Civil Procedure Code (CPC)

Vehicle being used by relatives


Hi all,

I own a two wheeler vehicle which is in possession of my daughter's in laws. My daughter is no more in this world, so her in laws and I are not in talking terms. I don't want to file an FIR for stolen vehicle. Is there a way I can inform RTO that although the said vehicle is registered in my name but it is not in my possession? 

 
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Secunderabad/Highcourt practice watsapp no.9989324294

the vehicle might be transferred from one person to another which would mean that the name of the owner of the vehicle in the registration certificate also has to change. The government has made the facility of transfer of ownership of the vehicle from one person to another available. There is a set procedure to do so.Approach R.T.A. office nearby.

 
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Addl District & Sessions Judge

do it as early as possible
because registered owner is responsible for the accident caused by use of such a vehicle

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you want to take vehicle back or are interested to get ownership changed.
 
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just send the notice with the help of advocate asserting, that you want possession of the vehicle which is owned by you, it will work and if they deny then this thing will act as an evidence to support your argument in future.

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Addl District & Sessions Judge

you can send a legal notice To handover the possession of such vehicle.
if they don't comply with the notice
then you can initiate appropriate legal proceedings by taking advice from a lawyer.
 
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Student

Hello!  

If you want to get back the possession of your vehicle you can do so under the Specific Relief Act,1963. Since the scooter is registered under your name, you can file a suit for recovery of possession which can be done under the Specific Relief Act,1963. Section 7 and 8 of the Act contain provisions for the recovery of possession of a specific movable property.   

Section 7 says that a person entitled to the possession of the movable property may recover it according to the manner provided under Civil Procedure Code,1908. Before filing the suit before a civil court, you should make sure that you have the right to immediate possession of the property. According to Section 91(b) of the Limitation Act, 1963 the suit of recovery should be filed within 3 years from the date when the property is wrongfully taken.  

Section 8 of the Specific Relief Act,1963 says that the person who is not the owner of the property shall be specifically ordered by the court to deliver it to the person entitled to the immediate possession of the said property. Therefore, you can contact a lawyer to file a suit under-recovery of possession and he can guide you as to under what section the suit can be filed and the proceedings for the same.   

Regards  

Vasundhara Singh  


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