Legal Question in Banking Law in India

Respected Sir/Madam,

I am a divorce from past 3 years. i have a saving bank account and locker facility in india with the condition either or survivor option with my ex-wife.I have divorce papers and affidavit which is duly signed by her stating no claims in any of my property. i just wanted to know is this document enough to close my bank account and locker facility or i have to take no objection certificate from my ex-wife?


Asked on 3/28/13, 8:27 pm

2 Answers from Attorneys

Aileen Marques Independent

Yes on the basis of the Court Order and the consent terms where your ex-wife states no claim- you may ask for closure of the bank account. However banks may have their own formats.

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Answered on 3/29/13, 12:54 am
J. Radhakrishnan independent Practice

The bank will require a specific letter from your wife to remove her name from the savings bank account as well as locker account. If she refuses to give that letter, you have to file a suit for a declaration that you alone are entitled to operate the relative account on the basis of the divorce papers by impleading the bank as well in the suit.

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Answered on 3/29/13, 12:56 am


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