Arvind Singh Chauhan (advocate) 15 February 2010
Sir,
"A" owns a vehicle.He transfers it to "B" on stamp paper, but it is yet registered in the name of "A". Meanwhile "D" causes damage to vehicle and make an agreement on stamp paper, that he will compensate Rs 40000/- to "B". Now "D" is not paying the damges to "B". What may be the proper remedy with "B".
1- whether he can file suit for specific performance of agreemnt.?
2- or he should file a money suit for recovery?
3- Agreemnt between "A" and "B" and between "B" and "D" are legal or not?
Gundlapallis (Advocate) 15 February 2010
D damaged the vehichle when it is in B's possession. The first option is the best option in case B wants to take action.
They are just actionable acknowledgements. When there is a defined procedudre in existence for transfer of vehicles according to MV Act, transfer by other methods will not give any legal sanction and at the same time its not illegal even..
Ajay kumar singh (Advocate) 16 February 2010
V. VASUDEVAN (LEGAL COUNSEL) 17 February 2010
Adv. Venkat Rao has well explained the action. Also get the agreement formalised by getting the transfer through RTO office.
vasudevan
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