Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
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After accident can i sell the vehicle

Querist : Anonymous (Querist) 21 November 2023 This query is : Resolved 
I recently met with accident and the victim died insurance was not current at the time. And the vehicle was in my fathers father expiered 2yrs back..I got the vehicle after mi inspection and. I was filed with 304a case I plan to get a new car for me ..can I repair and sell the car wich met with the accident ??
S.JEEVAGAN, Madurai. (Expert) 21 November 2023
Your vehicle would have been returned to you only after recording your undertaking that you would produce it before the police / court whenever it is required / demanded during the investigation /trial as the case may be. Therefore, you will not be permitted to sell your car involved in the accident probably till the disposal of the criminal case. So better not to invite trouble for yourself by selling your car which is the case property of the pending criminal case.
Sudhir Kumar, Advocate (Expert) 21 November 2023
Were you driving vehicle?
kavksatyanarayana (Expert) 21 November 2023
No. You cannot sell the car till the accident case is closed.
T. Kalaiselvan, Advocate (Expert) 21 November 2023
The vehicle is involved in a criminal case, hence the general restrictions is that the vehicle cannot be sold until the said criminal case is disposed.
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.

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