Part payment in vehicle & death of owner
Shiv
(Querist) 27 August 2014
This query is : Resolved
Recovery of personal lending:
A car is purchased in December 2011.
I contributed 50 % of amount in purchase and 50% amount is contributed by my friend. Car is registered in my friends name. Now unfortunately my dear friend passed away. He was a good man and man of word. But now as per law his legal heir is going for transfer of car. That is fine for me but he is also denying me of my share of investment in car. He is not willing to repay my contribution in car.
I want to recover my investment in car from Legal heirs is it possible to do that based on below facts.
I have following documents as proof of payment:1. I have transferred my 50% payment through RTGS direct to car shop which reflects in my bank statement.
2. I have made payment to Insurance Company toward Car Insurance Policy which
reflect in my bank account.
3. I have paid for one time road tax to RTO, I have original receipt of it.
4. Till date possession of car is with me.
5. I do not have any written agreement.
6. What are my remedies? Can I go for succession certificate or declaration of title?
Kiran Kumar
(Expert) 27 August 2014
You wont get a Successions Certificate in this regard as you are not a Legal Heir of your friend.
Now your trouble is that there was no agreement between you and your friend qua the Car in question, further the Car is in the name of your friend.
It will not be possible for you to go for recovery of amount of your share in the car.
Even if you file a suit for recovery of amount paid by you to your friend, against his estate, the same may invite more trouble to you.
It will be better to settle the matter with the other party in amicable manner.
malipeddi jaggarao
(Expert) 28 August 2014
He is good friend of you. You have all the proofs of your contribution though it was registered in his name and the possession is with you. This is a friendly understanding. If the children of your friend are no willing to give you the money you have invested, there are two ways:
1) You must be having common friends who are known to the children of your friend. Better have an amicable solution by roping-in such people stating that their father gave you possession without any papers and now if they deny for repaying the contributed amount it would be against the wish of their father.
2) Why you have invested like that? Why he left possession with you? You did not clarify.
3) As a last resort, deny giving the possession of the car to them. Wait and see what they are going to do.
In any case, get back your money tactfully without hurting the sentiments and friendship.
Rajendra K Goyal
(Expert) 28 August 2014
legally you have weak case in your favor. Try to have amicable solution.
Shiv
(Querist) 28 August 2014
Thank you all experts. Well there seems little hope to recovery. Anyway as far as point no. 2 raised by Mr. Malipeddi Jaggarao, the possession of vehicle was with me as he was working in other city and already had a vehicle there to travel and whenever he used to visit my city we could use the car and on other time it was used by me. It was a personal understanding between two friends And secondly friend was short of money and I invested my money as private loan to be return in due course of time.
Thank you experts.
Biswanath Roy
(Expert) 29 August 2014
If the car is in your possession your invested money can be recovered. Propose the legal heirs of your deceased friend to sell the car to you against payment of 50% value of the vehicle.
T. Kalaiselvan, Advocate
(Expert) 31 August 2014
I endorse the opinion of expert and Senior learned advocate Mr. Biswanath Roy sir in this regard, with the proof of your payment towards the purchase of car in your possession, you can turn the plate stating that you have already entered into sale agreement with him by paying 50% of the purchase price and are ready to make the balance payment and get it registered on your name or to return the amount paid by you, this will make your deceased friend's legal heirs to think about the issue and will come for a compromise.
V R SHROFF
(Expert) 31 August 2014
Agree with Shri TK suggestions. try
