• Bike ownership not transferred

Sir,
In 2013, I purchase new bike by exchanging old bike. Old bike is still registered on my father's name. Worst part is i have missed documents of sale. In afternoon I was casually check at mobile aap M-parivahan for ownership details of my old bike. Then I found that it is still not transferred and challan of rs 500 also pending. What to do now sir please suggest.
Asked 4 days ago in Property Law from New Delhi, Delhi
Religion: Hindu

Issue legal notice to buyer to transfer bike in his favour 

 

2) inform RTO about sale of bike by you . Enclose copy of delivery note and proof of payment s received by you 

3) you can also issue public notice about sale of bike that the seller shall in no way whatsoever be responsible for any misdeeds,unlawful activities or any acts of omission or commission with the bike (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 bike "

 

4) also send letter to local police station that purchaser has not transferred bike  in his name yet and you apprehend bike may be used for terrorist activities .

Ajay Sethi
Advocate, Mumbai
71853 Answers
4317 Consultations

5.0 on 5.0

You should contact the current owner and ask him to transfer the bike to his name.  Also pay the challan. If he doesn't then give an application to the rto and also file a complaint.

Rahul Mishra
Advocate, Lucknow
6094 Answers
14 Consultations

5.0 on 5.0

A copy of the sale document must also be with the buyer. Ask him for a copy and tel him that you lost yours.

He cannot deny that he has not bought the bike.

Rahul Mishra
Advocate, Lucknow
6094 Answers
14 Consultations

5.0 on 5.0

issue a legal notice to the buyer and inform to Regional Transport authority and police station 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
13706 Answers
5 Consultations

4.5 on 5.0

Immediately inform to Regional transport authority.

 

Mohammed Mujeeb
Advocate, Hyderabad
13706 Answers
5 Consultations

4.5 on 5.0

You have to locate the buyer and take steps to transfer the same to his name immediately or you can give an application to the RTO stating that you have already sold the vehicle to someone whereas he has not transferred the vehicle to his name hence to keep a note of it 

No doubt the second step may not giver you any relief, if yes, you can give a police complaint that the vehicle has been stolen  which will be recorded and a FIR would be registered after which you need not be worried about any such challans.

 

T Kalaiselvan
Advocate, Vellore
61766 Answers
796 Consultations

5.0 on 5.0

1. Contact the person immediately to whom you sold the bike and began the process of transfer,

2. Presently it's a matter of one challan only but keep remember the registered owner is liable for any liability towards the vehicle,

3. I am not frightening you but recently a person is burdened with a liability of 18 lakh as his sold vehicle met with an accident and the vehicle was not insured

Suneel Moudgil
Advocate, Haryana
1442 Answers
1 Consultation

4.5 on 5.0

1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like Cheating, Intimidation, Fraud, Breach of Trust, Mischief etc.... against the person, supported with all relevant supporting Documents & Witnesses. This will atleast indemnify you against futuristic legal prosecutions.

2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet.

Hemant Agarwal
Advocate, Mumbai
3650 Answers
19 Consultations

5.0 on 5.0

If you don’t have any evidence of sale you will not be able to price that bike has been sold by you 

Ajay Sethi
Advocate, Mumbai
71853 Answers
4317 Consultations

5.0 on 5.0

You need to inform the buyer that he should register the same at the earliest. Also inform the local police station and RTO for the sale of the said vehicle

Prashant Nayak
Advocate, Mumbai
16606 Answers
30 Consultations

4.6 on 5.0

Sir register a police complaint for same and intimate the RTO where vehicle was registered, since RC is not transferred in case if any accident you can be made accountable.

Shubham Jhajharia
Advocate, Ahmedabad
22786 Answers
91 Consultations

5.0 on 5.0

See you have to file complaint for same.

Shubham Jhajharia
Advocate, Ahmedabad
22786 Answers
91 Consultations

5.0 on 5.0

Dear Sir,

Ask that person to file an FIR about lost documents. Use the FIR to reapply for all the documents. When the new documents are received, get a letter of sale and transfer to your name. Then go to RTO office to transfer the bike in your name.

Netravathi Kalaskar
Advocate, Bengaluru
4558 Answers
22 Consultations

4.8 on 5.0

- 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 first lodged 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 receiving copy , and thereby  request the official to change the ownership.

Mohammed Shahzad
Advocate, Delhi
1573 Answers
25 Consultations

5.0 on 5.0

Send legal notice to company to which it was exchanged to forth with stop plying bike on road till RC not transfer. And any liability arise due to non transfer of RC, accident claim compensation without insurance and use of bike for any illegal act - Company only shall be liable.

Still not changed, file consumer complaint.

Yogendra Singh Rajawat
Advocate, Jaipur
16608 Answers
21 Consultations

4.6 on 5.0

No need of sale document.

Yogendra Singh Rajawat
Advocate, Jaipur
16608 Answers
21 Consultations

4.6 on 5.0

Dear Sir,

You have give a notice to the other party alongwith also have make a complaint in police regarding the loss 

Anand Shukla
Advocate, Delhi
524 Answers
13 Consultations

4.9 on 5.0

1. File a complaint of fraud against the agency through which you have sold the bike. 

2. You can make complaint before police for fraud

3. or you can file case before civil court for specific performance against agency from which you exchanged the bike. 

 

Mohit Kapoor
Advocate, Rohtak
6450 Answers
2 Consultations

5.0 on 5.0

You can make complaint to RTO and just have to sign form 28 - 30 accordingly. Only documents are required RC book, insurance policy papers and puc certificate.

 

Check all documents can get in duplicate from respective offices and signed FORM 28-30 of RTO act of transfer of ownership. You can get forms and all details online on RTO site. parvihan.com

Ganesh Kadam
Advocate, Pune
9004 Answers
74 Consultations

4.9 on 5.0

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