How to stop misuse of jointly owned car ?
shailendra kumar
(Querist) 27 December 2013
This query is : Resolved
brand new car is in fathers name who expired . one of the brother is holding it forcibly and grossly misusing the car and not giving it to others and neither giving money in lieu. how can he be stopped from using the car as it now legally belongs to all successors ?
R.K Nanda
(Expert) 27 December 2013
SEND LEGAL NOTICE TO HIM TO EITHER ALLOW OTHER LRS TO USE IT OR TO GIVE DUE MONETARY SHARE TO OTHER LRS.
V R SHROFF
(Expert) 27 December 2013
issue notice , to fix days to use/ km to use, also fix contribution for mtn, servicing etc.
R.K Nanda
(Expert) 27 December 2013
UR WELCOME.
Rajendra K Goyal
(Expert) 27 December 2013
If no amicable solution possible legal action is the avenue.
ajay sethi
(Expert) 27 December 2013
these disputes are best resolved in family with the intervention of elders . legal remedy should be last resort
shailendra kumar
(Querist) 28 December 2013
thank you all. the two brothers plan to forcibly take away the car and the third now holding it can do all the notifying ,seems a better option since nothing appears illegal in it to other two brothers. now is there anything illegal in taking away ones own car ?
malipeddi jaggarao
(Expert) 28 December 2013
Once the registered owner is died, the car should not used by anybody till the registration is changed in the name of legal heirs. For sake of convenience for transferring the registration in one legal heir's name, the other legal heirs should give a sworn affidavit that they do not have any objection and they relinquish their right over the car. For relinquishing the right, the person in whose name the transfer of registration is proposed should compensate the remaining legal heirs as per their family agreement. For small things, there is no benefit to rush to the court.
Rajendra K Goyal
(Expert) 28 December 2013
Very well advised by the expert malipeddi jaggarao ji. a practical advise.
T. Kalaiselvan, Advocate
(Expert) 28 December 2013
Mr. Rao's advise on the subject issue seems to be practicable and can be followed upon. Instead of someone enjoying the undeserving benefits due to in fights within the family members, let the disputing members sit and chalk out the differences amicably.
Surrender K Singal
(Expert) 07 January 2014
What if the posessing brother does not agree to sit for amicable settlement ?
