Dispute over bank locker
Querist :
Anonymous
(Querist) 20 September 2011
This query is : Resolved
hello sir/madam
my sister has filed case over her husband for maintenance n domestic violence.there is a locker on a joint a/c of both of dem.her husband is having keys now.so she put an extra lock over it to stop him to operate it alone.she informed the bank about case.now bank is asking her to come n dissolve d issue or they'll take some legal action.bt now in such circumstances we want to know that
1) wat can we do to avoid legal action of bank against her?
2)in locker they have the jewels which they get from both side.so does she has right over the jewellery which she get from her in laws side?
Shastri J.K.
(Expert) 20 September 2011
1- information is sufficient.
2- she has right over the jewellery .
Shonee Kapoor
(Expert) 20 September 2011
In effect this is a case where the property is under joint dominion and one party wants to stop the other party from alienating it.
The step your sister has taken is OK and sufficient, but she would need to respond to every letter of the bank.
As per law, she has complete right over her Stridhan whether given by your family or in-laws family.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
ajay sethi
(Expert) 20 September 2011
agree with experts
Guest
(Expert) 20 September 2011
I would like to differ with Shonee to some extent where she has stated that the step taken by your sister is OK, as she has viewed the case only in the light of family law, BUT not with respect to Banking Law. We should not forget that in the family dispute bank is also involved when the question of operation of locker comes to the fore.
I don't say, she does not have the right on the jewellery, as her Streedhan, BUT the action of your sister in not OK that being in violation of banking law to the extent that without the knowledge and consent of the bank, in the case of "either or survivor" type of joint account, she cannot obstruct the working of the bank by putting her own lock separately without producing any stay order to ban operation of the locker by her husband.
Till she produces any stay order, she can of course raise a formal dispute with the the bank and request the bank to put the locker under its own seal till the dispute is settled between the husband and wife. Please don't forget, bank recognises them only the joint account holders and according to the banking law any one can operate the locker. So, she can't take law in to her own hands.
So, the bank would be right in taking any legal action on the part of your sister, unless a formal stay order is produced to disallow the husband to operate the lockker.
Raj Kumar Makkad
(Expert) 20 September 2011
I do not promote lawlessness but one can protect his legal rights as done by sister of querist.
prabhakar singh
(Expert) 20 September 2011
I endorse the views of shri Dhingra ji
