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Sk Rajjak Hossain (Querist) 28 August 2016 This query is : Resolved
I have purchased a car in the name of my father in law on 2014. As per RC owner is father in law but 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 and her parents has sale the car but ownerahip yet to changed also setteled customer has made the financer's dues. 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.

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Dr J C Vashista (Expert) 29 August 2016
1. The court shall proceed against you as per prescribed procedure and punish you as per law on being convicted.
2. During pendency of case your wife or in-laws can not transfer ownership of the case property (car) without permission of court otherwise they will have to indemnify the court for Rs. 6 lakh. Whatsoever, it cannot be transferred in your name on the strength of two EMIs paid by cheque, which you may recover.
3. The case property (car) has to be released to its registered owner (your FIL) but not your wife, in any case. If your wife has taken over, submit application to the magistrate (with evidence) and enjoy the tamasha.
What is the opinion and advise of your lawyer?
Why do you need second opinion/ advise from experts on this platform when you have already engaged a lawyer?