Deregistering a vehicle

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corix465

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Hi People,

Advice needed.
Q1:
Can a car owner, where the bank is the titleholder, deregister a car even though it is paid in full.

Q2:
If the owner has died, who can who can deregister a car even though it is paid in full, and is it allowed?If it is legal, how can it be blocked/stopped?

Q3:
If the car was given to a family member and the bank is the titleholder, who can deregister a car even though it is paid in full, and is it allowed/legal? If it is legal, how can it be blocked/stopped?

Would love some clear cut direction from the mybroadband community and anyone reading this post.
Reg,
JM
Proud Honda Civic owner
 
What do you mean de register?

Don’t you mean transfer ownership from the bank to the actual legal person?

The bank will always be the only party who can do this and you’ll need approval from the estate for them to appoint a person for the bank to transfer it to.

Should be as simple as a death certificate and a letter of approval from the executor of the estate.
 
Hi SauRoNZA,

Thanks for replying. With deregister I mean the stopping of the use of the car. Link: https://www.gov.za/services/service...gister-motor-vehicle/deregister-motor-vehicle

<---start--->
On gov.za website:

About deregistering your motor vehicle​

You must apply to deregister your motor vehicle if it:

  • has been declared permanently unfit to be on a public road
  • has been stolen
  • has been permanently demolished
  • becomes exempt from registration.
The registering authority will then issue a deregistration certificate. A motor vehicle that has not been licensed for four years will be deregistered automatically.
<---end--->

I have use of the car. Now bcause my dad passed on my mom wants to deregister the car and possibly steal it from me as I'm her stepchild. That's why the 3 q's above in page.


Reg,
JM
 
corix465 said:
Hi SauRoNZA,

Thanks for replying. With deregister I mean the stopping of the use of the car. Link: https://www.gov.za/services/service...gister-motor-vehicle/deregister-motor-vehicle


On gov.za website:

About deregistering your motor vehicle​

You must apply to deregister your motor vehicle if it:

  • has been declared permanently unfit to be on a public road
  • has been stolen
  • has been permanently demolished
  • becomes exempt from registration.
The registering authority will then issue a deregistration certificate. A motor vehicle that has not been licensed for four years will be deregistered automatically.


I have use of the car. Now bcause my dad passed on my mom wants to deregister the car and possibly steal it from me as I'm her stepchild. That's why the 3 q's above in page.


Reg,
JM
Click to expand...

Only the titleholder would be able to do it.

So it would need to be transferred from the bank into their name first.
 
She can't just de-register without reason or proof, either sell it, scrape it (this is not an option as the car is roadworthy), transfer of ownership (she will need to have the authority to do this, letter of executorship)

Same for you, just because the car was lend to you doesn't make it your car and who ever it belongs to can do with it as they please, unless you can proof you inherited the vehicle etc.

Now if you were a bunch of adults you would get together and discuss this.

Go see a lawyer.
 
RedViking said:
She can't just de-register without reason or proof, either sell it, scrape it (this is not an option as the car is roadworthy), transfer of ownership (she will need to have the authority to do this, letter of executorship)

Same for you, just because the car was lend to you doesn't make it your car and who ever it belongs to can do with it as they please, unless you can proof you inherited the vehicle etc.

Now if you were a bunch of adults you would get together and discuss this.

Go see a lawyer.
Click to expand...
HI RedViking,

Yes, I am 52 and mom is 65(and yes she does have her knife in for me now that dad is passed on, before that he played referee).
I have proof via whatsapp screenshot that 'mom and dad' decided to give me the car and so they gave me the car. I have whatsapp proof via a picture screenshot.

There is an executer which is mom's sister to handle the estate and an apparent lawyer which has found sympathy with mom as mom is a diabetic(thus the sympathy).

I cannot just go to a lawyer as I am unemployed and have no income but have donations for food and fuel.That's why i am asking help/advice here.

Reg,
JM
 
corix465 said:
HI RedViking,

Yes, I am 52 and mom is 65(and yes she does have her knife in for me now that dad is passed on, before that he played referee).
I have proof via whatsapp screenshot that 'mom and dad' decided to give me the car and so they gave me the car. I have whatsapp proof via a picture screenshot.

