LAW PRACTICE & BANKING

PARDANASHIN WOMAN A/C

MARRIED WOMAN A/C

A BRIEF ON

WHAT IS PARDANASHIN WOMAN A/C

Account for Special Type of individual Customer

WHO IS PARDANASHIN WOMAN

Pardanashin lady means a lady who remains in parda due to tradition of family or society and generally she do not come out of her home in general public and generally is illiterate.

If any pardanashin woman executes/makes any contract then she should be accompanied with any male member of her family as her contract without this is not valid.

TYPES OF PARDANASHIN WOMAN A/C

Literate Person

Illiterate Person

LITERATE PARDANASHIN WOMAN A/C

These ladies are competent to open a bank account in their ownname if such a lady is literate and can sign her name

PROCESS TO OPEN THE A/C

1.Introduction

2.NIC + Photograph

3.Salaried ----- Service Certification

4.Confirmation of Address.

ILLITERATE PARDANASHIN WOMAN A/C

In case of an illiterate woman ,it is difficult due to the Problem of verification of her thumb impression and sometime even to identify. there fore the bankers generally avoid opening such an account and suggest the opening such an account and suggest the opening of a joint account with some literate person as an alternative and he operate her account through attorney .

PROCESS TO OPEN THE A/C

1.Introduction2.NIC +Photograph--2 Photos3.Specimen Signature Card4.Thumb Impression5.Self Presence6.No Cheque Issuance

CONTRACTS WITH PARDANASHIN WOMAN

Pardanashin woman is one who according to the custom of her community observes complete seclusion. The Courts in India regard such women as being especially open to undue influence. When, therefore, an illiterate pardanashin woman is alleged to have dealt with her properties and to have executed a deed, the burden of proving that there was no undue influence lies on the party setting up the deed. The law demands that the person who deals with a pardanashin lady must show affirmatively and conclusively that the deed was not only executed by, but was explained to, and was really understood by the lady. Notice that, a lady who claims to be pardanashin must prove complete seclusion; some degree of seclusion is not sufficient to entitle her to get special protection

WHAT IS MARRIEDWOMAN A/C

Account for Special Type of individual Customer

WHAT IS MARRIED WOMAN

According to Indian Contract Act, 1872 , married women can enter into any contract just like single woman or any man.

However she may not be separate property to bind (except her husband or her personal) but still she cant sell the property at will and is eligible to receive income from the property.

She cant be declared insolvent or liable for her husband’s debt other then personal debt.But her husband is only liable to pay her debt when she is acting as his agent or she borrowed money for household need or for herself.

WHAT IS MARRIED WOMAN

Husband wont be liable if he proves he paid sufficiently for household purpose and he never asked her to borrow on his name.

She may say later stage that she was under undue influence and she didn’t understand the implementation of the contract she is currently in and thus declare the contract void.

But according to Hindu succession act 1956 she can have her property for her alone and be sole proprietor.

WHAT IS MARRIED WOMAN

Husband wont be liable if he proves he paid sufficiently for household purpose and he never asked her to borrow on his name.

She may say later stage that she was under undue influence and she didn’t understand the implimentation of the contract she is currently in and thus declare the contract void.

BANKER POSITION TO MARRIED WOMAN A/C

BE CAREFULWHEN GRANTING LOAN TO MARRIED WOMEN

IF LOAN GRANTED MAKE SURE ENOUGH PROPERTY OF HER TO LIQUIDATE

AS SHE CANT BE IMPRISONED FOR DEBT OR DECLARE INSOLVENT ,BANKER MUST ENSURE TO COLLECT THE LOAN.

HUSBAND CAN ESCAPE WIFE’S DEBT SO BANKER MUST MAKE SURE WIFE HAS HER OWN PROPERTY IN CASE OF LIQUIDATE

THE BANKER MUST USE “FREE WILL”CLAUSE IN ALL CONTRACTS WITH MARRIED WOMAN BECAUSE SHE CAN LATER APPLY FOR UNDUE INFLUENCE THUS VOIDING IT

THANK YOUBY

CHETAN KR CHANDAN