• My bike used by accused which not transferred by his father

Dear sir
 My name is dinesh singh .the matter is I sold my bike to a person one year ago only on stamp paper aggrement only due to shortage of some paper of second party .now his son snatched a mobile phone using the same bike.and arrested with the bike also.
I am in tension now how to release my bike .is there any case made to me or not. What is the procedure to release how we handle the case.
Asked 7 years ago in Criminal Law
Religion: Hindu

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3 Answers

Since you have evidence for sale of your vehicle in the form of a stamp paper receipt, you can defend yourself against the complaint by producing the evidence in your possession. You can make a disclaimer to the case.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

After the sale of bike you are not the owner of the bike. Even though you are not fulfill the procedure for sale under MV Act , you had a valid sale agreement in your hand. So in the stolen case you are not considered as an accused

Ajay N S
Advocate, Ernakulam
4072 Answers
110 Consultations

5.0 on 5.0

you have already sold the bike by agreement entered into with purchaser

2)i rpesume sale consideration was received by cheque and you have proof of payment made

3) did you intimate RTO about sale of bike by you . It is the responsibility of the transferor to make sure that the vehicle registration has been changed in the name of the transferee,

4) 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.

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

6) you can publish public notice in 2 local newspapers that the seller shall in no way whatsoever be responsible for any misdeeds,unlawful activities or any acts of omission or commission with the bike (state make, model,type of body,registration number, engine and chassis nos.)by the buyer or any other person who directly or indirectly uses the bike for such misdeeds,unlawful activities or any acts of omission or commission. The liability of such misdeeds,unlawful activities or any acts of omission or commission shall solely rest with the buyer of the bike ."

7) let the purchaser approach police station for relase of bike . he would need court orders for release of the bike

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

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