LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

ialsoexisit (university)     25 December 2015

Bank account

Dear Experts,

About 6 years ago my wife a home maker opened a bank account in India. Non-Resident External account, i work abroad in a University, and was sent all money savings in her name to the NRE account which were converted in recurring fixed deposits (have the NRE account number with her name, my name as a nominee)

I remember sending copies of my passport, employment offer/work permit for account opening purpose, and even signing the application.

Due to family/matrimonial dispute now, wife is claiming that she will not return the money it belongs to her. I am not sure if the NRE is joint, or individual or i have given her a power of attorney. In a good faith/trust i had not asked or inquired the details of account, but now regret that, i should have been more careful.

My questions to the experts:

1) Can a non-working dependant wife open an NRE account?

2) If dependant wife could open NRE account, is there a legal means to recover the money from wife.

3) If the bank has wrongly opened an NRE account to non-eligible person or colluded with account holdee, can i take a legal recourse against the bank.

According to Reserve Bank of India guidelines, an NRI working abroad, can open account, single or jointly with another NRI. NRE account holder has to declare the sources of funds.I have all the bank electronic transfer receipts as evidence. I can even take a bank statement from the bank from where i had remitted the money.

Looking forward for the reply

Regards

Ialsoexist

 



Learning

 3 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     25 December 2015

Sir,

 

Before going into all the particluar details, it better to enquire as to in whose the name the account stands, if it in joint name then you can withdraw the money by preseting Form 15 B and 15 C.

 

Warm Regards

Kapil Chandna Advocate

9899011450

ialsoexisit (university)     25 December 2015

Dear Kapil Sir,

Thanks for information about Form 15 B and 15 C, i am writing e-mails to Bank from abroad, they are not replying them. I try harder get the names of acount holders.

Regards

Ialsoexist

 

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     25 December 2015

Sir,

 

If you need my professional services at any stage, please feel free to ask,

 

Warm Regards

Kapil Chandna Advocate

9899011450


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register