Accounts of Married Women ๐ฉ
Historical Context: Earlier, women had limited property rights. Today, a married woman has full power to open and operate bank accounts in her own name.
Legal Status: She can enter into contracts and bind her Stridhan (personal property).
Key Rules for Bankers ๐
1. Husband's Liability ๐คต
- General Rule: Husband is NOT liable for debts taken by wife.
- Exception: If loan is for "necessaries of life" (food, shelter, household) suited to their status, husband may be liable (Agency of Necessity).
- Banker's Precaution: For big loans, usually bank asks husband to be co-borrower or guarantor.
2. Joint Account with Husband (E or S) ๐ซ
- Commonly opened as "Either or Survivor" (E or S).
- Meaning: Either husband or wife can operate. If one dies, money goes to Survivor.
- Dispute: If they fight/divorce and one informs bank to stop payment, bank must stop operations and ask for joint instructions.
3. Illiterate Women โ๏ธ
- If she cannot sign, use Thumb Impression (Left Thumb usually).
- Must be witnessed by bank officer or known person.
- Photo is mandatory.
4. Pardanashin Women ๐ง
- Women who observe strict purdah (seclusion) and don't interact with outside men.
- Risk: She might claim she didn't understand the contract (Undue Influence).
- Precaution:
- Banker must ensure she gets independent advice.
- Contract explained to her in her language.
- Witnessed by trusted person.
Married Women's Property Act (MWP Act) ๐ก๏ธ
Section 6: If a husband buys an insurance policy under MWP Act for benefit of wife/children:
- The money belongs ONLY to wife/children.
- Husband's creditors CANNOT claim it (even if husband goes bankrupt).
- It creates a Trust.
Quiz Time! ๐ฏ
Test Your Knowledge
Question 1 of 5
1. Is husband liable for wife's overdraft?
๐ก Final Wisdom: "A married woman is an independent financial entity. The husband is just a spectator unless he signs as a guarantor!" ๐ฉโ๐ผ
Next up: Partnership Firms - Joint liability! ๐ค
