Section 82 of THE MOTOR VEHICLES ACT, 1988
shall not be transferable from one person to another except with the permission of the transport authority which granted the permit and shall not, without such permission, operate to confer on any person to whom a vehicle covered by the permit is transferred any right to use that vehicle in the manner authorised by the permit.
- (2)Where the holder of a permit dies, the person succeeding to the possession of the vehicle covered by the permit may, for a period of three months, use the permit as if it had been granted to himself : Provided that such person has, within thirty days of the death of the holder, informed the transport authority which granted the permit of the death of the holder and of his own intention to use the permit : Provided further that no permit shall be so used after the date on which it would have ceased to be effective without renewal in the hands of the deceased holder.
- (3)The transport authority may, on application made to it within three months of the death of the holder of a permit, transfer the permit to the person succeeding to the possession of the vehicles covered by the permit : Provided that the Transport Authority may entertain an application made after the expiry of the said period of three months if it is satisfied that the applicant was prevented by good and sufficient cause from making an application within the time specified. Corresponding Law. - Section 82 (1) corresponds to section 59(1) and section
82 (2) corresponds to section 61 of the motor vehicles act, 1939.
Objects and Reasons. - Clause 83 enables the holder of the permit to replace the vehicles covered by the permit by another vehicle of the same nature with the permission of the transport authority which granted the permit.
Summary
- Permits cannot be transferred to another person without the written permission of the granting authority.
- Without official permission, a person who buys a vehicle has no legal right to use the existing permit.
- If a permit holder dies, the successor can use the permit for up to three months as if it were theirs.
- The successor must inform the authority of the death and their intent to use the permit within thirty days.
- A permanent transfer application must typically be made by the successor within three months of the holder's death.
- Authorities may accept a transfer application after three months if there was a good and sufficient reason for the delay.
Practical examples
FAQ
1. Can I transfer a transport permit to a buyer under the Motor Vehicles Act, 1988?
Under Section 82 of the Motor Vehicles Act, 1988, a permit cannot be transferred unless the transport authority that granted it gives permission.
2. How long can a family member use a deceased person's permit under Section 82 of the Motor Vehicles Act, 1988?
Under Section 82 of the Motor Vehicles Act, 1988, a successor can use the permit for three months, provided they notify the authority within thirty days of the death.
3. What is the notification deadline after a permit holder dies under the 1988 Act?
Under Section 82 of the Motor Vehicles Act, 1988, you must inform the granting authority of the death and your intent to use the permit within thirty days.
Test yourself
Q1.Under Section 82 of the Motor Vehicles Act, 1988, what is required to transfer a permit between living persons?
Q2.If a permit holder dies, how long can the successor use the permit under Section 82 of the Motor Vehicles Act, 1988?
Q3.Under Section 82 of the Motor Vehicles Act, 1988, what is the deadline to notify the authority of a holder's death?
Q4.Under Section 82 of the Motor Vehicles Act, 1988, can a successor use a permit if it has already expired?