Civil Procedure Code (CPC)

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kumar ajinkya (service)     10 June 2021

Joint bank account with wife as first holder

Mr Kalaiselvan

Thanks for your urgent response. I agree that a legal notice would be an unfortunate necessity if she doesn't respond. She cannot deposit the cheque in another account since the cheque has the bank name and account no. on it.

Warm Regards

AJ

 



 7 Replies

T. Kalaiselvan, Advocate (Advocate)     10 June 2021

Bank can't freeze the account simply by one partner application but it depends on the ground taken in the application. If the partner is the joint account holder and part of the signing authority, then the bank can act on his instructions too, however it may be noted that it was he who approached bank before you could.

If she is not agreeing for any compromise in this regard and is not willing to unfreeze the account, you my issue a legal notice to the bank manager and include her as another party to the notice stating that the freezing of the joint account on the instructions of one account holder is illegal hence to unfreeze the same immediately or to face the legal consequences through court of law or consumer forum.

If the cheque is on her name, she may deposit the same in any other bank where she has an account, you cannot do anything about it other than approach court with evidences climbing the same on the basis of the evidences in your possession to prove that it was in fact your money which was invested on her name then.

Sankaranarayanan (Advocate)     10 June 2021

Surely some reason behind it. state the facts clearly. without reasons a joint holder would not  given sudden request the banker to freeze it. Did you approach the banker regarding the reason for freezing the account? what is their reaction? Ascertain the details and approach a local lawyer and get clarity

kumar ajinkya (service)     10 June 2021

Mr Sankaranarayan

Thanks for the response. As I have mentioned earlier the reason is vindictiveness. This is a petty act to harass the other party. The bank staff has told me that account has been frozen due to a written request from the account holder.

Thanks once again for your advice.

regards

 

Advocate Bhartesh goyal (advocate)     10 June 2021

In my opinion, bank can't freeze your joint account on request of one partner.Bank can allow either partner to operate account jointly or severally but neither close nor freeze account on one partner's request.Banks such act comes under purview of their deficiency in services for that you may knock the doors of District consumer Forum or make complaint to Banking Ombudsman in this regard.

G.L.N. Prasad (Retired employee.)     10 June 2021

1. For making any modification in operational instructions of the existing arrangement, such instructions must be signed by all the account operating depositors.  The bank is not legally correct in withdrawing such either-or operational direction without notice to the other depositor.  But the easiest process for a banker is to freeze the account and stop operations in case of disputes between the operators. with a notice.  They do not take any risk.  File online complaints on the website of the bank, wait for their response and approach both Banking Ombudsman and the District Consumer Forum.  The costs may not be more than Rs.100/in all and you can demand compensation and harassment for freezing.

2.There is no law that mandates any person to deposit a cheque in her name to any particular Bank Account only.  The cheque is in her name, and she can deposit with any bank or any account as and when she likes.   If the cheque was in her name only, she can open a savings bank account or credit cheque in any other existing bank account standing in her name alone.

kumar ajinkya (service)     10 June 2021

Thanks Mr Goyal. Good advice this.

T. Kalaiselvan, Advocate (Advocate)     11 June 2021

You may issue a legal notice to the bank for freezing the joint account without the consent of the joint holder and demand the bank to unfreeze the same immediately or else you can approach consumer forum for deficiency in service by the bank.

Before that ascertain if the bank is right in its action by sending  representation to the higher official of the bank.

 


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