Circular No.

25/09
Letter R.No.61220/H1/09, dated: 16.12.09

Sub: Motor vehicles-Driving School License-Consequent on the death of the owner-

The name transfer to legal heirs-Certain guidelines / Instructions-Issued

Regarding.

Ref: 1) Orders of the High Court, Madras in W.P.No.1/08, dated: 20.01.09

2) Application dated: 05.11.09 from Thiru P.Arul, Ambai

Of late, various applications are received in this office requesting for allowing transfer of
ownership to the name of the legal heir from the name of the deceased owner in respect of
Driving School Licenses.

The High Court, of Madras in its judgment in W.P.No.29797/08 and M.P.No.1/08 observed
that the Licensing Authority, shall examine the claim of a person who in law inherits the property
of the deceased License, in terms of the Rules. In such cases, if one of the legal heirs fulfills all the
qualifications prescribed under Rule 24 of the Central Motor Vehicles Rules 1989, there cannot be
any impediment for the Licensing Authority to consider the question of transfer of Driving School.

Further, it has been observed that the blind rejection of the request for transfer of driving
school by the Licensing Authority cannot be permitted and directed to consider the eligibility of the
petitioner with reference to Rule 24 of the Central Motor Vehicles Rules 1989 and to pass
appropriate orders, if the petitioner is found to be qualified in accordance with Rule 24 of Central
Motor Vehicles Rules 1989.

It is therefore, necessary that the representations need to decide upon quickly. The
following instructions are issued:-

All the Licensing Authorities are instructed to consider, such applications as and when
received for the transfer of driving school license to one of the legal heirs of the deceased owner
on sympathetic grounds, if he / she fulfills all the qualifications prescribed under Rule 24 of
Central Motor Vehicles Rules 1989, subject to the production of all the documents required for
processing such application.

The receipt of this letter shall be acknowledged by all the Zonal officers who will keep the
acknowledgment of their subordinate officers.

Sd/-S.Machendranathan,
Principal Secretary /Transport Commissioner, Chennai-5.