Sachin 11 June 2026

Car on superdari

Hello, in yr 2013, my sister was doing live in with a guy. During that time my sister drew a cheque of Rs 1.8 lacs in Favour of car dealer and another 1.8 lacs to car dealer account through online transfer. The guy (accused), got all the payment receipts in his name from car dealer in Gurgaon. All the payments made by my sister are reflected in her Bank passbook and bank statement. the accused got the car registered in his name and ran away with the car. The car was registered in Delhi RTO. My sister did a case under section 476/576 and 376 in gurgaon district court. The accused was arrested after 4 months since he was not traceable. On his arrest we came to know from IO that he has few other cases of fraud on him by some other ladies. well there was only one case but the car hearing was under a different judge and the judge gave us a superdari release order and we took custody of the car with us. The car is with us for last 13 yrs. in next 2 yrs, the car is of no use since in NCR region we have to scrap the car after 15 yrs. the case under section 376/476/576, was under a different lady judge and she freed the guy saying that my sister was living with her at her own will. We did not have patience to contest the case and so since last 13 yrs we never filed another case to contest it. we got the car. now we want the car to be transferred under my sisters name so that we can sell it or we can scrap it after 2 yrs. How can this be done. what case should be filed in Gurgaon court for car transfer in my sisters name. We dont know where is the accused. He may be in jail in other cases or whatever. we stay in ghaziabad and so the car needs to be registered in Ghaziabad in my sisters name. pls note we dont want to contest the release of the accused. what should be Plan A and plan B depending on Judge decision ?

Reply Follow

12 Replies

Real Soul.... (LEGAL) 12 June 2026

You can transfer the car on upon court order. You have to get decree for ownership

Sachin 12 June 2026

Do we need to file civil suit for declaration ?

Real Soul.... (LEGAL) 12 June 2026

When the vehicle was released on Supardnama (interim custody), did the court pass any specific order regarding its status? Specifically, did the court explicitly observe or record anywhere that the vehicle was fraudulently or forgeably possessed by the opposite party?

The most effective strategy is to file a civil Suit for Declaration to establish your sister's absolute and lawful ownership over the car. Given the circumstances, the defendant is highly unlikely to appear or contest the matter. Consequently, you can smoothly secure an ex-parte order and subsequent decree in her favor.

To solidify the case, you can produce the car dealer as a key witness to testify that the purchase consideration was entirely funded from your sister’s bank account. Additionally, you can place on record certified copies of other pending criminal cases against the accused to establish a consistent pattern of fraud."

Sachin 12 June 2026

Thanks a lot. our lawyer gave us only superdari release order. He did not give us any other document. also we cannot run around again after 13 yrs to follow up with car dealer to call him to court.

Real Soul.... (LEGAL) 12 June 2026

Please note that receiving the car on Supardnama means the court has appointed you strictly as its legal custodian, not its permanent owner. Because of this interim status, the accused could potentially file a competing claim later and create legal complications for you.

To permanently resolve this issue, you should not attempt to alter, cancel, or dispose of the vehicle independently, as doing so violates your court bond.

Instead, the safest legal route is to file a civil Suit for Declaration to secure absolute ownership, while simultaneously moving an application before the criminal court requesting formal permission to dispose of or transfer the vehicle.

Even if you intend to seek the cancellation of the car's registration through proper legal channels over time, you must protect yourself financially. To do this, secure an official valuation certificate from a certified motor garage, stamped and verified by a registered Chartered Accountant (CA). This document will serve as definitive proof of the vehicle's actual market value and condition at this point in time, protecting you against any exaggerated financial claims or liabilities raised by the opposing party in the future.

Sachin 12 June 2026

Originally posted by : Real Soul....
	Please note that receiving the car on Supardnama means the court has appointed you strictly as its legal custodian, not its permanent owner. Because of this interim status, the accused could potentially file a competing claim later and create legal complications for you. To permanently resolve this issue, you should not attempt to alter, cancel, or dispose of the vehicle independently, as doing so violates your court bond. Instead, the safest legal route is to file a civil Suit for Declaration to secure absolute ownership, while simultaneously moving an application before the criminal court requesting formal permission to dispose of or transfer the vehicle. Even if you intend to seek the cancellation of the car's registration through proper legal channels over time, you must protect yourself financially. To do this, secure an official valuation certificate from a certified motor garage, stamped and verified by a registered Chartered Accountant (CA). This document will serve as definitive proof of the vehicle's actual market value and condition at this point in time, protecting you against any exaggerated financial claims or liabilities raised by the opposing party in the future.

can you pls refer to us a Lawyer in Gurgaon for gurgaon court. there r so many lawyers and it is difficult to come to a conculsion who has knowledge on the subject matter

Real Soul.... (LEGAL) 12 June 2026

Don have any idea about Noida , just cautioned you against any consequentail worries.

Just you need to file case that will help you to protect your interets .

Anyway you just need an advocate who would charge you less and just ask him to file case and during the case you can seek interim releiefe of permission to sell the car or scrap the car.

The benifits of filing suit will be that you submit the proof of payments towards car- you mention currant value of car- you will submit the details how the fraud was played on your sister .

That is enough for you , just after sometime get permission from court to sell the car and or scrap the car.

Find some good even just 2-3 years experienced advocate

Dr. J C Vashista (Advocate ) 13 June 2026

As stated by you what is the relevance of filing complaint by your sister u/s 376/476/576 IPC against the accused , wherein section 376 IPC deals with punishment for the offence of "rape"

Section 476 IPC provide punishment for "counterfeiting or possessing counterfeit devices, seals, or marks used for authenticating documents (other than high-value securities like wills or valuable records" and

there is no such provision numbered as 576 in IPC. ?

T. Kalaiselvan, Advocate (Advocate) 13 June 2026

You had remained silent for all these 13 years and now only are awakening about the thought of the car, you may approach your own advocate to file a petition before the same court and seek for custody and transfer of car to your name with directions to the concerned RTO for doing the needful.

P. Venu (Advocate) 16 June 2026

"....................the case under section 376/476/576, was under a different lady judge and she freed the guy saying that my sister was living with her at her own will." Obviously, the offences have been wrongly mentioned.

However, when was the matter finally decided? What is the Case No.? Which Court? Does the order mention anything about the custody of the vehicle?

Sachin 16 June 2026

Police filed the sections. we did not. we did not contest the case further. we were tired of going to courts. Superdari release order mentions that my sister can keep the car . this is Gurgaon court.