To sell a vehicle involved in accident case
Querist :
Anonymous
(Querist) 09 December 2011
This query is : Resolved
I was involved in an accident last year. It was a minor accident but the case was filed against me. One hand was slightly fractured so for compensation they filed the case. I was given bail after 2 hours from the police station and the vehicle was given to me the next day. Now the case is in the court .
My question is that after one year when i am selling the vehicle the RTO clerk is not transferring the vehicle in the name of the new owner because there is a accident case registered against me. My papers are intact , insurance cover was there , there is no loan or liability , then why he is not transferring ? I told him that i have not signed any court bond to release the vehicle but still he doesn't listen
What does the law say , Pls advise. Your response will be highly appreciated.
M.Sheik Mohammed Ali
(Expert) 09 December 2011
yes, you could not transfer your vehicle any one until finalised your case.
adv. rajeev ( rajoo )
(Expert) 09 December 2011
Yes, clerk is right because there will be condition of the court that till the disposal of the case vehicle cannot be transferred or laineate
Querist :
Anonymous
(Querist) 09 December 2011
But sir , my vehicle is not a case property nor it is released by a court bond. I consulted my lawyer and he said there is no such procedure in the court. He said there are thousands of accident cases , the court cannot ask the RTO not to transfer unless it is a major offence like carrying bomb , robbery or murder etc . Pls advise
Raj Kumar Makkad
(Expert) 09 December 2011
The opinion of your lawyer is not genuine. Law is very clear. Your vehicle was released on sapurdari with a condition that you shall not sell it during the pendency of the criminal case pending against you so even though you have sold your vehicle but the same shall stand in your name till the finalization of the criminal case and it cannot be transferred as on date.
Shonee Kapoor
(Expert) 09 December 2011
Agreed with detailed opinion provided by Ld. Mr. Makkad.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 09 December 2011
You can not sale a criminal case property handed over to you on your undertaking unless the case terminates or you get an order from the court to sale.But be sure court shall not grant you any such permission.And sale, if any, made by you would be treated as violation of courts order and undertaking furnished by you.
Querist :
Anonymous
(Querist) 10 December 2011
Thank you Sir for the advise.
But i have not signed any papers or given any undertaking at police station to get back my vehicle.
Shailesh Kr. Shah
(Expert) 10 December 2011
Ask Same question to your lawyer and you would find answer.
Querist :
Anonymous
(Querist) 10 December 2011
I did. He told me to sell the vehicle. Infact 4 months back when i was going to sell the vehicle i even asked the cops , they just asked me what price i am asking for the second hand vehicle , then they told me okay you can sell the vehicle. I even asked the court clerk , he told me that if it is released on a court bond then you cannot sell but if you got it from the police station then you can sell.
I dont understand why the RTO clerk is reluctant to transfer the vehicle.
Querist :
Anonymous
(Querist) 12 December 2011
Thanks Sir, Infact i did. First time his higher authority told him to write a letter to the police station that we have received a request for transfer of a accident vehicle and if you have any objection let us know in 10 days or else we transfer the same. This clerk did not do it. He waited for a month and meanwhile even his superior got transferred . Then he wrote a letter changing its content and gave it to us and told us to go to police station and get a reply. All this started because at first my vehicle was listed at RTO as a lost vehicle with a look-out notice. I told this to the superior and he admitted that this is an error from their side and will do the needful.
Honestly with various people that i spoke to i feel that there is no clear law. In an accident case once you handover the vehicle to the accused then why will the police or the court will need the vehicle . If the vehicle is damaged during the accident then photographs are taken but if the vehicle is not damaged even a little bit as in my case then why should we not sell it .
The Cops are not clear , the RTO doesn't have a clear direction or a rule to refer and my lawyer says that there is no such procedure in the court for vehicles which are NOT released by a court bond. One can sell it anytime.
