Quote:
Originally Posted by sushantk My car was bought in name of my wife. However, I drive the car all the time.
I have been thinking of transferring the ownership to me. The only drawback is that RC will show up me as the second owner of the car and future resale value will be impacted. |
TL;DR
I use a motorcycle registered in the name of my father, have not had any issues to date, including an insurance claim.
The full story:
All vehicles in my home are registered under the name of my father and all of us use them interchangably without any issue to date.
My father got me my 1st motorcycle when I turned 18(and this was recently in 2017, so I'm not that old) since it was him who paid and did all the formalities, it was registered in his name. However unlike the other vehicles in our home, this was exclusively used by me or by my friends/juniors at college. For a long time, I too was considering changing it under my own name.
2 reasons why I wanted to:
1. I was young, I was a firebrand and I wanted laws being followed to the T. The legal way to drive a vehicle not registered in your name is to have a signed affidavit that authorises you to use the vehicle such that when the police stop you, you can say here's a letter authorizing me to use the vehicle, otherwise they might demand calling the person on the phone and verifying the same. And considering phone numbers are updated in the mParivahan database, this might be a problem (more so for me).
How do I know this?
I was asked to get one such affidavit when I tried using one of my friend's motorcycles which was registered under his father's name for my MCWG licence test. However, it was only on a white A4 sheet and not stamp paper, so I don't know if it was done because they could, or because the law mandates it.
I was also asked to get the same affidavit when I tried applying for a part time job (I wanted to be independent

)that involved using motorcycles significantly. However this time, the affidavit needed to be on stamp paper countersigned by a notary. Needless to say, it never came about.
I also remember reading somewhere on the internet (must have been Quora, don't have the link now will search and update if I get it) that an affidavit countersigned by the notary is required for the same.
2. I was a college kid and being in college meant going out with your friends at all random hours of the night/with female friends and Chennai cops being Chennai cops tend to stop you especially if you have a female behind you and you have a good looking maintained motorcycle and loon young, ask you questions that are totally unrelated to the stop, such as "Who's this girl, is she your girlfriend? Do your parents know you're out at this time of the night etc." While I was okay with my parents being disturbed during the day, I wasn't very comfortable with the same at night, because 90% of the time I had sneaked out myself

.
Hence having the motorcycle registered in my name would solve 99% of these problems as I would simply have to say motorcycle is registered in my name, I'm a major, deal with me. (Remember I said I was a firebrand)
But I ended up
not doing it.
3 reasons why:
1. Purely sentimental, my father getting me motorcycles/cars is not going to be a regular affair, it'll be just this one or at the most one more. So why not enjoy it as such.
2. The solution to most problems I had described above dealing with the police, suddenly disappeared when they realised I'm a doctor. At the most the only thing they ask me after I stickered my ride is, which hospital sir?
3. There was once an accident claim that had to be made, not because of an accident but because some random woman decided she could sit on my motorcycle parked on it side stand and play with it and ended up pushing it over. The right fairing had to be replaced. I ended up filing a police report(not an FIR, but a CSR) against unknown persons and informing insurance and doing all other necessary requirements by myself without involving my father (he obviously knew it happened but it was me who dealt all the formalities) and at no point was I asked why the motorcycle wasn't in my name (at the police station or the insurance). I was even able to sign documents for insurance under the "for xxxx" banner.
However I might get an affidavit if I decide to go on an All India tour to avoid problems as mentioned by BHPian RoadAtlas
Quote:
Originally Posted by RoadAtlas Very recently, a friend who is an emergency services worker was going to his workplace (a hospital) during the night curfew times when he was stopped in a Naka checkpoint. They checked all his documents which were fine, however, they found out that the car was registered in his father's name and demanded that he pay a fine. |
Warning: Not a lawyer, all places where I've mentioned legally is what my understanding of the law is. Kindly take with a pinch of salt.
Regards,
alphamike_1612
Mods: Please delete this if you find it to be Off Topic.
Edit - just now realized that this a year old thread...!!!