• Bike sold but the buyer did not initiated RC transfer as agreed

Bike sold but the buyer did not initiated RC transfer as agreed. Its been approx 2 years he has not changed the RC. I have moved to another city and can't meet the buyer in personal to sort our the issue. Please suggest the work around to teach him a lesson. Bike was sold in Thane and now I am in Banglore.
Asked 7 years ago in Civil Law

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13 Answers

Hello,

Send him a Legal Notice and in that write that if you do not transfer within 15 days then you will lodge a complaint. Send a signed copy of form 29/30 along with the same.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Hi sir as per your question I can suggest you to send legal notice giving 15days time for him to transfer the RC as agreed before to do the same if he doesn’t do as within 15 days then we can proceed to the court to comply the same... call me for further details

Koushalya Pattan
Advocate, Bangalore
174 Answers

1) inform RTO about sake of bike

2) inform police station that you sold the bike to x person and that he has not transferred it in his name and you apprehend that it may be used fir terrorist activities

3) issue public notice of sale of bike by you

Ajay Sethi
Advocate, Mumbai
99846 Answers
8148 Consultations

Take out a public notice stating that you have already sold this bike.

Inform the concerned RTO of the sale of bike and attitude of the buyer who is hesitant in getting the bike transferred on his name.

Send this fellow a legal notice with you.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

To teach lesson file a complaint of theft of your bike RC still your name against him.

To amicable settle issue him a legal notice to transfer RC since not done from 2 years.

Further send copy of notice to concerned RTO and police station

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1) One may give in writing to the RTO officer of Thane city that Bike has been sold 2 years ago still the paper of name change has not been transferred by new buyer whereas you already signed papers.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

If you feel it necessary, you can also lodge a complaint with the police and get an acknowledgement and keep it with the other papers or you can issue a notice to concern RTO that you have sold the vehicle but buyer not transfer till.

Mohammed Mujeeb
Advocate, Hyderabad
19334 Answers
32 Consultations

Please send him a legal notice through lawyer that having to commit any illegal activity he is not doing so.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

Please note that the registered owner remains liable for all of the actions if any crime or accident is happened by your vehicle.

So approach the present buyer to make necessary changes in the registration book of the MV Department.

If this does not happen then make a deed of transfer with him which would give you protection from liability arising out of accident or crime.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Send a legal notice to the buyer in this regard by clearly mentioning that you are not responsible for any liability due to the use of vehicle from a specific date of sale and any liability arise due to non transfer of registration certificate in your name will be Borne by you only

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Dear Sir,

It is grave mistake as recently Supreme Court says it is the RC owner who is liable to pay the compensation if such vehicle met with accident.

Get issue a legal notice and seize such vehicle immediately through police immediately as there is danger as stated above. Cancel the earlier sale transaction on the ground of violation of conditions of sale agreement and sell it to some body else. The SC 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

1. The initiation had to be from your end. In case of a sale of vehicle the seller has to send intimation to the jurisdictional RTO under Section 50 of the Motor Vehicles Act. Unless the name of the buyer is substituted in place of the seller in the records maintained with the RTO the latter continues to liable for any civil liability arising out of any accident from the vehicle in question.

2. Send the intimation to the jurisdictional RTO along with a copy of the delivery note signed by the buyer.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

You can give an intimation to the concerned RTO office stating that you have sold the bike on so and so date and the copy of the receipt may be enclosed.

You can give the details of the person who bought this vehicle from you and may request the officer to make an endorsement in the register against this number in order to avoid any accident claim in this regard in future.

T Kalaiselvan
Advocate, Vellore
90047 Answers
2498 Consultations

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