Movable property - car
sanjay
(Querist) 30 January 2015
This query is : Resolved
Dear seniors,
I am an Advocate practicing in Chennai. I have one doubt. I need clarification from respected seniors like you.
One of my client is a Muslim guy and he married a Hindu girl before 15 years and that girl also converted to Muslim.
That girl’s aunt (sister in law of that girl’s mother) was an Advocate. Recently she died. Before her death her husband also passed away. They have no issues. My client and his wife were only taking care of her till her death.
Before her death she executed a registered WILL. In that WILL she bequeathed her properties to her relatives’. The deceased does not have any direct legal heir. Only her husband’s brother and sister are alive now.In that WILL she bequeathed her Car to my client. But the RTO office is refusing to transfer the car in my client’s name. They need Government Pleader opinion for that. But it is more than one month now and still they have not sent the papers to the Government Pleader.
Please clarify if this can be cleared without any NOC from the Deceased’s husband’s brother & sister or other relatives who has benefited in the WILL.
There is any citation or act in tamilnadu transport act for that.
Thanking all
P. Venu
(Expert) 31 January 2015
Let the RTO get the opinion; in the meanwhile, you may also obtain a legal opinion from an eminent advocate and submit to the RTO.
Rajendra K Goyal
(Expert) 31 January 2015
Wait till the opinion of Government pleader is received. You can proceed to get the probate of the will.
Guest
(Expert) 31 January 2015
Needless to emphasise, your client has acquired the the vehicle through a will of a deceased person in her favour. According to section 50(2)(a) of the MV Act, where the person in whose name a motor vehicle stands registered dies, there is a clear provision that the person succeeding to the possession of the vehicle shall make an application for the purpose of transferring the ownership of the vehicle in his name, to the registering authority in whose jurisdiction he has the residence or place of business where the vehicle is normally kept, as the case may be, in such manner, accompanied with such fee, and within such period as may be prescribed by the Central Government.
So, there was no need to refer the matter to the Government pleader, as the RTO, himself was competent to register the transfer.
Anyway, as advised by the experts, it will now be better to wait for the opinion of the Government pleader.
ajay sethi
(Expert) 31 January 2015
agree with dhingraji
Dr J C Vashista
(Expert) 01 February 2015
Very well explained and advised by expert Sh. PS Dhingra, I fully agree and appreciate.
The RTO/ MLO is unaware about the legal proposition, do not want to read the law on the subject and pass on the buck to their legal branch, hence referred the matter to Govt pleader before taking any decision, which is sham and unnecessary.
T. Kalaiselvan, Advocate
(Expert) 01 February 2015
Alternately you can convince the RTO quoting the relevant law which has been made known here by experts and seek his intervention.
