Community › Forums › Legal Advice India › Relative of mine sold dad’s bike without any transfer of ownership after his death
- This topic has 2 replies, 3 voices, and was last updated 1 year, 5 months ago by
Swiftdivyansh3666.
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UUser_2a8c2251
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January 25, 2025 at 11:02 am9 years ago, when my dad was sick, we had to move in to my aunt’s place. After my dad died, his bike was given to my uncle there because there was nobody else in my family that could ride a bike. Fast forward many years, out families are not that close anymore due to some conflicts. It’s mainly my mom and aunt, they don’t even talk to each other anymore. Coming back to the main issue, I had recently got my lisence and my mom had called my aunt for asking if I we can have the bike back. Turns out they sold the bike and when asked why they just said they just “abandoned” it. They didn’t even tell us a word before selling it. They said there’s nothing they can do about it because they had already sold it and they said they’re willing to buy us a new one. My mom said no and i agree with her as it’s not just because they sold our bike, it’s because they sold my dad’s bike, without telling a word to us. It was something I had many memories growing up with and one of the few of my dad’s possessions that still exists.I really didn’t have any issues with them be fore this incident and used to smile at them when I see them at any function (I’ve never been that much for a talkative person) but after this, I don’t really like them anymore.The thing is, my mom said that the bike was still in my dad’s name. How were they able to sell it if that’s the case? Are they legally allowed to sell a bike with was in name of a late person?
I just want some advice on this, anything I can do to get the bike back? Any advice is appreciated.
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SSwiftdivyansh3666
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January 25, 2025 at 11:41 amNAL
most likely case is that they sold and took cash without an ownership transfer, which means the buyer is also happy that they won’t have to pay fines. They must’ve figured that the real owner won’t care if there are challans or traffic violations against their name because your father passed away and you were too young to know to check about these things.I’d say file a complaint of theft from your relatives house. At least let the authorities know that it’s not in your possession and ensure that you don’t get implicated if the people with the bike use it for more serious crimes than traffic violations.
Would recommend you check about the legal implications properly and take necessary action.
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BBravenupur8528
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January 25, 2025 at 11:37 pmNAL but, saw a case whose solution is similar.See, **file a vehicle theft/missing FIR**. Police will find the bike for you. Proceed as applicable after that. Tell new owner to take it up with the uncle.
Also, i understand the sentiments. But that bike must be so broken down by now. **You should take up the new bike offer**, but make it clear that you are accepting it Only in compensation for selling the fathers bike, not for getting a new bike. You are not going to be in their debt for it.
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