• Is sale vehicle without knowledge of owner legally possible?


I am 62yrs old and my son aged 28yrs(married) He is working in the reputed Pvt Co. earning Rs.30,000/- pm. He has taken my car in the month of Dec-2015 for his personal use (which was self-aquired by my own salary in the year 2012). Still he kept the car with him till today, several times I told him to bring the car, but he is refusing to bring the car back to me. He is threatening me that he want to sell the car in this month (Dec-2016) without my knowledge because he is in need of money. 
Is it legally possible? him to sell my car without owners PERMISSION and kindly advice, how it legally possible for me to get my car back from him.
If suppose, he sell the car without my knowledge, then kindly suggest me how to deal with the problem?

Asked 7 years ago in Property Law
Religion: Hindu

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4 Answers

1) son cannot sell the car without your consent

2) for sale of car you have to deliver RC book to purchaser

3) According to the Indian Motor Vehicle (IMV) Act , the transferor has to intimate the Regional Transport Offices (RTO) within 14 days of the transfer of ownership. Similarly the Act also instructs the transferee to inform the RTO about the change in vehicle ownership and produce all the required documents within 30 days of the transfer.

4) The transferor is required to fill Form 29 while the transferee is required to fill in the Form 30,

5) file police complaint against your son under section 406 of IPC for failure to retrun car borrowed by him

6) if he sells the car file police complaint against your son for cheating under section 420 of IPC

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

1.When he has already sold the car there is no point in pondering whether he could sell or not.

2. Now if you want redress then you have two options-

i. file a criminal case of criminal breach of trust u/s 406 IPC,

ii. file a civil suit for recovery of money.

3. His actions was surely illegal but being a father you gave to decide whether you would condone actions or take legal recourse.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

If the car is registered on your name, you only have to sign the transfer form for selling the vehicle.

Any action done by your son on your behalf would be an illegal act if you have not authorised him to do so.

You should send a written communication to the concerned RTO office to not to entertain any such transfer without your knowledge or consent since you expect a fraudulent transfer in this regard by your son or his representatives by forging your signature.

This would make sure that he would not be able to sell the vehicle without your permission and for recovery of possession you can send him a legal notice to return the same.

You should take care of the relationship as well if you propose to initiate any legal action in this regard.

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

Only the owner can sell the vehicle. File a police complaint for theft and cheating against him in the jurisdictional police station if he does not return the vehicle. Also make a newspaper publication informing the general public to not to buy the car from him. This apart,send an intimation through a registered post to the RTO asking him to not to issue the registration certificate to the prospective buyer.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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