• If my sold vehicle caught in some illegal activities

Hi, I want to know if I have sold my vehicle to somebody in another state and have signed all the agreement plus all the documents required for transfer the vehicle. Also given him the NOC from RTA office for transfer of the vehicle and if that person intentionally not getting it transferred on his name. And in the meanwhile vehicle got caught in some illegal activities. Than what's are my right and how can I come out this trouble.
Asked 4 years ago in Criminal Law
Religion: Hindu

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13 Answers

No,

You are free from any liability arise due to the vehicle after the transfer of ownership.

You need not to worry about if all the required transfer procedure is done.

Good luck.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1) you will be not in trouble, that you have already transfer paper from RTO to another city RTO,.

2) When you sell vehicle you make agreement and you have details of that particular person. The burden of proof stands on other side.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Since you have legally transferred the vehicle to his name and have all documentary proofs to prove that this vehicle was transferred to that person on so and so date and if the accident or incident is reported to have taken place on a subsequent date, then you cannot be held responsible or liable to the crime of the matter that person is involved

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

As per RTO records vehicle still stands in your name although you have signed all the papers for transfer of vehicle

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

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

4) 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 .

5 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
87973 Answers
6207 Consultations

5.0 on 5.0

Please submit all the documents to the rto office your vehicle is registered in then liability at your end will finish then it will be on that person. To get it transfered. Have a proof of submission. Of all documents.

In case you don't submit these documents u will liable for any act as the RC is In your name.

Kindly also give the buyer a notice to get it transfered within 15 days or else you take your vehicle back without returning the amount. Also after that file a police complaint to the last resort.

Suggest you to visit RTO Office in Person and extract FOP (Form of Particulars) - FOP is like a one pager record - which will exhibit vehicle owner details with Loan Hypothecation, Engine - Chassis number details

If in case the buyer has not transferred the RC - ownership record will still show in your name

Suggest to follow below steps to do needful

Step - 1 - Recording Sale Details

If you have Smart Phone - Install a Call recording app first

Then call up customer about transfer not done and insist on getting transfer done - record that conversation using recording app available and save that conversation with you for on your Laptop / Mobile SD Card etc.

Give a Reminder Call on Strict Mode to Buyer to transfer RC - about delay

Also - was the payment mode cheque - do you have a cheque copy - if not - take a print out of your bank statement. Keep that 10 rs stamp paper docket with you.

Step - 2 Intimation to RTO

> Form TCR - intimation to RTO - though its ideal to be sent within 15 days of transaction - but as the transfer is not done, theres no harm for making an intimation to RTO

> Buyer Documents - his ID Proof(PAN Card) and address proof as obtained - even of 1st buyer who bought it from you

> Your documents - ID & Address Proof

> Car RC Smart Card and Insurance Copy

Also - send it through registered post and keep acknowledgement receipt copy with you.

Why Should you Record Conversation and have Documents / Proof Ready of Sale

Risk of not transferring the RC is

> In event of any major contingent event like accident / hit and run etc - Cops will come to you first been the ownership will remain in your name in RTO Records - though you may prove later on that you have sold the car and has delivery note, recording of followups, form tcr intimation as done to RTO

> Any Challan, road offence - if not paid - in likely circumstance will come at your residence address

Follow up Reminders

Send both Registered Post Reminders, Emails and Call - record conversation

Wait for maximum further 1 month to seek buyer to transfer RC.

Next Final Step - Filing Police Complaint

> If Buyer still does not transfer in RC - you can also lodge a police complaint - provided you have all the proofs ready and do not know the buyer personally. In such case - if you suspect that the car can be used for illegal activities as buyer not intentionally transferring RC - you can file a complaint against him.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

if he does not transfer your name then you are still the owner. any illegal activites you will be liable for.

Arnab Kumar Banerjee
Advocate, Kolkata
112 Answers

4.0 on 5.0

Hello sir, it is advisable the file a FIR regarding the same , to safeguard yourself from any further legal liability

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

You signed the paper and keep a copy of the sale receipt and transfer of ownership copies to prove that you have done your part. If he intentionally omit to do a legal act which he is bound to do, then he will be in trouble. You need not worry as long as you have executed you role legally.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

Hello,

You will not face any trouble. As and when if you are called by the court then you can depose before the court that the vehicle has been sold by you and that you were not in the possession of the vehicle at the time of accident/ illegal activity.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Firstly, it is your responsibility to ensure that the vehicle is transferred from your name to the name of the purchaser.

If he's not paying heed to any of your requests for transfer, you must inform both RTO and the Police.

If the vehicle has already been seized in relation to illegal and criminal activities, you will have to demonstrate with sufficient documentary proof that you have already sold you vehicle.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

If you have intimated the RTO under Section 50 of Motor Vehicle Act about the transfer of vehicle and the delivery note has been given to you by the buyer then no liability shall fall on you for any crime committed by him with the sold vehicle.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Hi

You should not be in any kind of trouble.

The state is different and you have completed all the formalities from your side.

So nothing to worry.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Once you have done the legal procedure you don't have to bother about the same. Just inform police station and regional transport office about the said sale along with your copy of delivery note.

Prashant Nayak
Advocate, Mumbai
27289 Answers
88 Consultations

4.4 on 5.0

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