do you have legal rights over gifts ?

[Tarah123]

If someone buys someone a car as a gift and registers it under that persons name, can they then claim the car back years later ?

[jayney 12]

this is quite a grey area, i have personal knowledge of someone who had this dilemma and it went to court the purchaser of the car got a note from the dvla stating that although the car was registered in someones name it is not proof of ownership and as the purchaser had the reciept in his name then he was clearly the owner and the court awarded ownership of the car to the purchaser allowing him to claim the car and sell it on

[Buenchico]

As Jayney 12 indicates, the 'registered keeper' of a vehicle is not necessarily the owner. (Many, perhaps most, company cars are registered in the name of the driver even, though their employer, or a leasing company, actually owns the vehicle).

However, unless there's an agreement to the contrary, all gifts are assumed to have been given 'without reservation'. That means that the person making the gift gives up all rights to the item. (Retaining the receipt does not mean that the original purchaser retains any rights over the vehicle. There must have been additional matters for the court to consider in the case which Jayney 12 refers to).

If the purchaser of the car said "I'm giving it to you", it became the property of recipient and the purchaser has forfeited all rights to the vehicle. Only if the purchaser said something like "I'll give you the use of the car" could he reasonably claim to have retained ownership.

Chris

[terambulan]

If a person gives you a gift and has not made terms of usage then it's yours. Else we can all claim our gifts back?

The car was registered in your name, you have maintained and sheltered it for x years. In all x years you used the vehicle as your property without any recourse from the donor.

From my practical point of view, it's yours but legal-beagles r able to thwart everything it's their job you have to outwit them!

[Barmaid]

Ultimately, it will come down to a question of evidence. If x buys a car and then subsequently puts it in y's name, it will come down to who the judge believes. X will most likely say "I did it to prevent my ex wife getting her hands on it" or "I did it for insurance purposes cos I have had a lot of accidents". Y will say it was a gift. Court will look at all the circumstances (and in a recent case I did, the circumstances of x's finances which indicated he was in no position to make such a lavish gift).