• Commercial vehicle

My wife owned a commercial vehicle and gave it to my driver 2 years back for free. He promised to get transfer its registration in his name and he took sign of my wife on sale letter for registration transfer. He has not paid the taxes since then. Now he is not willing to transfer the registration in his name and is plying the vehicle on road. I complained to police but of no use.
What should I do now?
My email address is anuradhaclinic@gmail.com
Asked 8 years ago in Civil Law

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10 Answers

1.You did a great mistake by not even having a agreement of transfer deed with her driver,

2.now of any crime has been committed through this vehicle your wife would be vicariously liable.So just pray fort hat.

3.Now immediately lodge a complaint with local police against the driver of criminal breach of trust.This alone would save your wife if the driver mad some mischief in mind.

So wakeup and meet the police.

Devajyoti Barman
Advocate, Kolkata
23656 Answers
537 Consultations

Your wife continues to be the owner of commercial vehicle

2) she has not sold the Commercial vehicle nor has any consideration been received by her

3) if driver refuses to transfer vehicle in his name take possession of the vehicle

4) in the event any accident occurs your wife would be liable as owner

Ajay Sethi
Advocate, Mumbai
99875 Answers
8150 Consultations

Inform the police that driver has not transferred vehicle in his name and you apprehend it may be used for terrorist activities

Ajay Sethi
Advocate, Mumbai
99875 Answers
8150 Consultations

Hii, it is very risky as the registration is still in your wife name .. If the car meets with my accident , the claim will be on your wife .. Moreover , if he is not ready to transfer , neither he is giving back your car,, file a police complaint of theft ..

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

Then take help of an advocate and file a petition under section 156(3) crpc.

Devajyoti Barman
Advocate, Kolkata
23656 Answers
537 Consultations

Hello,

1) You need to file an FIR about the person not complying with getting the registration transferred in his name. In addition to this make a complaint with the RTO commissioner.

2) You should have retained a copy of the sale letter and other transfer set that your wife had signed.

3) You will be held responsible for any accident or unlawful activities that he may use the car for.

You can file an FIR stating that your car is stolen by the said person and put the best back on him and be free of possible consequences.

S J Mathew
Advocate, Mumbai
3619 Answers
175 Consultations

1. Your wife acted in the most cavalier manner and threw caution to wind. Since the vehicle has not been transferred your wife continues to be the owner of it.

2. If the vehicle meets with an accident or is found to have been used in the commission of an unlawful act then your wife being the owner of it will be liable under civil as well as criminal law.

3. Tell her to immediately file a complaint against the driver in the jurisdictional police station. If they do not accept the complaint then send it through registered post.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Since your wife is possessing the letter intending to transfer the vehicle to that person she can write a letter to the concerned RTO's office stating that this vehicle has been transferred to so and so person on so and so date vide the transfer letter in your possession and ever since he had been using this vehicle, that she cannot be held responsible or liable for any damage or tax or accident subsequent to that date of transfer.

This action will protect your interests.

T Kalaiselvan
Advocate, Vellore
90073 Answers
2501 Consultations

I hv no proof of selling this vehicle. What may be the consequences, if this vehicle meets with an accident or is used in any unlawful activity?

The transfer letter in your possession shall serve the purpose to defend your interests in the event of any such causality.

T Kalaiselvan
Advocate, Vellore
90073 Answers
2501 Consultations

I have already complained to police commissioner Faridabad one month ago but police is not willing to take any action whatever the reason may be.

Police is not the proper authority for this.

You should make the complaint before the concerned RTO office.

You make a personal visit to the nearest RTO office and ensure that this complaint is lodged.

T Kalaiselvan
Advocate, Vellore
90073 Answers
2501 Consultations

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