Transfer on death of the permit holder.

The procedures to be adopted to transfer a permit after the demise of the permit holder is detailed below.

Section 82 of the Motor vehicles' Act, Rule 56 of the Central Motor Vehicles' Rules 1989 and Rule 214 of Tamil Nadu Motor vehicles' Rules 1989 deals with this matter.

Within one month from the date of demise of the permit holder, the person who succeeds to the possession of the vehicle should intimate the fact of the death to the authority.

We have to verify the claim of the successor through our field staff. We must get a report from the field staff, whether the claim is right.

Within three months, the legal heir who succeeds to the possession of the vehicle should apply to the RTO with the following certificates issued by a competent authority.1. death certificate 2. legal heir certificate. 3. NOC from all other legal heirs expressing their consent for the transfer.4. If there is any minor in the legal heir, the guardians of such minor has to give the NOC for the minor.

The Reginal Transport Officer should call for the physical presence of all the legal heirs to the office and he should satisfy that the consent is whole hearted and he should record this with their signature.

Relying the Notary certificate is not of sound judgement. we should satisfy from the personal hearing that all other legal heirs have no objection.

If it is a stage carriage, the file may be circulated to the RTA and in other cases the order may be passed by the RTO. In any case the order allowing such a transfer has to be sent to all the legal heirs by registered post.

Whenever there is any dispute in the claim, the RTO can ask the claimant to produce a succession certificate from Court or revenue authorities to settle the matter.

When there is delay in either intimating the death or producing the documents, the power lies with the authority to condone the delay, if the reasons for such delay is just.