• Transferring an auctioned certificate on my name

Hi am in process of purchasing an ITBP auctioned vehicle. I am not the person who bought the vehicle in auction. 
The vehicle RC is still on name of ITBP commandant Chandigarh.The office is nearby. But the car and its present owner is in Dehradun. 

The person who purchased didn't transfer on his name. Is it necessary for the present owner to transfer vehicle on his name and only then I can transfer it on my name.

Can I approach the ITBP office in Chandigarh to directly provide Me NOC so that I can transfer the car on my name. 
Please do clarify the process involved in transferring the vehicle on my name as the car is up for passing next year.
Asked 7 years ago in Civil Law

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8 Answers

Person who bought vehicle in auction should transfer vehicle in his name

2) According to the Indian Motor Vehicle (IMV) Act , the transferor has to intimate the Regional Transport Offices (RTO) within 14 days of the transfer of ownership. Similarly the Act also instructs the transferee to inform the RTO about the change in vehicle ownership and produce all the required documents within 30 days of the transfer.

3) The transferor is required to fill Form 29 while the transferee is required to fill in the Form 30,

Ajay Sethi
Advocate, Mumbai
98261 Answers
7986 Consultations

Hello,

If the person on whose name the RC is presently considers your request and agrees to transfer directly on your name then there is no legal impediment.

You will have to get signature on NOC, Form 29 and 30, form 27 and 28 (Inter State),

But I do not think so that they will agree to transfer it directly to your name since it is a government vehicle and they must be having record of the person who purchased in the auction.

Anyways you are advise to directly contact the ITBP person, if he agrees to do so then there is no issue.

Anilesh Tewari
Advocate, New Delhi
18095 Answers
377 Consultations

POA for what?

Anilesh Tewari
Advocate, New Delhi
18095 Answers
377 Consultations

on basis of POA apply for transfer of vehicle in name of the purchaser

Ajay Sethi
Advocate, Mumbai
98261 Answers
7986 Consultations

I'm afraid your any request will be entertained at the ITBP Office. Rather you should ask the current owner to get the vehicle transferred in his name. Only once the same is done, he'll be position to sell the vehicle to you.

Vibhanshu Srivastava
Advocate, Lucknow
9725 Answers
316 Consultations

The person who purchased didn't transfer on his name. Is it necessary for the present owner to transfer vehicle on his name and only then I can transfer it on my name.

The person who is owning this car has to produce the evidence for his ownership only then he can sell the car to the prospective purchaser legally, otherwise the purchase can be held illegal and invalid as per law.

Can I approach the ITBP office in Chandigarh to directly provide Me NOC so that I can transfer the car on my name.

You will not be entertained by the authorities and would ask you to send the person who bought the vehicle from them.

Please do clarify the process involved in transferring the vehicle on my name as the car is up for passing next year.

You have to get in tough with yor seller for transferring the car in yor name, you cannot undertake any short cut or illegal method to get them done, because it is already a seized or confiscated car

T Kalaiselvan
Advocate, Vellore
88463 Answers
2395 Consultations

Will power of attorney given by present owner prove to be of any help here.

He cannot do so until the property was transferred to his name.

He cannot be considered as a owner then the question of he selling the car to you does not arise.

T Kalaiselvan
Advocate, Vellore
88463 Answers
2395 Consultations

1. It seems that the commandant did not intimate the RTO about the transfer of ownership of vehicle when he sold it, which is in contravention of the provision of MV Act. Hence, the commandant continues to be the owner of the vehicle.

2. The ITBP office will not provide the NOC to you.

3. Do not purchase the vehicle except if the title is first transferred to the person who is in possession of the vehicle, or if the commandant himself transfers it to you.

Ashish Davessar
Advocate, Jaipur
30830 Answers
975 Consultations

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