• 304a acquitted , can sell 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
Asked 4 months ago in Criminal Law from Hyderabad, Telangana
Religion: Hindu
Obtain permission from court where car insurance case is pending before sale of car 
Ajay Sethi
Advocate, Mumbai
23100 Answers
1212 Consultations
5.0 on 5.0
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.
Krishna Kishore Ganguly
Advocate, Kolkata
12034 Answers
227 Consultations
5.0 on 5.0
If there is no court order restraining owner from selling car he would be at Liberty to sell 
Ajay Sethi
Advocate, Mumbai
23100 Answers
1212 Consultations
5.0 on 5.0
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. 
Ashish Davessar
Advocate, Jaipur
18055 Answers
445 Consultations
5.0 on 5.0
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.
T Kalaiselvan
Advocate, Vellore
13910 Answers
127 Consultations
5.0 on 5.0
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.
T Kalaiselvan
Advocate, Vellore
13910 Answers
127 Consultations
5.0 on 5.0
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.
Krishna Kishore Ganguly
Advocate, Kolkata
12034 Answers
227 Consultations
5.0 on 5.0
There is no court order, there is no case now, hence there is no problem to sell the vehicle.

Nadeem Qureshi
Advocate, New Delhi
3517 Answers
129 Consultations
4.9 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Criminal Lawyers

T Kalaiselvan
Advocate, Vellore
13910 Answers
127 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18055 Answers
445 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12034 Answers
227 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5137 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3517 Answers
129 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
424 Answers
15 Consultations
4.7 on 5.0
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2714 Answers
41 Consultations
4.9 on 5.0
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0