(1) Save as provided in sub-section (2), a permit shall not be transferable from one person to another except with the permission of the transport authority which granted the permit and shall not, without such permission, operate to confer on any person to whom a vehicle covered by the permit is transferred any right to use that vehicle in the manner authorised by the permit.
(2) Where the holder of a permit dies, the person succeeding to the possession of the vehicle covered by the permit may, for a period of three months, use the permit as if it had been granted to himself: Provided that such person has, within thirty days of the death of the holder, informed the transport authority which granted the permit of the death of the holder and of his own intention to use the permit: Provided further that no permit shall be so used after the date on which it would have ceased to be effective without renewal in the hands of the deceased holder.
(3) The transport authority may, on application made to it within three months of the death of the holder of a permit, transfer the permit to the person succeeding to the possession of the vehicles covered by the permit: Provided that the Transport Authority may entertain an application made after the expiry of the said period of three months if it is satisfied that the applicant was prevented by good and sufficient cause from making an application within the time specified.
Legal Commentary & Landmark Judgments: Section 82
Section 82 of the Motor Vehicles Act, 1988 governs the transfer of transport permits, strictly prohibiting inter vivos transfers without the prior written approval of the Transport Authority and providing a statutory procedure for transmission upon the death of a permit holder.
In commercial acquisitions of transport businesses or fleet mergers, never execute a simple deed of assignment. File a joint application under Section 82 in Form P.Tr.P. before the RTA. In succession disputes upon the death of an operator, strictly adhere to the 30-day notice and 3-month application deadlines to avoid permit forfeiture.