• Car ownership transfer

My car had met with an accident with an auto, the court case is still going on.

i need to know that, can i sell my car if the court case is still going on, if yes the can the car be transfer to new owner
Asked 2 years ago in Civil Law

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14 Answers

Accident, court case and sale of car are different issues and if there is no stay on sale of car, the same may be sold and transferred on the name of new owner.

Ganesh Singh
Advocate, New Delhi
6629 Answers
16 Consultations

4.5 on 5.0

- Since, the case is going on , It means you have released the said Car from the Court on Superdari.

- Superdari means that you have got released the Car on condition that you will produce it before court, whenever required and on your failure to do so you will be liable to pay the amount mentioned in the Superdarinama.

- Finally , if the said Car was  released on Superdari, then it is understood , that the Car is required to be produced before the Court.

- Better , you should move an applicaton before the Court , which released the Car on Superdari , and take permission to sell the same.

- Court , will ask a report from the police official . If the investigation has already compeleted by the I.O.,then Court will permit you for selling the said Car. 

 

Good Luck , you will get order on your behaf.

Dont foget to positive rating. 

Mohammed Shahzad
Advocate, Delhi
7982 Answers
85 Consultations

5.0 on 5.0

your car must have been released with condition that you cannot sell car during  pendency of criminal case 

 

if you sell the car RTO would not transfer car in name of buyer till case is disposed of 

Ajay Sethi
Advocate, Mumbai
84070 Answers
5480 Consultations

5.0 on 5.0

Dear client,

You may sell the car with the permission of the court.

Jaswant Singh
Advocate, Gurugram
910 Answers
2 Consultations

4.8 on 5.0

You can sell the car but buyer has to accept that legal case is going on the car.

Ganesh Kadam
Advocate, Pune
12193 Answers
151 Consultations

4.9 on 5.0

If criminal case regarding accident case for rash and negligence driving resulting to injuries sustained to any person is pending in criminal court , in that case you can not sell your vehicle because the vehicle was released by the criminal court after furnishing an understanding by the owner that he will not sell the vehicle till the pendency of case . You can only sell the vehicle after getting permission of the court.

Mohammed Mujeeb
Advocate, Hyderabad
19011 Answers
28 Consultations

4.5 on 5.0

If the court has imposed the condition to produce the car during trial proceedings, then you may not be able to sell the car before disposal of the criminal case.

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

Yes you can sell the car with the permission of the court so that there is no issue in transfer of RC. 

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
147 Consultations

5.0 on 5.0

If the said car is not required for evidence then yes otherwise no

Prashant Nayak
Advocate, Mumbai
24239 Answers
51 Consultations

4.4 on 5.0

you can't sell your car without the Court's permission and the Court won't allow the sale of the car,

you must have taken your car on superdari from the Court, and you had given the affidavit that you won't sell your car till final disposal of the said case,

so, you can't sell your car 

Suneel Moudgil
Advocate, Panipat
2353 Answers
6 Consultations

4.7 on 5.0

Dear, 

If the case is pending before the hon'ble court of above said vehicle then you don't have any right to transfer the same till then case is decided.

There is one way to transfer the above said vehicle is-

We have to file a application for taking permission to tranfer the above said vehicle during pendency of a case. 

Thereafter if court allow the same then we can transafer the vehicle to other

Thank you

Parveen Narwal
Advocate, Rohtak
10 Answers

Not rated

If criminal trial is going than can`t sale. When accident took place ? If long time and accident not very serious than can sell.

Yogendra Singh Rajawat
Advocate, Jaipur
21439 Answers
31 Consultations

4.4 on 5.0

Dear Client 

Yes you can sell the car to new owner if the court has not barred the sale or transfer of ownership of car by order  and if there is no such order then you can transfer the ownership of car to new owner with an affidavit that prior to date of sale you are liable for legal case and after sale new owner will be liable for any case if it happen in future. 

Mohit Kapoor
Advocate, Rohtak
10688 Answers
7 Consultations

5.0 on 5.0

If criminal case regarding accident case for rash and negligence driving resulting to injuries sustained to any person is pending in criminal court , in that case you can not sell your vehicle because the vehicle was released by the criminal court after furnishing an understanding by the owner that he will not sell the vehicle till the pendency of case You can only sell the vehicle after getting permission of the court.

G Suresh
Advocate, Chennai
394 Answers
5 Consultations

4.9 on 5.0

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