Court condemned
Sk Rajjak Hossain
(Querist) 28 August 2016
This query is : Resolved
forum
Home
Court condemned
Total Replies : 5
by
Sk Rajjak Hossain
on 28 August 2016
I have purchased a car in the name of my father in law on 2014. All kinds of responsibility is mine like financer's payment and any others related to car. Ihave made nearabout 28 payment to financer. Out of 28 only 2 emi paid via chq which was transferred from my account to father in law account and rest emis paid via cash to financer. At the time of payment financer has provide me the payment proof and taken my signature on their duplicate payment proof. Now my father and mother in law trying to captured my all property due to this terget they are setup their daighter and put a case against me... clamming thay I have theft that car. Due to this reason I have arrested and police has recovered that car from showroom where the said car stands for servicing. As per I/Os report car to be returned to registered owner but the same has returned to my wife with the bond of rs 6lakh also order that same need to be shown when court will call for, this car's natured caharacter not to be changed, sale and handover not to be done also colour not to be changed till case disposal. Post received the car from the court my wife ant her parents has sale the car but ownerahip yet to changed. Kindly suggest below points 1.what kinds of actions to be taken by court. .. 2.is there any possibility to get the car in fevour of mine. 3. Post selling this car in what ground they are easily rescue from non abiding court's order. Need you suggestion to clear the above point ASAP. Thank you.
Raj Kumar Makkad
(Expert) 29 August 2016
Court can take action only if the ownership of the car is legally changed or the violation of the any of the conditions is made by sapurdar of the car. No action can be taken just handing over the car to some other person without getting the change in ownership.
Rajendra K Goyal
(Expert) 29 August 2016
1.what kinds of actions to be taken by court. ..
Ans; No action can be taken till ownership is changed.
2.is there any possibility to get the car in fevour of mine.
Ans; No possibility, loan car is in the name of father in law. Any person can deposit EMI on behalf of borrower.
3. Post selling this car in what ground they are easily rescue from non abiding court's order. Need you suggestion to clear the above point ASAP.
Ans; No sale legally effective / established till documents of sale executed and submitted to RTO for change of ownership.
Rajendra K Goyal
(Expert) 29 August 2016
repeated query:
http://www.lawyersclubindia.com/experts/Suggestions-required-613981.asp
Raj Kumar Makkad
(Expert) 31 August 2016
If the query was repeated then it was wrongly attended by me and some other experts. I could not smell its repetition.
Sk Rajjak Hossain
(Querist) 06 October 2017
I had appld at District judge cour and order given as
" It has prooved that you had paid all the EMIs along with downpayment and due to some other issues car has been purcharses in the name of your father in law, it was also proved that ownership has been changed as well as car has sold. But court has no business to interfare on this matter as the main case is pending"
Now my point is that is this a correct order??
Someone is violating the order where its proved infront of court , but court has no way to take any action
Kindly revert
Rajendra K Goyal
(Expert) 07 October 2017
Orders of court is correct till challenged and hence reversed by the competent court.
