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Raka Das   17 March 2020

An issue over a scooter

I had a boyfriend with whom I broke up more than 1 year 2 months ago. He gifted me a scooter but after our break up he took it away. It is with him for last 1 year and 2 months. It's on my name. And I am telling him to convert the papers to his name but he is not doing that and harrassing me. Now I am thinking of taking my scooter back lawfully. Can I do that as it is on my name and documents? If I can then what is the process? As he has provided the money, can he take any step against me by showing any proof of that? Please suggest.


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 8 Replies

Dr J C Vashista (Advocate)     17 March 2020

Since you are the registered owner of the scooter you have all the rights to take it back.

However, the boy may recover the money paid for the scooter, if he so intend.

It is advisable to consult a local prudent lawyer for better appreciation of facts/ document, professional guidance and necessary proceeding.

Real Soul.... (LEGAL)     17 March 2020

The papers are in your name, it is dnagerious to leave your bike with some like that.

Have you given him any documents i mean for transfer of ownership you should sign the transfer documents ,if you have not issued any such documents just inform your ex that you will file police complaint for Bike theft and issue in socail media that your bike is stolen if you can publish in any daily. 

Untill the documents are not changed keep the bike with yourself  and if he refuses to handover the bike just file FIR in police staion .

It is really dangerious these days.

Raka Das   18 March 2020

can he anyhow prove that he has paid for it? actually I am requesting him to convert it to his name but the girl for whom he cheated on me is asking me 10000 for the conversion. If I don't pay that, they are not gonna convert it. and this issue is continuing for last 1 year and 2 months.

Real Soul.... (LEGAL)     18 March 2020

Originally posted by : Raka Das
can he anyhow prove that he has paid for it? actually I am requesting him to convert it to his name but the girl for whom he cheated on me is asking me 10000 for the conversion. If I don't pay that, they are not gonna convert it. and this issue is continuing for last 1 year and 2 months.

What is your problem actually?  Just told you to file complaint for syour bike is stolen if it is in your name, why you creating stupid apprehensions. If the bike is in your name it is your liablity, just get it back and enjoy.Or sell it any way ,it is only you who can transfer the ownership or sell it..

Raka Das   20 March 2020

but it is not stolen and if he proves that he hasn't stolen it then I can be in problem. Isn't it a false complaint?

Real Soul.... (LEGAL)     20 March 2020

You are suffering from seperation anxiety ;;;;just the bike is in your name means that is legally your property. If it is found in someone elses posseion without your permission that is theft..Tell him strictly to return the bike or you will FIR and do that before you will get in trouble. If any accident happens by that Bike ,,you will be resposnible..Forget about transfer get back your thing that is yours...

Theft is defined under the Section 378 of The Indian Penal Code as, any person intending to take any movable property without honesty, out of the possession of any person without that individual's consent, moves that property in order to such taking is said to commit theft.

Remamaber even gift cannot be taken away like that..That comes out of consederation.

 

Now don't spill romantic beans here. take action of forget ...

Raka Das   21 March 2020

Thank you.. I will go for the FIR then.

T. Kalaiselvan, Advocate (Advocate)     27 March 2020

You can give a complaint with the local police tht your scooter has been stolen and you suspect your boy friend to have stolen the vehicle.

The pol;ice will call him,inquire the matter and may try to compromise the matter.

If that is not done then the police will take legal action against him for stealing the vehicle.

You cannot remain idle on this issue because if he meets with any accident then the liability will fall on you especially if the vehicle insurance has not been renewed up to date. 

Therefor you may ask him to return the vehicle if he is not willing to return then you may not hesitate to approach police for relief and permanent solution to end this problem.

 


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