[Brumby]

Hello friends,

I have a query regarding the procedure for registering a vehicle by a tenant.

I own a flat in Thane, Maharashtra and it was let out to one person. He has bought a car just before the end of tenancy agreement and registered it on the address of my flat without my knowledge and no NOC was sought from me.

I got to know about this 2 months after the tenancy agreement was over, and now after talking to him he says that he will change the address after the RC is received.

My queries are as below:

1. Is an NOC from the home owner required for registering a car by a tenant.
2. If no, then how would an owner know that a tenant has registered a car using his address.
3. Hypothetically speaking, if the owner has a new tenant every year and every tenant registers a car at the address using rent agreement (without the knowledge of the owner), isn't it alarming for the RTO, and what action will be taken in that case.

I understand that its the legal responsibility of the car owner to change the address once he changes his home, but how many people actually follow this rule.

Your advice regarding above will be very helpful.

Thank you.

[Vishal.R]

Originally Posted by Brumby

2. If no, then how would an owner know that a tenant has registered a car using his address.
3. Hypothetically speaking, if the owner has a new tenant

As an owner why you need to be concerned if your tenant has bought a car? Car is on his/her name and as he/she has submitted registered rent agreement as residence proof, concerned authorities would be aware that the person is not an owner of the property.

Even if car is involved in say some illegal activities, as long as registered rent agreement and most importantly, police verification is done, no need to worry.

[anjan_c2007]

Originally Posted by Brumby

My queries are as below:

1. Is an NOC from the home owner required for registering a car by a tenant.
2. If no, then how would an owner know that a tenant has registered a car using his address.
3. Hypothetically speaking, if the owner has a new tenant every year and every tenant registers a car at the address using rent agreement (without the knowledge of the owner), isn't it alarming for the RTO, and what action will be taken in that case.

I understand that its the legal responsibility of the car owner to change the address once he changes his home, but how many people actually follow this rule.

Your advice regarding above will be very helpful.

Thank you.

Answers:-

(1) No NOC is required from home owners for such deals. The applicant ( tenant in this case) has to show required documents to RTO as proof of address.

(2) There is no point in any house property owner knowing if someone has used his home address because such property owner is not at all liable for any actions or deeds by the vehicle owner whatsoever.

(3) RTO cannot take any action as long as these addresses used are/ were genuine at the time of registration of the motor vehicle.

Yes, the vehicle owner needs to change and update his address, once the mentioned address as in the RC card is no longer valid. He is liable for both penal and punitive action for misleading the government about his residential address should any eventuality arise.

For example, if someone owns a huge market complex/ house property there are tens of tenants. They could all have valid documents for their part of the rented property and could register vehicles of their own or of their family members stating the same address. The property owner is in no way liable for acts of omission or commission by respective owners with such vehicles.

Also when we stay in our paternal homes, do we ask our father for any NOC to register any of our vehicles in the home address ? Also is our father liable for any deeds or acts by us committed, while using the motor vehicles?

[Brumby]

Originally Posted by Vishal.R

As an owner why you need to be concerned if your tenant has bought a car?

As per my understanding a car is a moveable property, and I think, any moveable or immoveable property, if registered at an address which is not your permanent address, permission/intimation/NOC from the owner must be sought.

Originally Posted by anjan_c2007

Answers:-

Also when we stay in our paternal homes, do we ask our father for any NOC to register any of our vehicles in the home address ? Also is our father liable for any deeds or acts by us committed, while using the motor vehicles?

The above is not at all relatable to my query because my father's address is most likely my permanent address. In most cases (I am still keeping a bit of margin here for exceptions) the trust between the family members is considered as granted.

As per the above responses what I comprehend is that, once an agreement for tenancy is registered, the tenant can use the address as per his wish.

After going through various articles on the internet, I came to know that as long as the address is used only as communication/present address, the owner is at a lesser risk. This where I think NOC comes in picture.

As in my case, I was unaware that a vehicle was registered at the address of the house that I own, I do not know whether the address has been used as present or permanent. Paying some extra money to the right people is the only difference to use the address as permanent.

I am also not aware if the address on the ADHAAR card or any other government documents has been used and that definitely is a reason why I am concerned.

The government has put limits on how many times the address can be changed for certain documents, so the tenants are less likely to change the address once they move out. e.g. police verification for passport is very strict and detailed (annoying at times) if you keep changing your residential address and you are not on a government job. This also makes me think, will a tenant change the present address on his passport every year?

My concern is that the owner of the property must be aware about the loans taken, all moveable or immoveable properties registered etc using the address of tenancy agreement.

Probably the government should work on a system where notification is sent to the owner of the house whenever the address is used in government portals. The right people will be in loop and everyone related is informed.

Though the likelihood of the owner being liable for illegal activities is low, but I hope my concerns are legit.

Thank you.

