension shall have to be decided by the organization wherefrom your Husband retired. You may contact your Husband's Employer and find out about the matter.

G.L.N. Prasad (Retired employee.)     16 September 2021

A bank can act only through competent order of the court and not individual notice from the Advocate or from a third party. As per SC judgment, married daughters are not concerned with pension benefits and compassionate appointments. The Bank is bound to settle the nomination within 15 days from the date of receipt of such claim forms. Contact a local advocate for proper remedy.

Dr. J C Vashista (Advocate and Legal Consultant)     17 September 2021

When there is no nomination registered with the bank for the account of deceased account holder or challenged by his (deceased account holder) legal representative, the Bank can not allow anyone to operate the account till they (Bank) receive succession order passed by appropriate court. Daughter of first wife has an equal right with second wife and her children in the estate i.e., movable and immovable intestate properties of deceased father/ husband.

Vasant Bagwe   17 September 2021

Thanks to all for giving me valuable guidance. In this case one more problem is there. All the original documents of deceased person i.e. Pan Card, Aadhar Card, Mobile, Bank Pass books, ATM cards, Passport, Ration Card are taken away by deceased person's first wife daughters and now they are refusing it. Daughters and their husbands not giving me all those original documents and denying those papers are with them only. Also 2nd wife do not have its photocopies with her too. She is unable to carry her further legal activities without them. Should she file NC for loss of original documents to nearby police station mentioning above document list as her husband is expired and she could not find original papers kept by her husband so therefore it has been lost. How useful it will be for her? Please guide in this regard too.

P. Venu (Advocate)     19 September 2021

Why you are posting facts piecemeal? The subsequent has rendered the query inconsistent, disjointed and confusing. it appears that the second wife is seeking guidance in picking up fight with her stepdaughters than seeking suggestions to resolve the legal issue, if any , she is facing.

G.L.N. Prasad (Retired employee.)     19 September 2021

In what way the deceased Pan Card, Aadhar Card, Mobile, Bank Passbooks, ATM cards, Passport, Ration Card are relevant to the context when you can approach the bank and intimate death and asking to freeze of operations till the claim is settled. Read more at: https://www.lawyersclubindia.com/forum/joint-account-holder-rights-220063.asp

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