• Buyer not getting RC transfered in his name

I have sold my car to person but he is not getting the RC transferred in his name. Whenever I am calling him he is telling me that tomorrow or the day after tomorrow ... like that 3 months have gone. Now he is not picking up my call and neither he is replying to my Whatsup messages.
Asked 4 years ago in Civil Law

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15 Answers

File a complaint in the police station stating that this person took away the vehicle and has  not transferred the ownership. This is an offence. If the police is reluctant then file a complaint before a magistrate in the court.

Also send him a legal notice that you will proceed if he doesn't respond.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Hi

File a suit for specific performance against him.

You can also file a formal police complaint against him for this.

He will get it done on the formal complaint only.

To initiate specific performance suit you need to send him legal notice first. 

Thanks 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

You do not need to worry.  Just inform the police about the sale of your car with a copy to RTO.  That will save you from all legal hassles. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 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 mentioning all the facts and submit all the documents you have in your support, and further informed that you have tried repeated number of times to the buyer , but he is not agree for the same. Hence you will be not responsible for any untoward incident , if taken place by the said buyer. 

- 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
13230 Answers
198 Consultations

5.0 on 5.0

you must address letter to RTo by regd post AD informing them of sale of your car.

2) enclose copy of delivery note received by you and proof of payments received by you .

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

4) you can also publish public notice in 2 local newspapers that the seller shall in no way whatsoever be responsible for any misdeeds,unlawful activities or any acts of omission or commission with the car (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 car 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 car ."

Ajay Sethi
Advocate, Mumbai
94734 Answers
7539 Consultations

5.0 on 5.0

Till name will not transfer, you will be sole owner and liable for any accidental - no license - no insurance compensation. Complain to police of theft.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

You inform the same to nearest police station and rto about the said sale. Also send a cc to the said buyer by registered post. Still if he doesn't register your vehicle you need to approach court for direction

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

Don't worry if you have his e-mail ID or do not have then have his permanent address then send him a mail either way mentioning all the facts from sale up to date and in the last mention that in spite of repeated reminders you are not getting vehicle transfer in your name and so all the responsibility arising out of this non transfer or any legal anomaly arise in future shall be of his and he shall be liable for the same. Also send a copy of this letter by mail or post to RTO with which the vehicle is registered and local police station of the area. Sleep tight after this compliance.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

You issue a legal notice stating that he purchased the property on so and so date,  whereas despite many reminders he failed to get the RC transferred to his name. 

You allow him 2 weeks time to rectify the said omission,  if not you can ask him to return the vehicle immediately and you may also inform her that you are not liable for any accident or consequences thereon in the meantime. 

 

This will protect your interests. 

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

See you can give a police complaint.regiarding same also you can intimate the concerned RTO in written of sale and attach copy of sale agreement and delivery challan.

The concerned person can be also.served with a legal notice.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Issue notice to the said buyer asking him to come and complete the Transfer formalities with the concerned RTA marking a copy to the concerned RTA and also local police.  By way of Regd. Post with Ack. Due.

Enclose the copy of message sent to him.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Kindly make written complaint and send RTO Form 28, 29 30 along with your signature on it and photo copy of it the both the RTO office from and to.

 

If anything goes wrong tomorrow you should not held responsible about it. give proper intmation to the RTO office of both the cities.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

You continue to be the owner of the vehicle as the transfer has not been made in favour of the buyer. It was incumbent on your part to send the intimation to the RTO with the delivery note made by the buyer

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Dear Sir,

Very dangerous case, liability may be in millions rupees. Till now you are owner. Lodge a complaint with police. Take the help of them. Bring the vehicle to police station or your home. When transfer is effected, have xerox copy of that hand over the vehicle. It is legal.

If somebody sells her/her vehicle then it is to be communicated to the registering authority within 14 days by submitting a prescribed form. This form contains a signature of purchaser. It means it is a joint responsibility. But for 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.

Many times people sell their vehicle to agents and then agents sell it to somebody. And while doing this blank forms signed by previous owner are forwarded to next owner to avoid the transfer cost and to save the time and trips to RTO office. It is dangerous practice. If anything goes wrong the agents/ middle men will not share any responsibility.

So it is better to do the paperwork on time, each time to save oneself.

I recommend you to read the Form 29 and 30 carefully to understand the responsibility.

You can send a legal notice to a buyer if he is not cooperating. RTO will recover a late fee/ compounding fee for late submission of transfer documents. This fee is small but your legal responsibility is much bigger.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

1. Send him a legal notice through your advocate for transferring the RC on his name.

2. If he doesn't reply or refuse to comply with legal notice file case for specific performance against buyer.

3. Also send an intimation of sale to RTO so that if any complaint arise against your car in future till tranfer of RC then you can defend yourself.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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