Theft of my second hand car
2 months ago
SHO of my concerning police station denied to lodge fir because vehicle registration on first owner but now i owned this vehicle and car is in my possession from past 7 years .....so now what i do to lodge an fir
A.Dear Client,
There are statutory forms to be signed both by the ex-owner and the present owner to process the transfer of ownership of the vehicle and change of address in the Certificate of Registration(RC). As per the mandatory provisions of the Motor Vehicles Act, 1988 and M VRules, 1989, once a vehicle is sold, the purchaser has to submit statutory forms and other required documents along with transfer fees within 30 days to the concerned RTO/Registering Authority for processing the transfer of ownership of the vehicle and change of address in the Certificate of Registration (RC) failing which the applicant Buyer has to pay fine or penalty for delay in submission of application for transfer of ownership(TO) and change of address(CA). When post-sale if the running vehicle is used by the Buyer/New owner without transferring ownership of the vehicle and in case the vehicle meets with an accident, theft, or any other violation of the MV Act, the ex-owner of the vehicle as per the record, may face the legal consequences arising out to that accident or violation. So, being a defaulter, you have no legal remedy to get back your stolen vehicle and in case the ex-owner proves that the vehicle was sold 7 years ago to you, then you may face legal consequences including penalties/conviction from the authority/Court.
There are statutory forms to be signed both by the ex-owner and the present owner to process the transfer of ownership of the vehicle and change of address in the Certificate of Registration(RC). As per the mandatory provisions of the Motor Vehicles Act, 1988 and M VRules, 1989, once a vehicle is sold, the purchaser has to submit statutory forms and other required documents along with transfer fees within 30 days to the concerned RTO/Registering Authority for processing the transfer of ownership of the vehicle and change of address in the Certificate of Registration (RC) failing which the applicant Buyer has to pay fine or penalty for delay in submission of application for transfer of ownership(TO) and change of address(CA). When post-sale if the running vehicle is used by the Buyer/New owner without transferring ownership of the vehicle and in case the vehicle meets with an accident, theft, or any other violation of the MV Act, the ex-owner of the vehicle as per the record, may face the legal consequences arising out to that accident or violation. So, being a defaulter, you have no legal remedy to get back your stolen vehicle and in case the ex-owner proves that the vehicle was sold 7 years ago to you, then you may face legal consequences including penalties/conviction from the authority/Court.
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A.Dear sir
Since it seems RC records standing in the name of first owner so police cannot register a case. First get documents legalized.
Since it seems RC records standing in the name of first owner so police cannot register a case. First get documents legalized.
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A.Dear Client,
If the SHO (Station House Officer) at your local police station has refused to file an FIR (First Information Report) based on the reason that the vehicle is registered under the first owner's name, you can take the following steps:
1. Provide Ownership Documents:
Gather all relevant documents that establish your current ownership of the vehicle, such as the registration certificate, insurance documents, and any transfer of ownership documents.
2. Explain Ownership Transfer:
Clearly explain to the SHO that you have been the owner of the vehicle for the past seven years and provide any supporting documentation to prove the transfer of ownership.
3. Submit a Written Application:
Prepare a written application detailing the incident for which you are seeking to file an FIR. Attach copies of your ownership documents and any other relevant information. Submit this application to the SHO.
4. Seek Senior Officer's Intervention:
If the SHO continues to deny filing the FIR, you may approach a senior officer in the police hierarchy, such as the Deputy Commissioner of Police (DCP) or Superintendent of Police (SP), and explain the situation. They may intervene and instruct the concerned police station to register the FIR.
5. Legal Assistance:
If all else fails, consider seeking legal advice from an advocate. They can guide you on the specific legal options available to ensure the filing of an FIR in such a situation.
Remember that filing an FIR is a legal right, and the police should register it if there is a cognizable offense. If the local police station remains uncooperative, escalating the matter to higher authorities or seeking legal assistance becomes crucial.
If the SHO (Station House Officer) at your local police station has refused to file an FIR (First Information Report) based on the reason that the vehicle is registered under the first owner's name, you can take the following steps:
1. Provide Ownership Documents:
Gather all relevant documents that establish your current ownership of the vehicle, such as the registration certificate, insurance documents, and any transfer of ownership documents.
2. Explain Ownership Transfer:
Clearly explain to the SHO that you have been the owner of the vehicle for the past seven years and provide any supporting documentation to prove the transfer of ownership.
3. Submit a Written Application:
Prepare a written application detailing the incident for which you are seeking to file an FIR. Attach copies of your ownership documents and any other relevant information. Submit this application to the SHO.
4. Seek Senior Officer's Intervention:
If the SHO continues to deny filing the FIR, you may approach a senior officer in the police hierarchy, such as the Deputy Commissioner of Police (DCP) or Superintendent of Police (SP), and explain the situation. They may intervene and instruct the concerned police station to register the FIR.
5. Legal Assistance:
If all else fails, consider seeking legal advice from an advocate. They can guide you on the specific legal options available to ensure the filing of an FIR in such a situation.
Remember that filing an FIR is a legal right, and the police should register it if there is a cognizable offense. If the local police station remains uncooperative, escalating the matter to higher authorities or seeking legal assistance becomes crucial.
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