- (1.) ASHOK Bhushan, J. Heard Shri A. D. Saunders, learned Counsel for the petitioner and Shri Devendra Kumar appearing for respondent No. 3.
(2.) BY this writ petition the petitioner has prayed for quashing the order dated 27-5-2006 passed by Registering Authority cancelling the transfer of Registration granted in favour of the petitioner of Vehicle No. UP-78/ad-1006. The petitioner filed an appeal against the said order which appeal has also been dismissed by the Appellate Authority vide its order dated 7-12-2006 which has also been prayed to be quashed. Brief facts for deciding the writ petition are; the vehicle No. UP-78/ad-1006 was registered in the name of one Sanjay Kumar Gupta who died on 3-8-2004. After death of Sanjay Kumar Gupta the petitioner filed an application in Form 29 and Form 30 on 19-8- 2004 alongwith an affidavit dated 3-8- 2004 praying that the vehicle be transferred in favour of the petitioner. On the basis of said application the vehicle was transferred in favour of the petitioner. An application was, filed by Smt. Shobha Gupta, w/o Late Sanjay Kumar Gupta stating that by playing fraud the vehicle has been got transferred by the petitioner in his name by putting up some imposter. Death certificate and the succession certificate was filed by Smt. Shobha Gupta alongwith the application. Registering authority issued notices to the petitioner after receiving the said complaint and after hearing both the parties, passed the order dated 27-5-2006 cancelling the transfer of registration granted earlier in favour of the petitioner. The Registering Authority observed that Shri Sanjay Kumar Gupta had already died on 18-5-2004 and the application in Form No. 30 and 29 were submitted containing signature of Sanjay Kumar Gupta which is nothing but fraud played by the petitioner. Against the said order dated 27-5-2006 appeal was filed which too has been dismissed by the Appellate Authority confirming the finding of Registering Authority. Shri A. D. Saunders, learned Counsel for the petitioner challenging the order contended that signatures were made by Sanjay Kumar Gupta before his death in Form Nos. 29 and 30 which were presented on 19-8-2006 subsequent to death, hence there was no error in the order of Registering Authority transferring the registration in favour of the petitioner. He submits that under Section 50 of the Motor Vehicles Act, 1988, there is no prohibition of presenting an application signed by a person who has died earlier.
(3.) I have considered the submissions and perused the record. Section 50 of the Motor Vehicles Act, 1988 provide for transfer of ownership. Sub-section (1) and sub- section (2) of the said Section 50 which is relevant for the present case is quoted below : "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 acknowledgment received by the transferor if he has sent an application in this behalf by registered post acknowledgment 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 within 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. ";