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Hi my name is ashit gangwal from Kolkata.i have purchased a commercial car dzire tour from a person in 2014.but till date I haven't changed the regst name from the first owner to my name. Now there is a third party case going on in the car.the first party have blacklisted the car in the rto with some written complain . Now I what to change the name but he is saying first the case has to be settled then he will remove the blacklist . 

Need legal advice on this asap
Asked 11 months ago in Civil Law from Kolkata, West Bengal

Are you having an registered agreement for sale executed and registered between you and first party??

if so than issue a legal notice to seller to promptly remove car from black list as you have legal purchased it from him and if any claim from third party pending the first party has to settle it its not your liability. On failure to act in accordance of notice the first party shall be liable to pay damages and criminal complaint for same can be filed.

Secondly make an covering letter attach the agreement copy and send to rto with request to transfer and for record, also furnish prescribed forms signed by seller for transfer. Further make a request rto to remove name from blacklist as first party has illegally done so. RTO will look into the matter.

Also what is the case pending on the vehicle???.

Shubham Jhajharia
Advocate, Ahmedabad
12946 Answers
49 Consultations

5.0 on 5.0

you ought to have made application to RTO to transfer car in your name as full consideration has been paid by you

2) apply to RTO for transfer of vehicle in your name

3) if your application is rejected ask seller to with draw the complaint or refund your money

4) issue legal notice to seller for refund of your money if he refuses to with draw the complaint

5) contact a local lawyer

Ajay Sethi
Advocate, Mumbai
58246 Answers
3514 Consultations

5.0 on 5.0

1. It was wrong on your part not change the registration certificate as the responsibility of earlier owner will continue with you .

2. Since you did not change the blue book you could not know the pending cases against the car as well.

3. Now the only option is to take information from the RTO and take necessary measures to remove the block.

4. if there is way then it will be done . Otherwise you can not bring this car to road anymore.

Devajyoti Barman
Advocate, Kolkata
15665 Answers
218 Consultations

5.0 on 5.0

Dear Sir,

You must be having some documents of private nature and payment details. Then the registered owner steallthily done such thing with RTO authorities. In fact he is the Regd. Owner. Hence have to take such defence. The relavant law is available with me.


Motor Accident Claim: If The Transfer Of Vehicle Is Not Registered With Authority Original Owner Is Liable [Read Judgment]...

Kishan Dutt Kalaskar
Advocate, Bengaluru
3698 Answers
81 Consultations

5.0 on 5.0

1) First check the black list case complaint date in whose period it took place, whether when he was actual owner or when you have purchased after that it took place.

2) Need proper investigation in the case than it can be decide who has to pay charges. Please provide case details and date so real facts and issue can be explain properly.

3) You can call me for further help.

Ganesh Kadam
Advocate, Pune
5945 Answers
42 Consultations

4.9 on 5.0

Hi, kinldy brief in detail about the case that is going on .. If the details of the case was not disclosed to you , you can register a complaint of cheating against the owner of the car

Hemant Chaudhary
Advocate, Gurgaon
3980 Answers
21 Consultations

4.9 on 5.0

1. You might have collected the delivery note and also the application for transfer of ownership signed/countersigned by him while buying the said car from its earlier owner.

2. Just deposit the said application for change of ownership of the car and collect the receipt of the said application as a token of having deposited the same.

3. By taking the above steps, you shall complete your formalities and things will take its own course as per law.

Krishna Kishore Ganguly
Advocate, Kolkata
21322 Answers
545 Consultations

5.0 on 5.0

What is the case about and were you not aware of the pending case at the time of purchase and what were you doing without getting the vehicle transferred to your name for all these four years ?

If ther is a court case pending against the vehicle, you may have to wait for the clearance or else you may ask your seller to clear the case or to take back and return the money

T Kalaiselvan
Advocate, Vellore
48286 Answers
575 Consultations

5.0 on 5.0

Yes, as per rule it is the situation where you can’t put any change in this as an on going case.

Sanjay Baniwal
Advocate, South Delhi
3368 Answers
7 Consultations

5.0 on 5.0

Dear Cleint,

Liability rest with registered owner, if no change in name. He is at back foot not u.

Motor Accident Claim: If The Transfer Of Vehicle Is Not Registered With Authority Original Owner Is Liable [Read Judgment]...

Issue him Legal notice as by paying sale amount, you have acquired substantial ownership but liability still rest with him as ownership transfer . and it is his liability to get the name change.

Yogendra Singh Rajawat
Advocate, Jaipur
8139 Answers
7 Consultations

4.7 on 5.0

What is the case about. You can apply to the same Court for directions to register if that will not make any difference to the case.

Prashant Nayak
Advocate, Mumbai
5939 Answers
4 Consultations

4.8 on 5.0

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