Legal help - joint account
Querist :
Anonymous
(Querist) 17 October 2018
This query is : Resolved
I am a working woman separated from my husband. When we were living together, I used to receive salary in cash while my husband salary was credited to our joint account. As per our mutual understanding, my salary was used for household expenses while his complete salary was deposited in our joint account. After a dispute between us, he has freezed the joint account. Now, I am left with no savings, while our joint account has 20 lakhs rupees. Despite being a joint account, my husband is refusing to give me any share and states that he has documentary proof that whole money in saving account is from his salary and the court will not recognise any oral understanding. Can I file a case claiming fifty percent share in the joint account? Can my husband claim complete ownership of the joint account money by proving that all the money was credited from his salary?
Dr J C Vashista
(Expert) 18 October 2018
He may or may not share the amount available in the joint account, just persuade him but you can not get legally.
Vijay Raj Mahajan
(Expert) 18 October 2018
You may seek division of the money deposited in the joint account of both, court will decide the suit on the basis of evidence of both parties, you contribution towards the household expenses and his savings in the joint account, all these issues will be taken in account even if no written agreement exists, the verbal understanding cannot be ignored. The court will definitely help you out to get share in the savings in the joint account.
A. A. JOSE
(Expert) 18 October 2018
You have to give further details please, e.g. joint account in which bank; what were the operating mandate/instructions given to the bank by both of you,i e. if the account was to be operated jointly by both of you or severally or either or,etc.,
In the normal course, signatures of both joint account-holders are imperative for freezing the joint account.
Guest
(Expert) 18 October 2018
First of all, your story can't be believed, if you state that your husband preferred to freeze the account solely for you and he is operating tha frozen account. No bank can freeze a joint account for some specific joint holder and to allow other joint holder to operate the account. Account can be frozen for both of the joint holders in case of any dispute.
Secondly, even if a bit of truth is there in your story, you have not provided complete information about the event.
Thirdly, an anonymous person can't claim a single rupee out of any joint account. You will have to appear in person before some banking laws experts for personal consultation, as solutions are definitely there.
Guest
(Expert) 19 October 2018
See, Lord Christ has appeared in person to advice the querist against the pampering advice of the experts. He also knows about others to be suffering from one form of Pistanthobia, as if he is a medical expert, not a legal expert.
The irony is that the fellow considers himself to be Christ, as appearing with his picture and garb, but does not have the courage to appear with his own picture, when he has claimed to be a talented person with high legal qualification of LLB and LLM also being a Gold Medalist in law.
Apparently, he would have been doubtful about his own personality and talent. When he can't believe on his own self, how someone else can pose any trust on him, who prefers to hide behind some other's face and garb.?
Isaac Gabriel
(Expert) 19 October 2018
In joint Account or E or S account, either party is not vested with arbitrary right to prohibit the other from operating the account. Did you contact the banker before raising the query ? Your staement ' He has freezed the joint account ' seems to be unpracticable. Contact the bank and revert back.
Isaac Gabriel
(Expert) 21 October 2018
Advice/opinion/suggestion through the forum will be of immense help to others also.Private councelling could be resorted to if anything private/discreet is solicited by the queryist. This is my humble opinion.
Sudhir Kumar, Advocate
(Expert) 16 April 2020
You never said if the account is either or survivor. If it is so then he can withdraw entire money without asking you.
please be clear with facts.
Raj Kumar Makkad
(Expert) 16 April 2020
I do agree with the wise advice of expert Dhingra Sir.
