Zamant (bail)
Guest
(Querist) 29 August 2011
This query is : Resolved
sir,
i have a query.
a person who has taken zamanat (BAIL) say on the documents of his/her moterbike, does he have legal rights to sell the moterbike any time (considering the BAIL is still on)
pls advise.
thanks, alark
Guest
(Expert) 29 August 2011
the bail is given for certain amount. If any dispute arised in future or the person fails to comply with bail conditions, if bail cancelled, he or the surety has to pay the court the amount which is undertaken.
Kiran Kumar
(Expert) 29 August 2011
rightly advised by Mr. Ganesan
or in the alternative, a fresh surety of equal amount can be furnished with the permission of the court....the original surety will be released.
Raj Kumar Makkad
(Expert) 29 August 2011
There is no hurdle to dispose off the property, the documents of which shown while taking bail of some accused person.
prabhakar singh
(Expert) 30 August 2011
Articles or belongings or property shown in bail cases are just to show status and do not create any lien of court over the property shown as depositing bail amount when accused
fails to appear may sufficiently exonerate the surety.
The alternative suggested by Mr.Kiran Kumar is a foolproof way to go ahead for buyers of such properties.
M/s. Y-not legal services
(Expert) 30 August 2011
Dear, author, you have to note one thing,. Any movable propertys can't be considered as a surety.. The surety property should be immovable property, or any fixed deposit bonds. While being you your query is meaningless..
Guest
(Querist) 30 August 2011
dear tom,
not very sure if you are correct to say that. but to my knowledge a movabla property (say car, moterbike) is surely an security that is taken by court as surety (ZAMANAT).
correct me if i am wrong.
thank you.
M/s. Y-not legal services
(Expert) 30 August 2011
On the other hand, if your bike is accepted as surety mean you have to produced the registration certificate's original with court's custody. Then how you can think about sale your bike?
Guest
(Querist) 30 August 2011
court never keeps custody of the registration papers (originals) of the bike or car, it only seals/chops the document (i.e. the owner has put the same as security / ZAMANAT) and returns the papers back to the holder.
pls check and advise.
guys,
my question becomes open again - can a bike/car (taken as ZAMANAT) with court chopped (for ZAMANAT) registration papers, be sold during the period it is continuing as surety for ZAMANT.
looking forward to your valuable feedbacks.
thank you.
M/s. Y-not legal services
(Expert) 30 August 2011
Yes.. Usually the movable property's documents can be mutated very easily. So court will not allow that kind suretys. If court grand bail on surety mean its not as court believing that guarantor. Just for the property..
M/s. Y-not legal services
(Expert) 30 August 2011
No. Never. First of all court will not allow movable property's surety. If its accepted mean you have to produce the original r.c with court's custody. Am sure.
Guest
(Querist) 30 August 2011
ok, to let you know i myself is a victim of false 498a and on BAIL that is on vehicle and the chopped R.C. are returned by court.
just FYI.
Guest
(Expert) 30 August 2011
I think it is return of property. The original RC has been retained by court and given on interim custody. check it with your advocate. No more assumptions there after
