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 nane is reflected in RC book would be held liable

5) you have to prove that bike was sold by you 

As per Section 2(30) of the Motor Vehicles Act, 1988, provides that the person in whose name a motor vehicle is registered is the owner and, hence, he alone is liable for payment of compensation.

In its judgment, a three-judge SC bench said, “In a situation such as the present where the registered owner has purported to have transferred the vehicle but continues to be reflected in the records of the registering authority as the owner of the vehicle, he would not stand absolved of liability.

1. if the driver of the motorcycle, registered in your name, caused an accident and any person died in said accident, then the legal heirs of the deceased can file a claim against you being the owner of the vehicle,

2. since the vehicle is not registered, therefore, you along with the driver are liable for the damages,

1. You continue to be the owner of the vehicle for all legal reasons. Hence, civil liability in the form of damages will be fastened to you if the victim files a compensation claim before MACT.

2. A vehicle is not to be sold in such a casual manner. You have to intimate the RTO under Section 50 of MV Act and get the RC transferred.

Very simple, you will be held liable for the entire thing and have to be a party to it and proving it will take time

1. Sir may be also held liable for the dates now the burden is upon you to show the bike was sold and was not transferred.by buyer.

2. Since your name is reflected on RC you would be made party to it.

1. As per a Supreme Court judgement, person whose name in Vehicle's RC book shall remain liable for ANY untoward incidents /whatever arising from usage of such non-transferred vehicle.

2. In the given circumstances, you would have to face prosecution for the same, more so since you do not have any documentary evidences of its sale or vehicle sale transfer papers.

3. However you can circumvent the issue by claiming that Vehicle was unused by you, hence insurance not done and that you are outside the Country and that someone stole the vehicle in your absence and that you would not lodge police FIR for same, due to your absence from India.  This will dilute most of the FIR case matter. Do this thru a local Lawyer specializing in Criminal matters.

The fir has been lodged. The police will start an investigation and arrest you and therefore file an anticipatory bail application. Also the liability would be yours as your name is on the papers. Therefore make other persons who purchased the bike parties as they are also liable.

If no insurance than you only liable to compensate injured who hit by bike. No criminal liability.

- If the name was not changed, you will have bear the below consequences as per Supreme Court guidelines

 - Reimbursement against person death as awarded by court.

- Criminal liability if other side to driver died, if not proved you were not driving.

- Compensation to the family of deseased.

- Do apply for anticipatory bail immediately.

Regards

Vivek Arya

Nowadays after supreme Court latest judgement if the name is not transferred there is a lot of issues faced by earlier owner. If you have legal papers and you have informed police station and rto for the said sale then you submit the papers to the police 

The onus of proof lies with you only as you have sold in bike to somebody else and he has transfer the bike to somebody after that and there is no insurance renewed there after that is the only ground that you can take that since you have transferred the bike and eventually you are not holding any document off sale I am not aware that whoever has taken this bike after that this bike was in my name and the purchaser has never been got it transferred so he was not able to renew the insurance in my name because as per the record insurance will definitely go to my place this can save your life if accepted by the court

- As per the Supreme Court Judgment, if you sold your vehicle and failed to transfer the ownership 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.

- Further, a driver, not under the influence of alcohol, causes someone's death in an accident, police can apply IPC section 304-A (causing death by Negligence), which is a bailable offence.

- Since, the driver himself was drunk and died, then this section will not be applicable on you. 

- As per law, if the Owner was not with the driver at the time of accident , the onus is on the person driving , and the owner of the vehicle can be liable if the vehicle was not in roadworthy condition.

- Since, you are not residing at the old address ,and are outside country , hence dont bother for the same, otherwise police will try to play a game against you. 

Good luck and dont forget to rating Positively. 

You have sold the bike but have not taken any steps to transfer the bike to the buyer's name.

The responsibility of changing the ownership of a vehicle lies with both the buyer and sell.

If you have you sold your vehicle but forgot to  to change the ownership in registration records, then you would be liable for compensation claims arising from any accident involving the vehicle even if it is now being owned and driven by another person, as per a recent ruling by the Supreme Court.

