• Transfer of ownership of a commercial vehicle

I sold my commercial vehicle (wagon R) however the ownership was not changed. We did signed on an agreement at the time I sold the car. I have asked the buyer to change the ownership to his name but he is denying to do so. He is violating the traffic rules and almost everyday I am getting the messages from traffic police for challans. I did file a FIR last year and another complaint yesterday online on the Delhi Police's online portal. Please suggest what else can I do as I am not using that vehicle anymore.
Asked 2 years ago in Criminal Law
Religion: Hindu

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38 Answers

File FIR of theft. Till vehicle ownership do not change, owner is only responsible for any accident.

What is the result of previous FIR ? or police just registered complaint and no further action ?

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1) issue legal notice to buyer to transfer vehicle in your name 

 

2) inform RTO about sale of vehicle 

 

3) issue public notice that vehicle has been sold by you 

Ajay Sethi
Advocate, Mumbai
89022 Answers
6344 Consultations

5.0 on 5.0

Carry on with these FIR and complaints and also file a specific performance suit against him for asking him to transfer the ownership on his name 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

You can file a suit for compensation and direction of the court to get the same registered in his name. Information RTO and police if done already put reminders. 

Prashant Nayak
Advocate, Mumbai
28058 Answers
93 Consultations

4.4 on 5.0

Hi,if the FIR has been filed ,the police should have seized/ impounded the vehicle by now ..Kinldy co-ordinate with the local police station about the status  of the complaint where the FIR has been registered 

Hemant Chaudhary
Advocate, Gurgaon
4625 Answers
67 Consultations

4.9 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. 

- Further, 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.

- Further, 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 with  the copy of the said agreement and other documents you have in your support.

- Since, you have already lodged your FIR , then sent a written complaint in the office of RTO , after enclosing the said police complaint/FIR , and thereby  request the official to change the ownership.

- You can do the same online as well during the period of lockdown. 

 

Good luck and dont forget to rating Positively.

Mohammed Shahzad
Advocate, Delhi
10269 Answers
123 Consultations

5.0 on 5.0

Dear sir,

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 Form29and 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

If you have written proof of sale then it's not of much consequence. 

Anyway ask the buyer to change the ownership details in the motor vehicle department. 

Inform the office from your end about such sale as well. 

Devajyoti Barman
Advocate, Kolkata
22515 Answers
407 Consultations

5.0 on 5.0

1. RTO and Police dept., are different authorities.

2. Write to RTO alongwith sale agreement, FIR copy and Police complaint copy and inform RTO about the change of owner and the repeated offences of the car buyer party and request investigation and prosecution by RTO.

3. ALSO ask your RTO agent to remove NOC from RTO office in favor of new party. This is compulsory for record transfer purposes.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

1. When you sell a vehicle you have to send the intimation to jurisdictional RTO under Motor Vehicles Act.

2. It is your responsibility to intimate the RTO as you are the seller.

3. Unless the ownership is changed in RTO office you will continue to remain liable for all the traffic violations committed by the buyer.

 

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Give a written complaint before the local police station and also file complaint with copy of police complaint and sale agreement with RTO and inform them of change in ownership.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Send letter by registered post or speed post to RTO 

Ajay Sethi
Advocate, Mumbai
89022 Answers
6344 Consultations

5.0 on 5.0

Dear Sir / Madam 

Please make a police complaint and get him noticed that if is using vehicle in someone else's  name can also launch a complaint for theft. 

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0

You may find contact information of concerned RTO on its website or you can send same vide post or courier. Further you can report it with police for now once lockdown is over inform the RTO regarding same.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

- RTOs has a toll-free helpline ([deleted])

- Check on Geogle , you will get there email address. or from the website of Ministry of Road transport. 

Mohammed Shahzad
Advocate, Delhi
10269 Answers
123 Consultations

5.0 on 5.0

Send them email 

Devajyoti Barman
Advocate, Kolkata
22515 Answers
407 Consultations

5.0 on 5.0

1. No complaint is to be filed, just the intimation required to be delivered under the law has to be given.

2. I hope you have preserved the delivery note signed by the buyer. Send an intimation through registered ad by annexing a copy of the delivery note/

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

You can try getting the email id for the regional RTO. I don't think during lockdown your complaint will be resolved or recorded as there is no staff working in RtO

Prashant Nayak
Advocate, Mumbai
28058 Answers
93 Consultations

4.4 on 5.0

Respected sir...

That work must be done by mean of FiR and complaint why did any action was not initiate against him ....as you move online complaint against him if he still did not respond then move an application to RTO office along with agreement and also right a complaint to senior police official against that person and also against police officials not for taking any action against him...

 

 

Thank you

Dinesh Sharawat
Advocate, Delhi
1259 Answers
12 Consultations

4.9 on 5.0

#serve him a legal notice through counsel to perform his part of the agreement by transferring the vehicle in his name,

#you can also file a civil suit for the same purpose,

Suneel Moudgil
Advocate, Panipat
2372 Answers
6 Consultations

4.7 on 5.0

Keep the agreement with you and also lodge another GD alongwith the copy of the same.

