Yes you can intimimate the local police station of same and also can intimate vide a letter to RTO.
See you need to give police complaint immediately as in case there is any accident or any illegal activity you shall be responsible for same.
Vehicle ownership not transferred by buyer
Dear Sir, I sold my Scorpio in 2015. We signed all papers and took delivery note from the buyer. The buyer promised to transfer the ownership. Recently I checked on the VAHAN website and came to know the RC is still in my name. When contacted, the buyer promised to get it regularized soon, but now he is evading my calls. Do I have a legal recourse?
Asked 4 years ago in Civil Law
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12 Answers
you must address letter to RTo by regd post AD informing them of sale of your car .
2) enclose copy of delivery note received by you and proof of payments received by you .
3) also send letter to local police station that purchaser has not transferred car in his name yet and you apprehend bike may be used for terrorist activities .
4) 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."
Dear Sir,
If somebody sells her/her vehicle then it is to be communicated to the registering authority within 14 days by submitting a prescribed form. This form contains a signature of purchaser. It means it is a joint responsibility. But for any reason the vehicle is NOT transferred, then all legal responsibility lies with the owner whose name is there in official records of registering authority.
Many times people sell their vehicle to agents and then agents sell it to somebody. And while doing this blank forms signed by previous owner are forwarded to next owner to avoid the transfer cost and to save the time and trips to RTO office. It is dangerous practice. If anything goes wrong the agents/ middle men will not share any responsibility.
So it is better to do the paperwork on time, each time to save oneself.
I recommend you to read the Form 29 and 30 carefully to understand the responsibility.
You can send a legal notice to a buyer if he is not cooperating. RTO will recover a late fee/ compounding fee for late submission of transfer documents. This fee is small but your legal responsibility is much bigger.
You can inform the RTO about the sale along with the local police station and buyer details. Later it's buyers liability to do the transfer. You can inform the buyer that you have reported to RTO and police about the same in writing
Until car dose not trasfer, for any accidental claim, you shall be liable. Complain to regional transport office and file FIR of theft.
Write an application to the RTO of the City with a copy to concerned Thana , then sleep tight, nothing can be happen to you.
You have nothing to do. Keep the sale agreement with you. Inform local police and RTO.
Dear client,
On the basis of Sale Agreement, you may force him by filing a Suit for Specific Performance in the Civil Court.
- As per the Supreme Court Judgement, if you sold your vehicle and failed to transfer the owneship through legal way , then you will remain the owner of the vehicle , and further you will be responsible for any untoward incident and accident by the buyer.
- As per the Indian Motor Vehicle , the transferor (seller) has to inform the Regional Transport Offices (RTO) within 14 days of the transfer of ownership.
- Further , this Act also instructs the transferee (buyer) to inform the RTO about the change in vehicle ownership and produce all the required documents within 30 days of the transfer.
- Since the said buyer is evading your call , then you should first lodged your complaint with the police station after narrating all the facts and submit the Delivery report copy as well .
- And also inform the RTO in written , after enclosing the said police complaint reciving copy along with delivery report , and further request the official to change the ownership in the absence of buyer .
Good luck and dont forget to rating Positively.
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 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.
You can file suit for specific performance against the buyer for registration of vehicle on his name. But before filing the suit you should send him a legal notice through advocate for completion the registration of vehicle on his name.
Or other recourse is to give him warning that you will lodge FIR for theft of vehicle against him if evades the registration of vehicle on his name.
You don't have to be worried about this.
Since you have already sold your vehicle and also obtained receipts and delivery note from the buyer, you can always produce the documentary evidences in your possession to defend your interests in case of any case in future in this regard.
In any case, you can intimate RTO office about this by a letter sent through registered post and keep the office copy safely.
