Car cannot be transferred in name of niece without consent of other legal heirs 

complain to RTO against fraudulent transfer 

3) file suit  to set aside fraudulent transfer 

Dear Client,

1. Transfer Without Signature of All Legal Heirs: Generally, the transfer of a deceased person’s vehicle should not be affected without the consent and signatures of all legal heirs, unless there was a valid will or nomination stating otherwise. If no nominee was assigned and no will exists, all legal heirs are required to agree to the transfer. The fact that the car has been transferred without your consent suggests possible fraudulent activity.

2. Obtaining Transfer Records: To challenge the illegal transfer and gather evidence, you should file an RTI (Right to Information) application to the Panchkula RTO. This application should request details of the transfer, including the application form, supporting documents, and signatures involved in the transfer process. Additionally, lodge a formal complaint with the Panchkula RTO, detailing the unauthorised transfer and requesting an investigation into the matter.

3. Civil Action: You can file a civil suit in the appropriate court challenging the transfer and seeking the return of the car to its legal heirs. The court can issue an injunction to prevent further use or transfer of the vehicle until the matter is resolved. This legal route helps to establish the rightful ownership of the vehicle among all legal heirs.

4. Criminal Action: Considering the potential fraud, you can also file a criminal complaint with the local police or magistrate against your elder brother and his daughter. The complaint should allege forgery, fraud, and illegal transfer of property. Provide evidence of the previous fraudulent activities related to your younger brother’s belongings to strengthen your case. By following these steps, you can take appropriate legal action to address the unauthorised transfer and seek justice for the rightful legal heirs.

- As per law, after the demise of unmarried brother , his property and assets would be devolved upon all his legal heirs, i.e. his parents, siblings, and grandparents.

- Hence, after the demise of your brother , his assets like car cannot be transferred to daughter of your younger brother

- Further, if it is transferred without taking the consent of other legal heirs, then you can lodge a complaint to the  police for fraudulent and also to RTO for cancelling the transfer with immediate effect. 

The class I legal heir of your deceased unmarried brother is your mother, if she is not living then the cl;ass II legal heirs namely your father, if he is not living then his siblings shall be entitled to a share in the properties left behind by the deceased.

Hence you may file a suit for partition in the capacity of class II legal heir seeking a share in his properties including the car as a right before the civil court. 

The transfer of name of car to your brother's daughter is invalid and illegal 

File RTI application with RTO as to how car was transferred in niece name without consent of legal heirs 

2) issue legal notice to RTO to set aside fraudulent transfer 

The SDM or the RTO has nothing to do with this fraudulent act of your brother.

As the car devolves on the legal heirs of the deceased, the legal heirs can approach court of law seeking partition or selling of car and to distribute the sale proceeds to all the legal heirs 

Thus the legal heirs/successors in interest can proceed through court to file a suit for partition or sale of car and for getting their respective share of the consideration amount.

Neither the police nor the RTO nor the SDM can be of any help to you in this connection

- You can issue a legal notice to the said SDM to ask the details of the documents on which the transfer was taking place. 

- Further, lodge a complaint to the higher police official , if police refused to lodge an FIR. 

- Further, file a partition suit before the Court for claiming the share in the property and assets. 

Since the SDM has assured that the car will be blacklisted, this prevents the car from being sold or transferred further. However, to initiate criminal proceedings, further action is needed.

Your friend should formally request the SDM to write a letter to the police department, asking them to investigate the alleged fraud. This letter will be crucial in initiating a police investigation.

Once the SDM writes to the police, your friend can file an FIR (First Information Report) at the local police station. The FIR should detail the fraudulent transfer, missing RTO file, and false accusations against your friend's son.

Investigation Process:

• 
  Document Verification: The police will investigate by verifying the transfer documents, signatures, and any other paperwork involved in the car's transfer.
• 
  RTO Records: Even if the physical file is missing, the RTO should have digital records or backups that can be retrieved to verify the authenticity of the transfer.
• 
  Witness Statements: The police will take statements from all involved parties, including your friend, the elder brother, his daughter, and the RTO officials. The police might also question your friend's son to verify the allegations made by the elder brother.

• 
  Charges of Fraud (Section 420 IPC): If the police find evidence that the car was transferred fraudulently without the consent of all legal heirs, criminal charges of fraud can be filed against the elder brother and his daughter.
• 
  Forgery (Section 468 IPC): If there was any forgery of signatures or documents, charges under Section 468 (forgery for the purpose of cheating) can be added.
• 
  Criminal Breach of Trust (Section 406 IPC): Since the elder brother had possession of the car key and papers, charges of criminal breach of trust may also be relevant.