The question to be asked is: Whether the owner of the car should be happy that sales consideration has been received and the purchaser has given the delivery note mentioning that possession from the seller has been obtained? Sadly NO. The Supreme Court recently, in case of Naveen Kumar vs Vijay kumar and others, had occasion to consider the legal liability of the owner in whose name the car continued to be registered even after it was sold. The matter was relating to the vehicle being involved in an accident resulting in injury to one person and death of the other person.

Even though you are out of the country, the liability falling ion you cannot be waived.

1. This is a regular problem faced by people who sell their bikes without recording the sale before the RTO.

2. At least you are aware whom you had sold your bike.

3. Approach the police after reaching India, if you are returning shortly, and informing him about the details of the sale and also the fact that you were far from the spot.

4. Also send a letter to the RTO informing that you have sold your bike to the said nperson on such ande such date.

Better at this time file a writ petition in High Court to get the stay on arrest based on the police harassment. This will give you time to manage the problem and police have to complete the investigation.

Please rate the answer if you like it.

You can tell police that at the time of bike sold you have signed Form 29 & 30 if its inter state than form 31. for transfer of ownership but the buyer did not submit the form in the RTO. so its not your fault. they can seize the bike as you are not responsible person ans you have agreement of bike sold etc.

As original owner you  would be liable for compensation claims arising from any accident involving the car even if it is now being owned and driven by another person

2) Under the Motor Vehicle Act, 1988, the owner of the vehicle is a person in whose name the vehicle is registered unless in case of agreements relating to Hire purchase/ lease/ hypothecation, where the owner will be deemed to be the person in whose possession the vehicle is and not the Hire Purchase/ Lessor Company / Bank.

3)you can apply for and obtain bail if FIRis lodged against you 

1. If bike ownership is still on your name then you may have to pay the claim if family of deceased file claim under MACT petition.

2. Police is enquiring about you to know about the person who was riding the bike at time of accident.

The person died and hence somebody else must have gotten hurt too. They may demand compensation from the owner which is technically speaking is you.

If he died and nobody else got hurt then you might not be implicated.

You might have civil liability towards the injured person if bike was not having third party insurance but you cannot be held responsible for criminal liability.

See if any case of claim or compensation is filed you can be made party to same and can be made liable to pay same.

The legal heirs of the deceased person will make a claim before motor accident claims tribunal against the insurance policy, provided the insurance policy is in force.

The person driving under the influence will have to cough up the entire amount for causing death or injury, according to the Motor Vehicles (Amendment) Bill introduced in the Lok Sabha.  ..

There are laws which do not allow the insurance claim if the driver was found to drunk and drive.

Don't worry just appoint a good lawyer he will take care. 

1. Has FIR been registered against you? This has to be found locally with the assistance of a local lawyer. If the answer is yes then only you have to apply for bail.

2. Since the buyer has himself died you are not liable to pay compensation.

No criminal case.

No compensation for own wrong.

- If you are having apprehension of arrest , then apply for getting anticipatory bail , with the help of any relative in India , as you are abroad. 

-  Since, the person has already died for his wrongs , then question of compensation not arise.

1. you will not face any criminal action since no crime was done by you, 

2. since the driver of the own vehicle died, therefore, he/his legal , heirs cannot make any claim,

3. I am not seeing anything serious from your point of you,

- You shall have to prove your stand against criminal act and FIR launched against you on accident.

- Secondly, you shall be liable to pay the compensation to the deceased as per the standard guidelines of the Insurance Act.

- Feel free to connect for further guidance with the input of all the details to give better advice. 

Regards

Vivek Arya

1. In the instant case there is no crime involved as it is a case of accident death for drunk driving.

2. Had some other person died and the driver had left the sopt leaving the bike, you would have been in trouble 

3. The driver has caused offence by drunk driving for which he has met with an accident and died. Under no ground you can be implicated in the case when it is a fact that you have long sold the bike to a third party.

4. Your fault is that you have not insisted for and ensured that the the buyer's name has not been entered in to the RC Book deleting your name.

Dear Sir,

Hope the seller has the papers to show that the car was sold to the buyer, if the papers are there, the seller can prove that he is not liable for any actions.
In this case, the insurance company will deny the claim as the buyer has not transferred the car in his name