yes police can tow the tractor. since a time of commission of offence tractor was in diwakar name he would be liable ramprasad can get tractor back as on date he is the owner
Give vehicle back to owner
My friend named Diwakar Pandey (From Jharkhand) wants to Sell his Tractor. He negotiate with Ramprasad about Tractor & Final deal with him. Diwakar give Tractor's Document to Ramprasad for Transfer on his Name.
Meanwhile, Diwakar's Driver was kept by Deputy Forrest Officer, to stolen stone in Forrest area with a Tractor. DFO take away the Tractor with him & given Tractor to Police Station. In Police Station, They Not asked about the Tractor Documents.
When Ramprasad going to R.T.O. Office for Transfer Tractor on his Name, There is No Legal Case or Pending Loan on Tractor. Because of No Case or No Pending Loan on the Tractor, Tractor was Transfer to Ramprasad.
Now, I wants to ask Some Questions, Please Answer me according to Legal Procedure.
( 1 ) When Ramprasad going to Transfer Tractor on his Name, There is no Legal Case on Tractor & its Transferred on his Name. in this Case, Can Police Tow the Tractor & Retain it?
( 2 ) Now a days, Tractor is on Ramprasad's Name. On Whom any Legal Action can Done ?
( 3 ) If Ramprasad Show Legal Transfer Paper & Documents to Police, Tractor can get back to Him ?
My Friend Diwakar talk to Me & said," I Wants to Give Tractor to Ramprasad, Because he gave me Money for it. Then Legal Case on Me. Its OK. I agree with the Court's Punishment."
Please Sir, Reply Soon & If any way to Get Back Tractor, also mention.
Thanks.Asked 10 years ago in Property Law
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4 Answers
1. The tractor belonged to Diwakar on the date of commission of offence alleged, so police could have towed it.
2. Ram Prasad is not liable as he was not the owner on the date of commission of offence.
3. Ram Prasad can recover the tractor in accordance with law as he is the owner thereof.
Sir, Thanks for Answering me, But I want to Know ( * ) WHAT IS THE PROCEDURE TO RECOVER TRACTOR FROM POLICE STATION ? My Friend Diwakar Pandey gone to Police Station, They told him, for Recover the Tractor, Give us in Written from DFO, who case against you. The Problem is DFO who case on Tractor is Transferred in other State. please reply me Soon and against Thanks for Advice us.
Asked 10 years ago
if DFO transferred some other officer would have got his position . you inform cops that DFO has been transferred to some other state not possible to obtain any letter from said DFO . that you are willing to comply with all legal formalities for release of tractor
Apply for recovery proceedings to court.