Legal Question in Banking Law in India

Re: About bank accounts

Hello.

Good Afternoon.

Whenever a bank opens a new savings or checking account for a customer, his or her name is listed as the sole authorized user of that account. If two or more individuals want to share access to the same account, however, the result is called a 'joint account'. Any one of the parties listed as a joint owner of the account can make deposits, write checks or withdraw cash. In general, a joint account is opened by individuals with a close family or business relationship; parents/children, married or unmarried couples, business co-owners, etc. Some participants in a joint account can restrict access by requiring two signatures on checks or withdrawal slips.

A joint account is considered to be riskier than two separate accounts, but many people find that pooling income into a common account makes bill paying easier. Married couples with dual incomes may open a joint account for routine expenses and individual accounts for other obligations. Elderly parents may consider opening a joint account with their adult children in order to pay household bills or avoid probate court complications after death.

One aspect of a joint account is the right of survivorship. If two people open a joint account and one dies, the other party is usually entitled to the remaining balance of that account. Other types of individual accounts may be subject to probate court restrictions, which can keep much-needed funds out of the hands of survivors for months or years. Those who enter into a joint account should have the understanding that the other partner(s) will always have the right to use all of the money in that account. This is why joint accounts should be limited to people in whom you have complete trust. Joint account holders need to keep track of current balances, deposits and outgoing expenses. Both parties can be held liable for overdrafts and bounced checks, unless one party is restricted by the 'two-signature' requirement.

Because a joint account carries more risk than individual accounts, young couples considering marriage or living together need to discuss the pros and cons of both types of banking. If one party has substantial loan obligations or automatic deductions, the other party of a joint account should be comfortable with the situation. Creditors view a joint account as they would an individual account, so funds can be legally deducted even if only one party actually owes the debt. An elderly joint account holder should also be comfortable with the fact that the other party can withdraw all of the funds at any time without prior notice. Joint accounts work best when both parties have established a solid level of trust between them.

Re: About bank accounts

An "EOS" account is also a joint account; the only difference may be : instructions given to the Bank by the account holders about mode of operation after death of one of the parties.

If there is a joint account with EOS, on death of one party, the operation in the account may be stopped till probate/court order about inheritance rights of the other person;

If EOS instructions are there, the surviving account holder may operate the account without any problem.

Re: About bank accounts

joint account is an account held in the names of two or more. It can have a mandate of merely 'joint' which means that both or all the account holders should operate jointly. If in the said account a mandate is given as 'either or survivor' or Anyone or survior, either or any one of the joint account holders can singly operate the account

Re: About bank accounts

both are joint accounts.only EOS can be operated by one holder who is alive after death of other.