The vehicle owner can put the name of the nominee at the time of registration of the vehicle. This can also done at a later stage through an online application.
This amendment can ease the process of registering or transferring the vehicle to the name of the nominee, in case of death of the owner. This option for nomination is on the similar lines of providing nominees for bank accounts.
Prior to amendment, this facility was not available; it was a cumbersome process which was not uniform across the country. In case of death of a registered vehicle owner, the procedure for transferring the vehicle to the nominee requires is a lengthy process which requires frequent visits to different offices.
Here is a look at how the transfer of ownership to the nominee will take place upon the death of owner of the vehicle.
According to the amendment, “Where the owner of a motor vehicle dies, the person nominated by the vehicle owner in the certificate of registration or the person succeeding to the possession of the vehicle, as the case may be, may for a period of three months from the death of the owner of the motor vehicle, use the vehicle as if it has been transferred to him. Provided that such person has, within thirty days of the death of the owner, informed the registering authority of the occurrence of the death of the owner and of his own intention to use the vehicle.”
The nominee or person succeeding to the possession of the vehicle, as the case may be, will have to apply for the transfer of ownership using Form 31 within the period of three months from the death of the owner of the motor vehicle, to the registering authority for the transfer of ownership of the vehicle in his name.
Along with the form, you will have to send the following:
- The appropriate fee as specified in rule 81;
- The death certificate in relation to the registered owner;
- The certificate of registration;
- The certificate of insurance;
- Driving license and permit in case of E-rickshaw and E-cart; and
- Proof of identity of the nominee to be mentioned in the certificate of registration.
What happens in case there are no nominees?
According to the circular, “At the time of death of the owner of a motor vehicle, if there is no nomination in force, and probate of his will or letters of administration of his estate or a succession certificate granted under the Indian Succession Act, 1925 (39 of 1925) is not, produced to the specified authority within three months of the death of the holder, then the registering authority may register the vehicle in the name of any legal heir of the owner appearing to it to be entitled to get the vehicle registered in his name.”
The amendment regarding transfer of ownership to a nominee will reflect in Forms 20, 23A, 24A, 30, 31, and 32.
You can read the gazette notification here.
