Bank Transaction in joint account
Malik_Arjun
(Querist) 17 February 2011
This query is : Resolved
Dear Sirs,
Please provide your expert opinion on my below query related to Joint Bank Account Transaction
Clarification on operation of Joint Account Holder in Either or Survivors mode of operation if one of the first holder is out of country during that period who else can make self withdrawals as bank passbook entry it mentions as self.
It has not mentioned the name of the person who has withdrawn by withdrawl slip and now the records are not available with bank being 7 years old record. And person who has withdrawn the other joint holder is deniying of his withdrawl.
Your expert opinion will help me to prove my side that the second joint holder is the benefisher and has withdrawn the money in my absence.
Hope you me assist me with the above query ...Malik
Devajyoti Barman
(Expert) 17 February 2011
If the first holder could prove that at the material point of time he was outside India then by necessary implication the court would presume the another holder to be person who withdrew the money.
H.M.Patnaik
(Expert) 18 February 2011
I completely agree with the Expert view.Besides, in case of litigation , the court can always ask for evidence from the bank i.e. copy of the withdrawal instrument or cheque to verify the signature therein .
Parthasarathi Loganathan
(Expert) 18 February 2011
The larger issue here is as long as the Joint account is classified as Either OR Survivor category, it is immaterial as to who is the beneficiary of withdrawal of funds provided there is no forgery or defects in the instrument on the apparent tenor. Banks can in no way be held responsible for the dispute arising out of the constituents as the account type is facilitated at the request of the customers at the time of account opening itself.
malipeddi jaggarao
(Expert) 19 February 2011
This is a repeated query and I replied it previously.
Malik_Arjun
(Querist) 20 February 2011
Barmanda, and Patnaik other experts
Sirs
i thank you for the reply and here is my version at court during cross examin i tried to tell the judge during my stay i have supported with financial support to my wife and she has been withdrawn and now denaying of no financial support their was two transaction one with cheque and one with loose leaf but the entry made by bank was self and judge askme and shouted show me her name and i was made quit and now the c petiton final order has been incresed more then the interim order and made to pay from 2005 where i lost my passport immpounded due to false allegation case and since then jobloss i had submitted list of documents they have not considered on record.
Now i have wrote to bank for copies of withdrawl slip they said records are too old and not with their bank they may be at storehouse,
what next passport xerox of travel abroad are the only proof the common sense i tried to present my view to honourable sit but slapped me with heavy maintenence and subjected of cruelty.
