Anonymous
Asked June 27, 2016

Vehicle in my name after Divorce

  • 1 Answer
  • 217 Views

Hello I am Satinderpal Singh from Ludhiana (Pb.). I got married in 2014 but due to understanding differences we take decision to live seperate from each other so we file a Divorce under Mutual Consent. First date in May 2015 & Second date (Full & Final) in December 2015. All Finished But the Main thing is I purchased Active in November 2014 in my name & I gave gift to her, Before filing Divorce file, We finalised that this Activa was purchased for her so she can take this but Due to differences, I was not able to transfer the ownership of Activa from my name to her name. On final date of haering in December 2015, she came only for 5 Min gave statement & gone. We were not talking to each other from last 2 Years & no one in between us who find solution for this, Activa is still with her, So need Advice how I get Safer side if some Mishappening, Accident, Challan with Active which is still running on my name. Hope for the Best Response.

Answer 1

We appreciate your approach in seeking our assistance, and we would try to provide our professional guidance in the best possible manner.

The current problem is covered by the provisions of “Gift” given in the Transfer of Property Act, 1882. It is important to also understand the legal meaning of a ‘gift’ as per Section 122 of the Act[1]. A gift is a transfer of property and involves a complete divesting of the ownership in the property by the donor[2]. Also, Section 123 of the Act mandates how a transfer can be effected.

 

In this case, Activa is a movable property, and a gift has been made because the transfer can be effected either by a registered instrument or by delivery[3]. The main contention also can be held with respect to a ‘gift deed’, but it is important to note that the gift deed is not mandatory for the movable property. Since, Activa (vehicle) is a movable property, the registration of a gift deed is optional. In the current issue, there lies no gift deed, so a simple letter describing about making the gift, and an acceptance letter showing her acceptance for the Gift received would be sufficient.

We hope that the provided information is sufficient and helpful, and we would be glad to provide any further assistance.

 

 

 

[1] Gift is the transfer of certain existing movable or immovable property made voluntarily and without consideration, by one person, called the donor, to another, called the donee or accepted by or on behalf of the donee.

[2] Deo Saran v Deoki Bharthi, AIR 1924 Pat 657

[3] Section 123 of the Transfer of Property Act, 1882

Agree Comment 0 Agrees about 1 year ago

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