Legal Question in Personal Injury in India
India:
ok so my uncle sold a second hand car to a another man.He made him sign an unofficial note tht in 10 installments will be paid. Only after 1 or 2 installments the car met an accident killing many people purely on the side of the 3rd owner, the car was not transferred till then from my uncle. Now the opposition party has claimed an amount of INR 2 lakhs(which is a LOT for my uncle, as he runs a family of 4). Right now the car has been transferred. So what does my uncle do to get out of this as it is a big amount.3rd owner was in good terms with uncle but he backtracked.What can we do?
2 Answers from Attorneys
You may plead and prove the fact of "sale" by delivery; even if ownership of the vehicle is not transferred, the liability is shifted to buyer if the seller can establish 'physical delivery' of vehicle.
As its a case of accident and crime(not transferring the vehicle within one month of possession) meet police for help.