It's his liability to register. You can buy the same if you are scared that some case will be filed on you on non registration of the car.
Sold Car registration
I sold my Kerala registered car to a person in Bangalore. He wanted to register the car in TN. He agreed to pay the road tax in TN and sold the car for merely 25000. I have provided a sale noc from Kerala . Now he is not registering it and saying tax is so high and he can't register. What I can do now? I know it was my mistake . However is there any way I can either get the car back or register it in the new owner's name
Asked 4 years ago in Civil Law
13 Answers
If he is willing to do so that return car back. Otherwise you can make complaint in your city RTO where you have registered initially and In TM in which city you have sold the car.
Request police officer to get back car to you or if any accident happen you shouldn't be blamed.
1)
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
Hello,
you may send a legal notice to him and send a copy of the samw to the local police statwhere he is residing so that if any report is filed against the car in future then you may produce the said documents.
Regards
Dear Sir
Kindly just get back the car and get it registered in the name of new owner to avoid future complications since now registered owner will be held responsible if any road accident happened.
Immediately inform concerned RTO about the transfer made by you.
It is the duty of both parties to file Form No.29 & 30 respectively once the transfer takes place.
Since the person sold to third person, without getting it transferred in his name, the RC will in all probability reflect your name, as such, you inform the concerned RTO by giving details of the same.
Further, you issue notice to the person marking a copy to concerned RTOs to avoid any future litigation etc.
Hi,
In this condition, you may ask him to return the car and take his payment and then you may sell it to other person who is ready to get that registered.
Till registration dose not trasfer, in case of accident, actual owner shall be liable, so at least, insurance police should not be lapse.
File FIR of theft against person.
You can file police complaint against the buyer and further intimate the local RTO of same .
Further on police complaint he may come on compromise and register car or will return the car.
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.
Send him a legal notice for registration of car.
Give him 15 days to proceed with registration.
After that you should initiate the suit of specific performance against him.
Or you can ask him to return the car or lodge FIR against him for car theft.
- If somebody sells his vehicle then it is to be communicated to the registering authority within 14 days by submitting a prescribed form.
- If , due to 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.
- Further, it is buyers responsibility to pay the fee for the change of ownership .
- Since , that person is not ready to registering the said car in his name, then you should send a Notice/legal notice to that person.
- You should also lodge your complaint against that person before the police of your area, after stating that the said car has been taken by him , after promising to transfer the same in his name, but inspite of repeated request , he is not doing so. Hence , in the event of some happening you being the owner will not responsible for the same.
- A copy of legal notice/your notice , should be attatched with this complaint to the police.
Since you have sold the car and also have given him NOC through RTO for getting the registration done through some other state, your liability on this car is extinguished.
You do not have to be worried about whether he is doing a re-registration or not, you can inform your RTO in writing stating that you have already sold the car on so and so date and you are not liable for anything that have occurred or may occur post the date of selling the vehicle, this will protect your interests.
