| Question And Answer | |
|---|---|
| Subject: | HUF |
| Category: | General Law |
| Querist: | RAJENDRA CHHAOCHHARIA |
| Answered by: | Research Team |
| Tags: | HUF, Motor Vehicle Act |
| Date: | November 3, 2021 |
SOME TRUCKS ARE REGISTERED UNDER HUF NAME UNDER SINGNATURE OF DECEASED KARTA. AFTER EXPIRY OF KARTA THE REMAINING MEMBER OF HUF ELECTED ELDER SON AS A KARTA OF FAMILY.
HOW HAS AUTHORITY TO SALE TRUCKS.
1)PRESENT KARTA (MEMBERS ARE AUTHORISING)
2)WIFE OF DECEASED KARTA
3)ALL MEMBER OF HUF JOINTLY.
THE RTO IS SAYING THAT
1) A SUCESSION CERTIFICATE IS REQUIRED TO TRANSFER OF VEHICLE.
2) FIEST TRUCKS WILL BE TRANSFERED TO WIFE OF DECEASED KARTA AND THEN THAT TRUCKS CAN BE SOLD OR TRANSFER TO THIRD PARTY.
THE RTO IS REFUSING THE AUTHORITY OF NEW KARTA EVEN AFTER AFFIDAVIT BY EACH MEMBER.AND ASKING FOR COURT ORDER.
Motor Vehicles Act, 1988 does not recognise the HUF as the owner . As per section 2.(30) the owner means a person in whose name a motor vehicle stands registered —– Section 50 of the Act deals with Transfer of ownership when the person on whose name a Motor vehicle stands registered dies .
The assessee can request the Registering Authority to transfer the Registration in the name of wife of karta . Wife of the Karta being member of the HUF the ownership of the property can be held in her name on behalf of HUF .
On sale of vehicle the consideration can be received by the HUF or even in the name of one of the member of HUF.
In case the Registering Authority does not transfer the vehicle in the name of wife , the assessee may approach the competent Court for legal remedies .