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Sivan Iyer   12 March 2022

Shifting ownership of car

My wife owner of a car passed away and after intimating RTO I produced a legal heirship certicate on which mine,my daughter's living in india and my son's name was there.I have no idea of the whereabouts of my son and the offcials insisting a NO OBjection letter from him .I am unable to get one and would like to know whether there is any orovision toget the car registers in my name


Learning

 9 Replies

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     13 March 2022

Since how long you didn't hear from your Son?

 

 

G.L.N. Prasad (Retired employee.)     13 March 2022

Are they (RTO) having the specimen signature of your son to verify the authenticity of your son's signature?

First, file RTI Application to some other RTO and seek simple information as follows:

Information solicited:

1.Please provide me a copy of the laid down norm/circular  (Transfer of vehicle) for changing the name of ownership of a vehicle, when the first owner belonging to the same family expired.

Sivan Iyer   14 March 2022

It is about more than fifteen years i have no contact with my son.

R TO does not have my sond specimrn signature as my family has not provoded any letter with his signature pl 

I will ask for the laid down proceadure for such transfers from RTO  through RTI aplication.

Will revert after that

Thsnk you dir 

 

 

P. Venu (Advocate)     14 March 2022

Havinf produced the legal heir certificate, the only legal option available is to obtain a declaration from the competent civil court in terms of Section 107 and 108 of the Evidence Act.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     14 March 2022

Unless you wish to sell the Car,  you can continue to keep it and use the it.

 

However if you wish to get it transferred in your name, there is only one option to come out of this impasse. I do not want to spell it  out as its a painful option. You may approach a local Lawyer with full details, and the Lawyer shall guide you if you are okay with the option that's available.

G.L.N. Prasad (Retired employee.)     15 March 2022

Getting an insurance policy in the name of the deceased owner is criminal (KYC/signature on policy application)

There was already a suggestion given in a veiled manner to the applicant.

That option may not be an offense unless someone complains and makes a mess of malafide motives.  It is usual to keep the vehicle in the name of the wife though funds belong to the husband and such transaction might have already been available in his bank record.

P. Venu (Advocate)     15 March 2022

If the vehicle continues to be in the name of the deceased wife, there could be real problem if untoward accident takes place and a third party is injured. 

Sivan Iyer   15 March 2022

Efforts are on to convince the RTO  sincevonly 51 days are left for the first FC to expire .The vehicle is in  verygood condition having gone only 1.8 lacs kilo meters in15 years and a second FC may be avilable if name gets chsnged abd owner ship fixed I am 80 and the car will be of much need to meet medical trips if not tours 

P. Venu (Advocate)     16 March 2022

You have the option to approach the High Court in a Writ Petition and seek directions to the RTO.


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