Posted On : 04 May, 2021
The Ministry of Road Transport and Highways has reported definite alterations in the Central Motor Vehicles Rules, 1989 to enable the possessor of a vehicle for naming anindividual in the registration certificate, which would support the motor vehicle to be recorded or transferred in the name of the applicant, just in case the owner is dead.
Transfer of Vehicle possession
Now, the possessor can put the name of the family memberduring the registration of the vehicles and can also add it afterwardsvia an online application. The procedure is then cumbersome and not similar across the country. As stated by the reported rules, the possessor of a vehicle has to succumbidentity proof of the nominee, in case it is mentioned.
"Where the owner of a motor vehicle dies, the person nominated by the vehicle 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," the noticestated. It further stated that the nominee of the vehicle shall fill in Form 31 in the period of 90days from the demise of the owner of the motor vehicle, to the concerning authority for the transfer of possession of the vehicle in his name. For change in family member name in case of emergenciessuch as divorce or division of property, the possessor may change the nominee with andecided Standard Operating Procedure (SOP), it further stated.
Presently, in case of death of a listedpossessor of a vehicle, the process of shifting the vehicle to a nominationinvolvessubmitting a raft of processes and regularvisits to variousworkplaces.
The Ministry of Road Transport and Highways on November 27, 2020 had planned to amend the Central Motor Vehicles Rules, 1989 to ease the possessor of a vehicle for naming a family member in the registration certificate. The government "has invited suggestions and comments from public and all stakeholders on the proposed amendment...," it had stated. Under the plannedredrafting, "an additional clause is proposed to be inserted wherein 'proof of identity of nominee, if any' to enable the owner to nominate anyone to be the legal heir of the vehicle in case of death," it had stated. For handing over the vehicle to the legal beneficiary in case no nomination has been listed by the possessor, it is planned that a supplementary clause may be introduced to facilitate the possessor to recommend a nominee. In case where the candidate is previously specified, the vehicle will be shifted in his/her name.