• I have sold my bike to a person, but he has not transferred the bike to his name

What legal action can I take on this person? I want to free up myself for any potential mis-use since the Bike is still registered in my name


Regards
Anoop - [deleted]
Asked 6 years ago in Criminal Law
Religion: Hindu

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27 Answers

You should serve a  legal notice upon the personfirst Indian to do the transfer of ownership of the side bike within 15 days of receipt of the legal notice failing which you will have to approach civil Court in order to get the same done by way of a suit for declaration.

Also, complaint for criminal breach of trust under section 406 of the Indian penal code can be filed against that person with the police.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Dear Anoop

you will be liable in case of any mis-happening caused by your bike as you are the registered owner of the vehicle, so it will be better to contact that person and try to transfer the ownership documents, if he is not ready than you may first issue a legal notice against him through your counsel and if he is not ready for the same even after the receipt of the notice than file a civil suit or criminal complaint against him before the civil as well as criminal court for breach of trust.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

It is the responsibility of the transferor to make sure that the vehicle registration has been changed in the name of the transferee,

2) According to the Indian Motor Vehicle (IMV) Act 50, 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.

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

4) if vehicle is involved in major accident owner whose name  is reflected in RC book would be held liable

5) you can inform the RTO about sale of vehicle by you by letter sent by regd post AD

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

File a complaint before the police. Submit the copy of police complaint along with details of buyer before the concerned RTO office.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. IF you have documentary evidence of Sale of Vehicle, and IF you have taken buyer's signatures of the RTO Transfer Forms, THEN duly inform the related district RTO and the Police, about the same and enclose the above documents.

2. ALSO serve a Legal Notice to the Buyer party directing him to submit transfer papers to RTO and provide you with the acknowledgment copy and input a clause in the legal notice, that he would be liable for any & all legal disputes or eventualities arising out of or relating to the vehicle.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

1. Did you send intimation of sale to the jurisdictional Regional Transport Officer (RTO)? 

2. Unless the transfer of ownership is done you continue to the owner of vehicle for all legal and practical reasons and will be liable for the civil consequences and also under the criminal law for any illegal act done by the buyer involving the sold vehicle.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

You may send a legal notice to him and may send a copy of it to police station so that in case of some unforeseen event you may shaw the said notice to the authorities.

 

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

- 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.

- If, you know his address in Inida, then you should send him a legal notice/self notice  , and request him to transfer  the ownership in his name, and further inform that in case of failure to do so, you are bound to complaint against him.

- If, no response , then lodge your complaint with the police station after narrating all the facts and submit all the documents you have in your support.

- Further, also inform the RTO in written , after enclosing the said police complaint reciving copy/legal notice  , and thereby  request the official to change the ownership.

- If, you are in abroad , then you can also lodge your complaint online as well. 

 

Good luck and dont forget to rating Positively.

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Registered Owner Of Vehicle On The Date Of Accident Will Be Liable Even If The Vehicle Is Sold Before The Accident.

Owner is under an obligation to transfer the vehicle. Informing RTO will not absolve your liability. File FIR of theft. 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

In which city the bike is registered?

 

Regards


The application will have to be given to RTO.

you may get in touch if you need further assistance 

 

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You can can contact the advocate of your choosing from kanoon.com itself for which you will have to book a consultation call with the advocate concerned.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Better contact local lawyer in city where you sold the bike 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You can engage an advocate locally from website to help with you issue.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Have you executed any agreement to sell ? Well, as a precaution, legal notice must send to that person. May on the intimation of legal proceeding he may process for transfer of RC.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

- Myself practice in Delhi High Court,

- If, your address in Delhi, India , then  i can handle your case.

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

1. IF your matter pertains to Mumbai City, THEN I can conduct the necessary /required proceedings.

2. An personal message is send to your mail.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Dear Sir,

File a police complaint in this regard and keep the complaint receipt safely. Then check if the insurance has been renewed because even though you don't own the bike , if the vehicle registered in your name is involved with an accident you'll be pulled up and might have to deal the unpleasant indian judicial system. If you want to give the guy a hard time. After checking up on insurance file a complaint saying your vehicle is stolen. (I don't recommend) of course it wont hold any merit because the guy would try to prove the vehicle is his and then he'd want to change it to his name immediately.(but it saves a lot of time and gets the job done) .

In my case (yes I had a buyer with a similar disease) i filed a police complaint after which buyer upon receiving a call from the police station was motivated enough to change the ownership in the rc.
 I had to deal with numerous traffic violations (the kid was speeding most of the time) and a court summons because I refused to pay up. Trust me sort it out quickly . These things rear their heads up when least expected.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Though the person on whose name the registration certificate of a vehicle stands is the person who is liable if any mishap or crime is committed by this vehicle, if you have documentary proof that you had sold the bike long before there is no way you can be held responsible.  

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

The legal action you have to initiate is to ensure that the transfer of the vehicle has been done on his name by issuing him a legal notice to the buyer with a copy endorsed to the RTO.

 

The latest supreme court judgment on this is that the previous owner shall be liable for the compensation if the name has not been transferred to the buyer's name as on the date of accident.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You can engage the services of any lawyer of this forum or in the local where you belong or the vehicle was sold.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Hello,

Kindly contact me over phone and I will do the needful.

Regards

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

1. You had the contact details of the person when you had sold him your bike.

 

2. As per law you were supposed to get the appropriate form filled up by both of you and submit before the RTO which has not been done yet.

 

3. Now, send a letter to the buyer at his last recorded address asking him to change the ownership of the bike in his name under copy to the I/C of local police station, RTO and also  police commissioner duly informing them that you no longer stay in India and the buyer shall have to be held as responsible for any accident or misuse of the said bike.   

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

If you have lost the buyer's contact address, then you shall have to publish the said letter as advised in my earlier post notifying all concerned that you have already sold your bike to the said person who has not changed the owner's name in the records kept with the RTO.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

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.. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

there are number of lawyers on this website you can contact anyone. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You can file a police complaint about the same and inform the regional transport service. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

You should send that person a legal notice to transfer the bike on his name as soon as possible.

After that notice if he fails to register the bike file a suit of specific performance and mandatory injunction against that person and make RTO as party to the suit. 

If you don't want to file suit then publish the Notice in two local news papers regarding sale of bike and seller is not responsible for any mishap in future.

Also send a registered letter to Registration authority to Inform about sale of bike to that person.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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