• Car ownership transfer

Hi 
I have sold my car to a pre-owned showroom,and they sold the car to a buyer.i t has been six months and the ownership transfer is not happening even after continuous follow up with showroom guys.i dont even know who is the buyer.I have delivery note given by showroom.Kindly advice what actions I have to taken so that I wil be free from legal issues
Thanks
MK
Asked 7 years ago in Civil Law

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12 Answers

1) issue legal notice to showroom to kindly intimate details of buyer of your car

2) mention that till date car not transferred in name of purchaser

3) inform RTO about sale of car by you

4)enclose copy of delivery note received by you and proof of payment

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 car (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 bike 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 car ."

Ajay Sethi
Advocate, Mumbai
99826 Answers
8148 Consultations

1. The RC book would still be in your name

2. that needs to be transferred to the name of the buyer

3. if any accident or untoward incident happens then the owner whose name appears in RC book for the vehicle will be traced and apprehended by the authorities

4. delivery note is thus not sufficient

5. kindly issue a legal notice to that car showroom for completing the formalities of transfer to the name of the buyer

Yusuf Rampurawala
Advocate, Mumbai
7901 Answers
79 Consultations

it is important for the seller to take a delivery note,which is available in the rto transfer form set,specifying the date and time of delivery,duly signed by the buyer, which you have.

if the car is not transferred in his name in the name of the buyer and if he met with an accident first enquiry officer come to old owner

i. e. you.

Issue Legal notice and warn the company that you are going to complaint in the police station as well as consumer court.

By these ways you can make sure the name transfer is done by the buyer and that you are not in trouble anymore by that car.

Regards

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Sir kindly issue a legal notice to showroom to immediately transfer ownership of vehicle. Further on non compliance legal action can be taken.

Write a letter to RTO informing sale of car, attach copy of delivery note and agreement if any along with copy of RC of car.

Give copy of same letter to police station also.

Otherwise, On occasion of mishap you shall be held liable.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can send a notice to the showroom about this and also follow it up with the local RTO office .

On the basis of the receipt for sale and the delivery note you may write to the RTO office about the sale transfer of this property, and also can inform them that the showroom people are not cooperating to divulge the details of the buyer.

This action from your side will protect you from any possible legal action in this regard in future.

T Kalaiselvan
Advocate, Vellore
90028 Answers
2497 Consultations

Dear,

A delivery note is a one of the most Profound option to tackle such situation but the thing is that

u need to have a revenue stamp and seal to make it authentic and valuable. You have solid proof.

But for full security warn showroom owner, that please transfer ownership otherwise i can filed a complaint.

Tarun Agarwal
Advocate, Jaipur
768 Answers
3 Consultations

1) Check in the RTO on whose name car has been registered.

2) Inform to RTO that car is not in your possession, the owner of the car is different and it still shows on your name as per mistakes by showroom people.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Dear Client,

Very recently, Supreme Court has ruled, until vehicle do not transfer in the name of new owner in records, any liabilty arise due to accident etc. first owner is liable.

Issue legal notice to showroom, CC to RTO,

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

We will do it, contact to adv.jaswantsinghkatariya at gmail.com

Jaswant Singh
Advocate, Gurugram
930 Answers
2 Consultations

Dear Sir,

Yes must get rid of such situation. Get issue a legal notice and solve your problem.The law is as follows.

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

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Hello,

Give an application to the police with regards to this.

Additionally give a paper publication that you have sold the vehicle and therefore you will not be liable for any action in future.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Send a legal notice to the showroom and also inform the same to the local police station and concerned RTO with the copy of delivery note.

Prashant Nayak
Advocate, Mumbai
34550 Answers
249 Consultations

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