For now it will suffice.

Regards

Swarupananda Neogi
Advocate, Kolkata
2947 Answers
6 Consultations

4.7 on 5.0

Informing the RtO will serve no purpose. You will not exonerate from liability.

Better complain to police.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

First of all  all i would like to ask you did not not sign any other document other than the agreement, for Eg Form 29 or 30, you can make a complaint to the police again  stating that the person is not transferring the vehicle despite the agreement and if anything happens or he is involved in an accident, you shall not be held responsible. this can save u, if he is involved with any mishap. an give the same letter to the RTO. 

Archit Vasudeva
Advocate, New Delhi
260 Answers
2 Consultations

5.0 on 5.0

File a criminal complaint against him before a magistrate. Also an application must be given to the transport department about the actual problem and ask them to cease the property.

Rahul Mishra
Advocate, Lucknow
13845 Answers
65 Consultations

5.0 on 5.0

The website must be having such an option. If not then wait. Send a letter through courier or post. 

Rahul Mishra
Advocate, Lucknow
13845 Answers
65 Consultations

5.0 on 5.0

It was your duty to ensure that you had completed the after sale formalities to properly ad legally transfer the vehicle to the purchaser's name.

You cannot sit idle just because you have told the buyer to transfer the vehicle to his name.

You may note that :

1. Unless the ownership of the car is transferred in his favour you continue to be liable under the civil and criminal law for any civil wrong or crime committed while using the vehicle.

2. Police does not have any authority to intervene in this case as not transferring the RC is not a crime. Therefore your FIR with police is not maintainable.

 

At least now you take steps to transfer the vehicle to his name and if he is not cooperating then you lodge a missing complaint with police, let him come answer before police about this.

This is a very serious issue  and you cannot remain so casual about it.

 

T Kalaiselvan
Advocate, Vellore
79184 Answers
1611 Consultations

5.0 on 5.0

You go to the your state RTO website and n find the procedures to file online complaint.

However without the cooperation of the buyer or you visiting the RTO office in person, you cannot solve this problem.

 

T Kalaiselvan
Advocate, Vellore
79184 Answers
1611 Consultations

5.0 on 5.0

Search out for some online portal

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

It is buyers responsibility to change the name.

You responsibility is limited to inform the Sale to RTO only.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

Option A) Best option to avoid challans, notices, court cases etc., it is better you take the initiative and submit the below mentioned to the concerned RTA:

- Submit Original RC.

- Form No.29.

- Form No.30

- Insurance.

- Pollution Control.

- Buyer's Address proof.

 

Option B) Until ownership of vehicle is transferred, the original owner is liable for all acts / activity done through the vehicle, 

Legally you can do the following:

Issue notice to the Buyer asking him to get the vehicle transferred on to his name marking a copy to police and also the concerned RTA.

In order to be doubly sure / safe, you can also issue notice to the General Public, informing all about the sale of vehicle.

 

Best option for you, to try Option "A", it is cost effective and result oriented. 

Further, gives win-win to both of you.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Ans: Please check the website of RTO for filing of the FIR.  You may come across their grievance portal for filing of complaints online. 

Garima Anil Mehrotra
Advocate, Mumbai
514 Answers
1 Consultation

4.9 on 5.0

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.

Mohammed Mujeeb
Advocate, Hyderabad
19032 Answers
32 Consultations

4.5 on 5.0

issue a notice to Regional Transport authority. 

Mohammed Mujeeb
Advocate, Hyderabad
19032 Answers
32 Consultations

4.5 on 5.0

You should have somehow caught hold of him, to ensure that the formalities of transfer of name were completed. As you have been advised, lodge a FIR against him and also write to the concerned RTO and update him with this development. Also, annex a copy of the concerned Agreement with your letter that you are going to write to the RTO. 

Vibhanshu Srivastava
Advocate, New Delhi
9441 Answers
251 Consultations

5.0 on 5.0

Dear Sir/Madam,

You are suggested to file the complaint by Post to the RTO and retain the copy of postal receipt. 

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

In  complaint section Tranport portal you can file this application of your complaint for the regional transport officer responsible for transfer of the vehicle of your area

Vimlesh Prasad Mishra
Advocate, Lucknow
6849 Answers
23 Consultations

4.9 on 5.0

1. You should first send an intimation along with copy of agreement to RTO office to notify them about the sale. 

2. You should file a suit for specific performance against purchaser for registration of vehicle on his name and compensation for delay in registration along with challan amount which was charged after the date of agreement.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you have been not only cheated but the implied (though you in fact having a written) contract for the transfer of ownership has not been complied by him per se.
  2. I would like to apprise you that as you have already fled the complaint to the police, you now need to contact the concerned IO for knowing the progress in your case so far.
  3. Yes, you can write it online and in fact, can also drop a formal mail too to the concerned chairperson of the RTO of the concerned area.
  4. Thereafter, once the lockdown goes then you may also have to publish a public notice in the newspaper and then may have to approach the civil court of law for a declaration suit.

Sanjay Baniwal
Advocate, South Delhi
5468 Answers
13 Consultations

5.0 on 5.0

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