Obtain permission from court where car insurance case is pending before sale of car
Hi Sir, One of my friends acquitted from 304 a ( car accident ). The car insurance case in courts now. Can he sell his car now? Does he need any permissions or clearances to sell his car? Thanks
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1. Is there any Court order upon him directing him not to sell the car?
2. Has the car been released from the custody of the police after all investigation and submission of evidence is over?
3. If yes, then your friend can sell his said car.
No sir, there is no court order upon him not to sell the car. And police has already released from the custody. And the driver was acquitted (from 304 a) not proven guilty. Since the vehicle inspector has already certified the car is fit and can be released. Based on this police has released it from custody. So, can he sell without anyone's permission like RTO or vehicle inspector or court?
If the car is not in the custody of the police or court then he is at liberty to sell it. The pendency of a claim petition under Motor Vehicles Act before the Motor Accident Claims Tribunal does not preclude the sale of the vehicle unless there is a stay order.
One of my friends acquitted from 304 a ( car accident ). The car insurance case in courts now. Can he sell his car now? Does he need any permissions or clearances to sell his car?
There is no problem in selling the car now even during the pendency of the motor accident claims tribunal.
No sir, there is no court order upon him not to sell the car. And police has already released from the custody. And the driver was acquitted (from 304 a) not proven guilty. Since the vehicle inspector has already certified the car is fit and can be released. Based on this police has released it from custody. So, can he sell without anyone's permission like RTO or vehicle inspector or court?
Yes, he can sell the car without RTO's permission or anyone's permission.
1. For selling a car, you are not required to take permission from RTO,
2. Only the Court can stop your said selling,
3. Since the court has not interfered in to the matter, your friend can sell the car.