‘Mere possession of luxury SUV cannot supersede lawful ownership’

Ahmedabad: A sessions court in Ahmedabad has ordered that custody of a luxury Mercedes-Benz SUV be handed over to its registered owner, while expressing doubt over a property broker’s claim that he had purchased the vehicle in the name of his friend’s wife and used it for seven years.Hearing a revision application in the dispute over a Mercedes-Benz GLS 350D, the court observed: “What appears to be doubtful is that, Why would a person purchase a luxury brand car in the name somebody’s wife?”The dispute centres on a Prahladnagar-based property broker who claimed that he bought the SUV in 2019 in the name of his friend’s wife as his friend was facing documentation-related issues and could not purchase the vehicle in his own name.

According to the broker, he regularly paid the loan instalments and remained in possession of the vehicle despite it being registered in the woman’s name.The matter surfaced after Anandnagar police registered an FIR in December 2024 regarding the alleged theft of the vehicle from the broker’s residence. During investigation, police found that the broker’s friend had allegedly taken away the SUV using a duplicate key, following which he was booked for theft.

Police later seized the vehicle after a service station manager allegedly brought it to the broker’s residence.Subsequently, both the broker and the friend’s wife moved a magistrate’s court seeking interim custody of the vehicle. The magistrate initially rejected the woman’s plea and granted custody to the broker, citing his possession of the vehicle and payment of instalments.The woman challenged the order before a sessions court, contending that she was the lawful owner of the SUV.

The sessions court questioned the broker’s explanation for purchasing the luxury vehicle in the woman’s name and observed that the statement of the service station manager would be relevant in deciding the custody dispute. The matter was then remanded to the judicial magistrate for fresh consideration after hearing the manager.After reconsideration, the magistrate again ruled in favour of the broker, observing that he had financed the vehicle though it was registered in the woman’s name.The woman once again challenged the order before the sessions court. Additional sessions judge Namrata Unadkat noted that the vehicle loan was sanctioned in the woman’s name and that the loan closure certificate had also been issued in her favour. The court further observed that the broker had made no effort since 2019 to transfer the vehicle into his own name.In its order, the court said: “The court is required to ascertain as to who is prima facie lawfully entitled to have the custody of the vehicle and not merely who happened to be physically in possession thereof at the time of seizure.

Mere physical possession at the time of seizure cannot supersede lawful ownership, particularly when the revisionist/applicant has established prima facie ownership by producing the registration as well as above discussed documents.

”The sessions court thereafter directed that custody of the vehicle be handed over to the registered owner.However, the dispute has now reached the Gujarat high court, which has stayed the transfer of custody till Aug 31 and is scheduled to hear the matter further on that date.