There is an executer which is mom's sister to handle the estate and an apparent lawyer which has found sympathy with mom as mom is a diabetic(thus the sympathy).

I cannot just go to a lawyer as I am unemployed and have no income but have donations for food and fuel.That's why i am asking help/advice here.

Reg,
JM
Click to expand...
Have you tried Legal Aid?

How long have you enjoyed the luxury of the vehicle while being unemployed?

How did dad allow this?
 
What does the will say about the vehicle?

And wtf didn't your dad register it on his name when it was paid up?

I swear dumb people make their own problems
 
RedViking said:
Have you tried Legal Aid?

How long have you enjoyed the luxury of the vehicle while being unemployed?

How did dad allow this?
Click to expand...
I dont qualify for legal aid.Long story. I had the car from begin 2015 till now. Dad passed in 2022 Aug.

Dad was in denial thinking he would return from hospital to 'settle' things like his estate and the car.He didnt... he died in coma. Mom is money hungry.

@ShaunSA :I swear dumb people make their own problems -> you're so right, will agree with you there.

Now back to the original 3 q's:
Q1:
Can a car owner, where the bank is the titleholder, deregister a car even though it is paid in full.

Q2:
If the owner has died, who can who can deregister a car even though it is paid in full, and is it allowed?If it is legal, how can it be blocked/stopped?

Q3:
If the car was given to a family member and the bank is the titleholder, who can deregister a car even though it is paid in full, and is it allowed/legal? If it is legal, how can it be blocked/stopped?

@RedViking:
Yes, I am not the real owner (except for whatsapp proof)just have use of the car and spent a LOT of money on the car to fix and maintain the car while using it.

Reg,
JM
 
corix465 said:
I dont qualify for legal aid.Long story. I had the car from begin 2015 till now. Dad passed in 2022 Aug.

Dad was in denial thinking he would return from hospital to 'settle' things like his estate and the car.He didnt... he died in coma. Mom is money hungry.

@ShaunSA :I swear dumb people make their own problems -> you're so right, will agree with you there.

Now back to the original 3 q's:
Q1:
Can a car owner, where the bank is the titleholder, deregister a car even though it is paid in full.

Q2:
If the owner has died, who can who can deregister a car even though it is paid in full, and is it allowed?If it is legal, how can it be blocked/stopped?

Q3:
If the car was given to a family member and the bank is the titleholder, who can deregister a car even though it is paid in full, and is it allowed/legal? If it is legal, how can it be blocked/stopped?

@RedViking:
Yes, I am not the real owner (except for whatsapp proof)just have use of the car and spent a LOT of money on the car to fix and maintain the car while using it.

Reg,
JM
Click to expand...
Your original question has already be answered.

The important part is that you are not the owner.

So you will have to proof that you are entitled to the vehicle. Which is sounds like you are not even though you enjoyed the luxury of having it.

The only way to resolve this is either getting all the adults together and settle this , or , through legal assistance.

Or when they do sue you , you can fight back on your own proofing to the court that you should have the vehicle.


P.S. You don't have to signature every post. Your username is visible above every post.
 
RedViking said:
Your original question has already be answered.

The important part is that you are not the owner.

So you will have to proof that you are entitled to the vehicle. Which is sounds like you are not even though you enjoyed the luxury of having it.

The only way to resolve this is either getting all the adults together and settle this , or , through legal assistance.

Or when they do sue you , you can fight back on your own proofing to the court that you should have the vehicle.


P.S. You don't have to signature every post. Your username is visible above every post.
Click to expand...
Hi RedViking,
All I wanted to know is can the deregistering be stopped/delayed in order to buy me more time to get alternate transport. I live 15 km away from shops on a farm.

Reg,
JM
 
ShaunSA said:
?
Click to expand...
Hi ShaunSA,
The technical point is that the vehicle was NEVER part of dad's estate but a separate item on its own, although the vehicle was mentioned in the will of my dad. Now, mom's narrative is that the vehicle is holding up the completion of the estate. I know that my dad's will was altered and tampered with, my gut tells my but I have no proof. I am not even allowed to see the will that is been executed currently.

