• Selling of car in July 2015

I Sold my car in July 2015 to a person called Omprakash. I got all the paper work done. Transfer of ownership got done smoothly. Now this car which I Sold 2years back got seized by Crime branch with drugs. I have lost my papers of transfer. The IO is saying the person you sold the car is not the one. Someone used the forged I'd for the car which I was unaware at that time. Now my question is Am I liable for any criminal legalities. 

Naren
Asked 8 years ago in Criminal Law
Religion: Hindu

4 answers received in 2 hours.

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12 Answers

Now my question is Am I liable for any criminal legalities.

you should find those documents because when you produce those documents then you will be exonerated from the offence. it is immaterial that that ID was forged. you can take protection of section 76/80 of the IPC because you did in bonafide and under mistake of fact.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

1) you sold the car and signed the necessary forms for transfer of car ownership in name of purchaser

2) according to the Indian Motor Vehicle (IMV) Act 50, 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.

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

4) if car has been transferred in name of purchaser in RTO records you are not liable for any misuse of car for transportation of drugs

5)if some one has used forged id of car you are not liable for any criminal prosecution

Ajay Sethi
Advocate, Mumbai
99971 Answers
8159 Consultations

If the transfer of ownership is not completed, then if there are any legal offence involving the vehicle, the person on whose name the vehicle is registered at the time of the incident, may be held liable.

The transferor and the transferee should file an application before the change of ownership and forms have been provided for the purpose. The transferor is required to fill Form 29 while the transferee is required to fill in the Form 30.The original owner who is selling the car, must inform the RTO with which the car was registered about this transfer, by sending a letter with information about the new owner within a period of 14 days. In case the new owner falls in jurisdiction of another RTO, then the owner has to inform that RTO by sending a similar letter. On receiving an acknowledgement of receipt of the letter from the RTO, the seller is indemnified of all legal, tax, traffic, criminal and other liabilities pertaining to the car.

Meet a local lawyer .The person who possess the contraband article is liable first.You have to prove your innocence and show transfer of vehicles documents before two years

Ajay N S
Advocate, Ernakulam
4125 Answers
114 Consultations

you are not guilty of criminal conspiracy

2) car was transferred in name of purchaser in RTO records

3) you relied upon id proofs given by purchasers . you were not aware that id proofs were forged

Ajay Sethi
Advocate, Mumbai
99971 Answers
8159 Consultations

Dear concerned

No you are not liable for such an act, you should however visit the concerned RTO and apply for certified copy of the transfer papers . In case they don't give then file an RTI and ask for the parts of transfer of the said vehicle .

Once with you keep them and show to the police office if needed.

Best of luck

Atulay Nehra
Advocate, Noida
1316 Answers
58 Consultations

1. It was your duty to ascertain that the id proof you were shown were indeed of the person who purchased the car from you. However, it was not a further duty to find out that the id proof was genuine.

2. If you have the delivery note and you sent the intimation to the RTO as mandated under Section 50 of Motor Vehicles Act then no civil or criminal liability subsists on you.

3, If any case gets registered against you then you may move the High Court for the quashing of the FIR.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

If you have sold the car by observing the requisite formalities in this regard then your liability is over.

The police cannot put pressure on you for somebody's mistake.

Please ensure that whether the buyer got the car transferred to his name at the time of sale.

The police may call you for inquiry which you should concentrate properly and give statements actively.

T Kalaiselvan
Advocate, Vellore
90173 Answers
2505 Consultations

If some used the wrong I'd proof to get the delivery of the car from me and they got the car ownership done as well 2years back. So how come I am liable for any mishappening now . As per Investigating office I am liable for consiparacy. Which is not right. I don't have contact or connection with such criminals.]

You cannot be held responsible provided you have documentary proofs to prove that you have already sold the car at so and so time and date.

T Kalaiselvan
Advocate, Vellore
90173 Answers
2505 Consultations

you are not mentioned as accused in the FIR

2) you deny the allegations that you sold car on wrong id proof

3) you are only witness in the case

4) no need to take stress

Ajay Sethi
Advocate, Mumbai
99971 Answers
8159 Consultations

You should have signed the summons issued by court to attend the court as witness to the current case.

There is nothing wrong in it.

You may attend the court for deposing evidence ion the date of hearing without fail or else the court may even issue a bailable warrant agaisnt you for not appearing before court.

T Kalaiselvan
Advocate, Vellore
90173 Answers
2505 Consultations

1. Why did you sign any document before IO? You should have consulted your lawyer before doing this.

2. Unless the bond you signed is seen it is not possible to advise.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

The duty of the investigation officer is invest the crime and take out the truth and submit before the court through charge sheet.It is your duty to cooperate with him. If it gores to a harassment file complaint before police complaint authority against him. From the Rc book he could not find out the present owner of the car so he bring you before the court for giving the evidence .

Ajay N S
Advocate, Ernakulam
4125 Answers
114 Consultations

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