[Ragavsr]

Originally Posted by Brumby

As per my understanding a car is a moveable property, and I think, any moveable or immoveable property, if registered at an address which is not your permanent address, permission/intimation/NOC from the owner .

Wow! This is the most extreme case of paranoia I have seen on the forum. No law requires an owner's permission for a tenant to take a loan or buy a car. You own the house and have rented it out in exchange for a monthly rent. You have no right to control the tenant's freedom or soul or their private lives.

You have zero liability from your tenant's cars and loans. So relax, chill and enjoy your life.

[pedrolourenco]

Originally Posted by Brumby

NOC

and affidavit. If these 2 documents are abolished from India, we can make a lot of progress.

Is an NOC from the home owner required for registering a car by a tenant.

No.

If no, then how would an owner know that a tenant has registered a car using his address.

You don't need to know.

Hypothetically speaking, if the owner has a new tenant every year and every tenant registers a car at the address using rent agreement (without the knowledge of the owner), isn't it alarming for the RTO, and what action will be taken in that case.

Why would RTO be alarmed? There is a vacant plot of land in Pondicherry with 100's (maybe 1000's) of cars registered on that address.

I understand that its the legal responsibility of the car owner to change the address once he changes his home, but how many people actually follow this rule.

Well if he doesn't change it, in what way will it affect you?
ou.[/quote]

Originally Posted by Vishal.R

As an owner why you need to be concerned if your tenant has bought a car? Car is on his/her name and as he/she has submitted registered rent agreement as residence proof, concerned authorities would be aware that the person is not an owner of the property.

Even if car is involved in say some illegal activities, as long as registered rent agreement and most importantly, police verification is done, no need to worry.

+1

Originally Posted by Brumby

As per my understanding a car is a moveable property, and I think, any moveable or immoveable property, if registered at an address which is not your permanent address, permission/intimation/NOC from the owner must be sought.

This is applicable only if you are registering a company at that address.

The government has put limits on how many times the address can be changed for certain documents, so the tenants are less likely to change the address once they move out.

Who told you this?

e.g. police verification for passport is very strict and detailed (annoying at times) if you keep changing your residential address and you are not on a government job. This also makes me think, will a tenant change the present address on his passport every year?

There is no law in India that forbids people from changing their residence as many times as they wish. That means they can also change their address on documents as many times as they wish.

My concern is that the owner of the property must be aware about the loans taken, all moveable or immoveable properties registered etc using the address of tenancy agreement.

You property is not being used as collateral for the loan so why worry.

Originally Posted by Ragavsr

You have zero liability from your tenant's cars and loans. So relax, chill and enjoy your life.

True.

[Brumby]

Originally Posted by Ragavsr

Wow! This is the most extreme case of paranoia I have seen on the forum. No law requires an owner's permission for a tenant to take a loan or buy a car. You own the house and have rented it out in exchange for a monthly rent. You have no right to control the tenant's freedom or soul or their private lives.

You have zero liability from your tenant's cars and loans. So relax, chill and enjoy your life.

I could not understand how seeking consent to use address is considered as controlling a "tenant's freedom or soul or their private lives".

This forum is for members to seek advice and opinion about the issues they have any doubt about. I asked for an opinion about an issue for which I had a few doubts, and in no way expected a fellow member to judge my behavior specially when there were no posts to instigate or defame anyone.

Originally Posted by pedrolourenco

Why would RTO be alarmed? There is a vacant plot of land in Pondicherry with 100's (maybe 1000's) of cars registered on that address.

Well if he doesn't change it, in what way will it affect you?
ou.

Who told you this?

There is no law in India that forbids people from changing their residence as many times as they wish. That means they can also change their address on documents as many times as they wish.

You property is not being used as collateral for the loan so why worry.

True.[/quote]


People can register cars on a single address with the knowledge/consent of the owner of the address (which might be the case above). If the owner is not aware then it's a criminal act.

Regarding changing address, I was wrong about the limit for the number of changes allowed.

I did mention about the inconvenience caused which is a deterrent for people to take the necessary actions for changing the address on the documents issued by government.

How would I know if I have not seen the documents of the loan agreement.

The above is my understanding of the matter and the reason I am concerned.

[Ragavsr]

Originally Posted by Brumby

People can register cars on a single address with the knowledge/consent of the owner of the address (which might be the case above). If the owner is not aware then it's a criminal act.

This is the problem. There is no law which requires the owner to be notified or NOC taken for vehicle to be registered or loan to be taken. When you let out a house on rent, and take monthly rent in return, the tenant has certain rights. That includes using your address as a temporary or permanent address whichever he chooses to. Staying in a place for a year is eligible for the address to be used as a permanent address. There is no legal limitation that only owned property qualifies as permanent address.

If you say anything to contrary, please say under which act and section of law it's deemed illegal or whatever you claim is required.