Reg,
JM
 
corix465 said:
Hi RedViking,
All I wanted to know is can the deregistering be stopped/delayed in order to buy me more time to get alternate transport. I live 15 km away from shops on a farm.

Reg,
JM
Click to expand...

You’ll need legal assistance if the executer isn’t hearing your side of the story.
Sadly unless you were named in the will specifically, the legal will is your best bet.

Else play nice and borrow your mom’s ID and transfer the car to yourself then -&gt; This is not legal advice
 
corix465 said:
Hi RedViking,
All I wanted to know is can the deregistering be stopped/delayed in order to buy me more time to get alternate transport. I live 15 km away from shops on a farm.

Reg,
JM
Click to expand...
Not really. You need to have a sit down with the executer and get this sorted. But if they have all the documents in place, then I don't see how you are going to get this to stop. But it is a legal process.

You need to lay a compliant or contact the Master of the High Court immediately.

Tel: 012 315 1207

Email: [email protected]
 
Pho3nix said:
You’ll need legal assistance if the executer isn’t hearing your side of the story.
Sadly unless you were named in the will specifically, the legal will is your best bet.

Else play nice and borrow your mom’s ID and transfer the car to yourself then -&gt; This is not legal advice
Click to expand...
Hi Pho3nix,
You see, when dad was in coma mom wanted to pull the plug asap because dad put a DNR in place.In her presence in the doctors office, the doctor freaked out slightly at mom willingness to pull dad's life plug off the machines. Mom scrambled to alter dad's will while he is in coma, to suit her and thus the car has now become a hot topic thus my ask for advice on this platform. I cannot even contest the validity of the current will as I have no reference of any will my dad has drawn up.

Reg,
JM
 
corix465 said:
Hi ShaunSA,
The technical point is that the vehicle was NEVER part of dad's estate but a separate item on its own, although the vehicle was mentioned in the will of my dad. Now, mom's narrative is that the vehicle is holding up the completion of the estate. I know that my dad's will was altered and tampered with, my gut tells my but I have no proof. I am not even allowed to see the will that is been executed currently.

Reg,
JM
Click to expand...

Mentioned in what way?

I have a vehicle it's a pile of junk?
X gets my vehicle?
Y gets my vehicle?
Throw my vehicle into the ocean?
Pour some petrol over my vehicle and set it alight?
Bury me in my vehicle?

I'm not trying to be funny but you're not being upfront here

Well OK I am trying to be funny but if you expect help I expect honesty
 
ShaunSA said:
Mentioned in what way?

I have a vehicle it's a pile of junk?
X gets my vehicle?
Y gets my vehicle?
Throw my vehicle into the ocean?
Pour some petrol over my vehicle and set it alight?
Bury me in my vehicle?

I'm not trying to be funny but you're not being upfront here

Well OK I am trying to be funny but if you expect help I expect honesty
Click to expand...
Hi ShaunSA,

Apology for not clarifying...the vehicle was mentioned in the original will of my dad, to be given to me and that would include doing the entire ownership transfer process as well. All the info I have provided is the real scenario and story I am stuck with. I have left out, names, ID's, locations, lawyer names which is here not relevant to be mentioned.

I am in a pickle and my mom(stepmom) and her family is getting away with what I suspect fraud, because I have no access to any oversight as to what they have done is either legal or illegal.

Reg,
JM
 
corix465 said:
Hi ShaunSA,

Apology for not clarifying...the vehicle was mentioned in the original will of my dad, to be given to me and that would include doing the entire ownership transfer process as well. All the info I have provided is the real scenario and story I am stuck with. I have left out, names, ID's, locations, lawyer names which is here not relevant to be mentioned.

I am in a pickle and my mom(stepmom) and her family is getting away with what I suspect fraud, because I have no access to any oversight as to what they have done is either legal or illegal.

Reg,
JM
Click to expand...

I assume the new will has your step-mom inheriting the vehicle then?

If so then she has the paperwork needed to do what she wants
So unless you can prove the will is false you aren't going to win this one
 
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