• Sold my car but buyer has not registered the vehicle in his name


I sold my car due to a long term assignment in the US. I sold it about a month back to a dealer. However the dealer hasn't registered the car on his name yet. I was told he is using the vehicle for his personal use and continue to keep it on my name. 

He gave me a delivery note and the other forms are partly filled.

What are the options for me now, how can I make him register it on his name?
Please suggest.

Asked 3 years ago in Civil Law from United States
1) You must be well aware that as long as the vehicle remains registered in your name you will be held responsible for any accident or illegal activities the car may be used for.

2. The delivery note can partly protect you in case of a legal issue, however it won't dissolve you from responsibilities/liabilities.

3. Inform the buyer to have the vehicle registered in his name or any one he is going to sell it to immediately or you will be constrained to complain to the police.

4) You can launch a police complaint and give a copy to the buyer agent and send a copy to the RTO office at the same time.The buyer will comply for sure to stay free of further legal hassles.
S J Mathew
Advocate, Mumbai
2251 Answers
110 Consultations

5.0 on 5.0

1. The ownership to a vehicle flows out of the registration certificate thereof. You continue to remain the owner of the vehicle for all legal and practical reasons unless and until the registration certificate of vehicle has been transferred in favour of the buyer. 

2. If tomorrow he runs a person down under the vehicle you sold to him and then runs away the police will launch a manhunt to arrest you. Furthermore, you will be liable to compensate the victim's family members if he dies or the victim if he survives.

3. At the time of selling your car, you would have obtained a delivery receipt from the buyer. This receipt is proof of your having sold the car to the buyer at a consideration, but this is not proof of ownership of the vehicle.

4.  You must be having copies of the forms and the R.C. Book which were required to be executed by you while you had sold the vehicle. It is your legal obligation under section 50 of the Motor Vehicle Act that you send a registered letter to the concerned R.T.O. informing that you have sold the vehicle to such a such person ( give his address and telephone contact number) and have handed over the R.C. Book to such purchaser, in which event when any traffic offence is done by him the police will check on with the records of the vehicle from the R.T.O which would reveal the new name of the purchaser. Meet an agent who does such R.T.O. related work.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

1) you must address letter to RTo by regd post AD informing them of sale of your car . 

2) enclose copy of delivery note received by you and proof of payments received by you . 

3) also send letter to local police station that purchaser has not transferred car in his name yet and you apprehend car may be used for terrorist activities .

4) you can also publish  public notice  in 2 local newspapers that   the seller shall in no way whatsoever be responsible for any misdeeds,unlawful activities or any acts of omission or commission with the motor vehicle (state make, model,type of body,registration number, engine and chassis nos.)by the buyer or any other person who directly or indirectly uses the motor vehicle for such misdeeds,unlawful activities or any acts of omission or commission. The liability of such misdeeds,unlawful activities or any acts of omission or commission shall solely rest with the buyer of the motor vehicle."

Ajay Sethi
Advocate, Mumbai
45675 Answers
2686 Consultations

5.0 on 5.0

send a legal notice to him through a counsel regarding the same if he is not ready to do the same then file a complaint against him.
Nadeem Qureshi
Advocate, New Delhi
4866 Answers
221 Consultations

4.9 on 5.0

1. You are likely to be in trouble if any untoward incidence takes place with your said car so long it is registered in your name,

2. Send a legal letter to the buyer asking him to register the Vihicle immediately and mark a copy of the same to your local police and also to RTO complaining that the said dealer is not registering the vehice in his name which he has already purchased from you,

3. It will immunise you to some extent.
Krishna Kishore Ganguly
Advocate, Kolkata
18520 Answers
449 Consultations

5.0 on 5.0

A. You have to lodge the police complaint and send a copy to the RTO by way of Registered Post because of possibility of illegal activities may be happening.

B. Issue a legal notice to the Agent and owner by attaching a delivery note.

C.  Contact local advocate immediately to resolve this matter.
B.T. Ravi
Advocate, Bangalore
833 Answers
57 Consultations

5.0 on 5.0

you should file a suit in civil court under section 34 specific relief act that you have transferred possession of the car in the favour of xxxx. and publish it in local paper ( one copy of it also sent to RTO) and in that suit make buyer and RTO  as opposite parties and compel him to register it in his name.
Shivendra Pratap Singh
Advocate, Lucknow
5066 Answers
78 Consultations

4.9 on 5.0

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