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Article Published in the Express Magazine Dated
May 20, 2001
General Attorney : Rajiv K. Luthra
I own a 1997 model car and want to convert the
same into a CNG fueled vehicle. Please tell me
about the legal provisions governing the use and
operation of CNG fueled vehicles. How and where do
I get the CNG conversion kit certified?
Vijay Singh, Delhi
The Motor Vehicles Act, 1988, as amended upto date
states that no owner of a registered motor vehicle
shall alter the vehicle such that the particulars
contained in the certificate of registration vary
from those originally specified by the
manufacturer. But it also provides that in case
any modification is made to the engine, or any
part thereof, for facilitating its operation by
different type of fuel or source of energy,
including compressed natural gas, by fitment of a
conversion kit, approval by the registering
authority needs to be obtained. However, if any
alteration has already been made in a motor
vehicle without the approval of the registering
authority, the owner of the vehicle shall report
this alteration to the registering authority and
forward the certificate of registration to that
authority together with the prescribed fee within
fourteen days of the making of the alteration.
The Central Government has provided that the
retrofitment of CNG kits shall be carried out in
workshops authorised by the kit manufacturer or
kit supplier. The kit supplier shall obtain a
certificate from any of the test agencies
specially authorised, based on the engine
capacity. The approved kit shall not be
retrofitted in a vehicle of higher capacity engine
than the engine for which it has been tested. The
type approval of CNG kit for retrofitment shall be
valid for five years from the date of issue and
shall be renewable.
My father died leaving behind our mother, my
three sisters and me. All my sisters are married
and two of them do not want a share in the
property. Is it possible to divide the property
equally between my third sister and me?
Purshottam Singh, Nagpur
It appears that your father has not left a will
and the property is not ancestral, but self
acquired. In such a situation, when a Hindu male
dies intestate, his property as per the Hindu
Succession Act, 1956, devolves upon his legal
heirs – male or female – absolutely. The Act
prescribes rules enlisting the Class I heirs of
the deceased upon which the property devolves in
the first place. Of them, the son, the daughter,
the widow and the mother of the deceased person
are the first four persons who inherit by reason
of their relationship with the deceased.
Thus, according to the rules, the property shall
be divided between all the surviving heirs, which
include, apart from you and your sisters, your
mother and (if the case maybe) your father's
mother also. Only if all the other heirs, as
described above, execute a relinquishment deed,
relinquishing their shares in favour of your
sister and you, can you divide the property
equally between your third sister and yourself.
Please explain what you mean by superdari,
which was discussed in an earlier column by you.
Suresh Chandra, New Delhi
SUPERDARI is an expression for releasing property
involved in a criminal case to a person. According
to the Code of Criminal Procedure, 1973, when any
property is produced before any criminal court, it
may make such order as it thinks fit for the
proper custody of such property, pending the
conclusion of the inquiry or trial. Since the
property is deemed to be case property, the person
having superdari rights may be required to produce
it before the court on order. Until the property
remains case property, he does not have absolute
rights on it and cannot dispose off it without the
permission of the court.
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