Legal Question in Banking Law in India
I am in a need of such article which shows that all those cheques are invalid which are not presented for payment before the change of mode of operation and issued (under Either or Survivor Mode) but later on the mode of operation is changed to Joint. Like I have issued the cheque in March, 2006 (under Either or Survivor Mode) but the mode of operation is changed to Joint in May, 2006 while the cheque issued in March, 2006 is presented for payment in Sep, 2006 which doesnot exceed the condition of Six Months of validity. The cheque is subsequently dishonoured on the ground that " Double Signature Required ". While the cheque becomes INVALID when the mode of operation is changed to joint in May, 2006. So kindly please help to find such article either as the law or any guidelines issued by RBI or any other institution which shows that the cheque becomes invalid due to change of mode of operation of A/c.
4 Answers from Attorneys
cheques signed in March, April, date in May 2006 signed by either of the joint holders presented for payment within six months of the date those bear have to be honoured notwithstanding the change of operation on the date in May 2006. The date of the cheque is material. We have not come across any articles or RBI guidelines which prescribe that the cheques to be honoured only when they bear the signatures required/altered after the dates of cheques concerned. The Bank was not in orde in dishonouring the cheque in the question posed. In many companies the authorized signatory is changed from time to time. The Bank has only to see that the concerned signatory as on the date of cheque has signed the same. That is it.
I agree.
I agree with Shri J. Radhakrishnan
The mode of operation prevalent on the date of presentment of cheque only will have to be followed by the Bank.
For example, if in a either or survivor account if one person dies, then the other person can validly claim that cheques (signed by the deceased when he was alive )presented to the Bank after the death of the drawer, should not be honoured.
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