Page 51 - The Motor Vehicles Act, 1988
P. 51

SECTION 50                                THE MOTOR VEHICLES ACT, 1988  37


                          50. Transfer of ownership
                               (1) Where the ownership of any motor vehicle registered under this Chapter is
                          transferred—
                                 (a) the transferor shall—
                                     (i) in the case of a vehicle registered within the same State within fourteen
                                         days of the transfer, report the fact of transfer, in such form with such
                                         documents and in such manner, as may be prescribed by the Central
                                         Government to the registering authority within whose jurisdiction the
                                         transfer is to be effected and shall simultaneously send a copy of the
                                         said report to the transferee; and
                                    (ii) in the case of a vehicle registered outside the State, within forty-five
                                         days of the transfer, forward to the registering authority referred to in
                                         sub-clause (i)—
                                        (A) the no objection certificate obtained under section 48; or
                                        (B) in a case where no such certificate has been obtained—
                                            (I)  the receipt obtained under sub-section (2) of section 48; or
                                            (II)  the postal acknowledgement received by the transferee if he
                                            has sent an application in this behalf by registered post
                                            acknowledgement due to the registering authority referred to in
                                            section 48,
                                         together with a declaration that he has not received any communication
                                         from such authority refusing to grant such certificate or requiring him
                                         to comply with any direction subject to which such certificate may be
                                         granted;
                                 (b) the transferee shall, within thirty days of the transfer, report the transfer to
                                     the registering authority within whose jurisdiction he has the residence or
                                     place of business where the vehicle is normally kept, as the case may be,
                                     and shall forward the certificate of registration to that registering authority
                                     together with the prescribed fee and a copy of the report received by him
                                     from the transferor in order that particulars of the transfer of ownership
                                     may be entered in the certificate of registration.
                               (2) Where—
                                 (a) the person in whose name a motor vehicle stands registered dies; or
                                 (b) a motor vehicle has been purchased or acquired at a public auction
                                     conducted by, or on behalf of, government,
                          the person succeeding to the possession of the vehicle or, as the case may be , who has
                          purchased or acquired the motor vehicle, shall make an application for the purpose of
                          transferring the ownership of the vehicle in his name, to the  registering authority in
                          whose jurisdiction he has the residence or place of business where the vehicle is normally
                          kept, as the case may be, in such manner, accompanied with such fee, and within such
                          period as may be prescribed by the Central Government.
                               (3) If the transferor or the transferee fails to report to the registering authority the
                          fact of transfer within the period specified in clause (a) or clause (b) of sub-section (1),
                          as the case may be, or if the person who is required to make an application under sub-
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