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g.singh (govt)     04 June 2009

RTA issue

owner of acommercial vehicle died. The successord got permit renewed in the name of deceased. this was an expedient step,as one of the heirs lives abroad and could not present self before aothorities to give consent to change of ownership..This was done through agent. He signed an affidavit in the deceased's name.

Now when transfer of ownership case sent to RTA, they are threatening to take action by lodging FIR. We contend that we have paid the fee due to govt. and we have not cheated any of the heirs of ownership of vehicle, as such we have done nothing illegal.

Yes, an expedient and incorrect step was taken, but that was to keep vehicle running, as such any administrative action as suspension of permit for some time would have sufficed. I am not aware of position of law. please advice........should I be worried.



Learning

 7 Replies

D.V.RamaKrishna (Advocate)     04 June 2009

G.Singh

You got renewal of the permit/licence from RTA by filing an affidavit in the name of original owner of commercial vehicle, who died since, would amount cheating, impersonation and forgery which all are criminal acts liable to be tried before court of law if any person give complaint aginst the agent who signed the affidavit and against you who forced the agent to do so. It is immaterial whether any person has sufferred any loss or not by your acts.

1 Like

g.singh (govt)     04 June 2009

Sir, what sections of IPC would be attracted.

A V Vishal (Advocate)     04 June 2009

Section 181. False statement on oath or affirmation to public servant or person authorized to administer an oath or affirmation

Section 196. Using evidence known to be false

Section 419. Punishment for cheating by personation
 

Section 420. Cheating and dishonestly inducing delivery of property

Section 464. Making a false document
 

Section 468. Forgery for purpose of cheating
 

Section 470. Forged document or electronic record
 

Section 471. Using as genuine a forged document or electronic record
 

Section 463. Forgery
 

Section 199. False statement made in declaration which is by law receivable as evidence

Section 192. Fabricating false evidence

1 Like

g.singh (govt)     06 June 2009

 thanks, I would like to add afew more facts. Mine is not a case in isolation, about 30 such cases are there at the moment with same RTA. this is because the RTA used to function thru agents only. Now,recently, due toraids on officers they have been forced to set their act in order. there would be innumerable skeletons in their cupboard. 

g.singh (govt)     06 June 2009

This clearly indicates flaws in their system.

g.singh (govt)     07 June 2009

 .............waitin for reply on new facts.....

g.singh (govt)     08 June 2009

 what should I do.


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