• Motor vehicle transfer of ownership

Hi Sir,
I had sold my old car 4-5 years back and i had given buyer all the papers and NOC of the insurance company ( we had taken a loan on car) but buyer has been giving excuses now he totally refused to transfer the ownership. He has been making us fool since 4-5 years. What can be done in this case? Can we take any legal action. The car is registered in Sheopur (M.P.) rto and buyer lives in Bhopal (M.P.)
Asked 4 years ago in Property Law
Religion: Hindu

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16 Answers

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.

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

3) send a letter to RTO where your car was registered informing them that you have sold the car and handed over original papers of car to purchaser

4)if the car is involved in some major accident or stolen and used for some anti-social activities police will file complaint against you as your name is reflected in the RC book

 

5) 

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 .

6) 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
94734 Answers
7539 Consultations

5.0 on 5.0

Send letter by registered post to RTO about sale of car by you 

 

2) also to police station in Bhopal by post 

Ajay Sethi
Advocate, Mumbai
94734 Answers
7539 Consultations

5.0 on 5.0

Dear Concenred, 

 

Through a local lawyer in the place of registration - give a public notice that you have sold the car to so and so who is not transferring the vehicle - hence for any acts the new buyer will be responsible. 

 

 

Atulay Nehra
Advocate, Noida
1308 Answers
58 Consultations

5.0 on 5.0

You can download online forms 29 to 30 from RTO site and make application of transfer of seller name by his city with all details and send him screen shots of online application.

To submit all papers where you also has to sign one form, send all forms at his residence address and ask him to submit in the local RTO.

 

Here you will have to pay online transfer fees.

 

If he is not registering the car kindly make complaints to both the RTO to seize the car.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

You inform the RTO and the local police station about the sale along with the documents. You also inform that he is not registering the same and any incident or accident after date of sale will be his liability

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

See you can register a police complaint against the buyer if the buyer failed to register and also can intimate the RTO office of same.

See on police complaint under pressure he sha transfer the vehicle.

 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

See since still.vehicle is in your name it shall be great risk to you as in case anything goes wrong like an accident you shall be also responsible in same.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

- You must file the police complaint immediately to safeguard yourself from any serious Hazzard action from authority if any problem arises due to that vehicle.

- Feel free to connect.

 

Regards

 

Vivek Arya

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

5.0 on 5.0

Sir,

     Please visit the local rto office and give a detailed application to them, about the transfer.

     You can also complain to your local police station against him, how he fails to transfer the 

     vehicle in his name and he is responsible if any mishappening happened in the future.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

Sir, 

Do you have any Affidavit from the buyer? which states that he has bought this car from you on that date?

Abhishek Sharma
Advocate, Chandigarh
128 Answers
2 Consultations

5.0 on 5.0

Hi, it is advisable to file a complaint at police station, under section 420 IPC for cheating..The car is still in your name,and in case of any incident you will be held liable for the compensation 

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

Dear Client,

If The Transfer Of Vehicle Is Not Registered With Authority Original Owner Is Liable in case of accident and insurance lapsed. Inform the regional RTO and file theft complain.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

You should issue a legal notice to the buyer with a cc to Regional Transport authority and police station(where the buyer lives) to change the ownership of the vehicle.

Police station will seize the vehicle immediately as the buyer has not changed the ownership details in RTA Office.

Regional transport Authority is also empowered to seize the vehicle if police do not act.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

If he is refusing to register the car on his name instead of regular reminders then you should lodge an FIR for theft of your car and give his name as suspect.

Because the car is still on your name he will be forced to claim the ownership by registration on his name. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Since you have sold the car and have already received the sale consideration amount and also have given him all the papers, you may inform the concerned  RTO office about this by attaching the copies of the relevant papers obtained  after selling the vehicle and inform that you have sold the vehicle  on so and so date after which you are not liable for any incident with regard to this vehicle ever since the date of selling this vehicle to that party.

You do not have to bother about it after this because you have washed away your responsibility by informing concerned RTO office about this.

T Kalaiselvan
Advocate, Vellore
84935 Answers
2197 Consultations

5.0 on 5.0

You do not have to contact the buyer once again on this except that you inform the concerned RTO about  this in writing and complete and throw your responsibility on the buyer which will be safest way instead of begging the buyer on this.

 

T Kalaiselvan
Advocate, Vellore
84935 Answers
2197 Consultations

5.0 on 5.0

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