Page 105 - The Central Motor Vehicles Rules, 1989
P. 105

RULE 56         THE CENTRAL MOTOR VEHICLES RULES, 1989                77

                                 55G. Appeal
                                      Any person aggrieved by the order under rule 55A or 55F may, within thirty days
                                                                                                      55G
                                 of the receipt of any such order, appeal to the concerned authority as authorised by the
                                 State Government or Union Territory Administration.
                                 55H.  Procedure for appeal
                                      (1) The appeal referred to in rule 55G shall be preferred in duplicate in the form of
                                                                                                      55H
                                 a memorandum, setting forth the grounds of objections to the order of the concerned
                                 authority and shall be accompanied by appropriate fee as specified in rule 81 and a
                                 certified copy of the order appealed against.
                                      (2) The appellate authority, after giving an opportunity to the parties to be heard
                                 and after such enquiry, if any, as it deems necessary, pass appropriate orders within the
                                 period of thirty days from the date of receipt of such an appeal.]
                                 1
                                  [56.  Transfer of ownership on death of owner of the vehicle
                                      (1) Where the owner of a motor vehicle dies, the person nominated by the vehicle
                                                                                                       56
                                 owner in the certificate of registration or the person succeeding to the possession of the
                                 vehicle, as the case may be, may for a period of three months from the death of the owner
                                 of the motor vehicle, use the vehicle as if it has been transferred to him:
                                      PROVIDED that such person has, within thirty days of the death of the owner,
                                 informed the registering authority of the occurrence of the death of the owner and of
                                 his own intention to use the vehicle.
                                      (2) The nominee or person succeeding to the possession of the vehicle, as the case
                                 may be, shall apply in Form 31 within the period of three months from the death of the
                                 owner of the motor vehicle, to the registering authority for the transfer of ownership of
                                 the vehicle in his name, accompanied by—
                                        (a) the appropriate fee as specified in rule 81;
                                        (b) the death certificate in relation to the registered owner;
                                        (c) the certificate of registration;
                                        (d) the certificate of insurance;
                                        (e) driving license and permit in case of E-rickshaw and E-cart; and
                                        (f) proof of identity of the nominee to be mentioned in the certificate of
                                            registration.
                                      (3) Where the nominee is a minor, the registration of the motor vehicle be made in
                                 case—
                                        (i) where a person has been authorised to receive it, in name of that person;
                                        (ii) where  there is no such  person,  in name  of any natural  guardian,
                                            testamentary guardian or guardian of the property of the minor appointed
                                            by a competent court.
                                      (4) At the time of death of the owner of a motor vehicle, if there is no nomination
                                 in force , and probate of his will or letters of administration of his estate or a succession
                                 certificate granted under the Indian Succession Act, 1925 (39 of 1925) is not, produced
                                 to the specified authority within three months of the death of the holder, then the
                                 registering authority may register the vehicle in the name of any legal heir of the owner
                                 appearing to it to be entitled to get the vehicle registered in his name.]

                                 1  Substituted vide GSR 277(E), dt. 8-4-2021, w.e.f. 16-4-2021.
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