Is there any legal course of action that can be taken against a buyer who has purchased my bike, but not transferred ownership? Today, with online challans and the new MV Act, I really don't want the police sending me notices about that person's traffic violations. Also, he hasn't even bothered insuring the bike over the last two years.
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1. You can send him a legal notice to get the vehicle transferred in his own name with immediate effect and also warn him of legal action for any disregard to the said instructions.
2. You can also file a civil suit against him in addition to a police complaint
See you have to register a complaint before police station and also intimate concerned RTO office that bike possession is taken but documents not transferred.
See in case of any mishap it will be your liability so better you file a complaint and intimate RTO office.
Thank you both for your response. I'm curious about the next stage. What exactly is the legal action that I can pursue if he doesn't comply with the legal notice?
1) inform police about sale of bike by you and that buyer has not transferred bike in his name that you apprehend bike may be used for terrorist activities
2) also issue public notice about sale of bike by you
inform RTO about sale of bike by you
also inform police and issue public notice about sale of bike
You can seek an order from civil court against him to seek transfer for the bike immediately
He is driving without insurance. In case of any accident, you only will be responsible to compensate third party and such compensation sometimes range in crores. You are running under high risk. Bike is still in your name, file FIR of theft.
Send him legal notice to transfer of ownership and insurance renewal and till bike plied on road, you will file FIR of theft.
See if on notice he fail going for police complaint is suitable option.
You can send Form 28, 29,30 signed to his (buyer) address by registered post. And photo copy to RTO.
And making application to RTO that you have sold your bike 4 years back to seller and he has not transferred the bike on his name till date.
- 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.
- You should lodged your complaint with the police station after mentioning that you have already sold the said vehicle , but the buyer is not coming forward to transfer the same, and submit all the documents you have in your support.
- Further, also inform the RTO in written, after enclosing the said police complaint receiving copy , and thereby request the official to change the ownership.
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.
Approach before local police and file complaint Against buyer.
Yes a criminal complaint must be lodged and the polive shall take appropriate action under the motor vehicles act.
He wouldn't comply with the legal notice. You should file a complaint and the police shall take care of it.
1. Send him a legal notice for transfer of ownership of bike if not done then you can take legal action against him.
2. You should also send a notification of sale of bike in RTO office.
3. If he refuse to transfer ownership of bike then file suit for specific performance against new owner for transferring ownership of bike.
If you know the name and address of the buyer then you send a legal notice to him mentioning that he has not got the vehicle transferred to his name till this date from the date of purchase.
You can instruct him to get it transferred to his name immediately and you state that you are ready to cooperate with him.
You can endorse a copy to the RTO office which will save you from any disaster to some extent.
In the legal notice you can also mention that you will not be liable for any consequence including accident or any other untoward incident that may take place due to this vehicle and also state that you may approach even police for theft of vehicle if he is not cooperating for transferring the vehicle to his name.