• After total loss ownership transfer is not getting done

My car is on total loss.ownership transfer is not getting done by purchaser. To whom I handed over the vehicle ,he sold it somebody else.now neither insurance company nor the person who take my car picked up my phone.kindly advice what to do.
Asked 5 years ago in Property Law
Religion: Hindu

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15 Answers

You need to inform the local police and RTO for the same. If still not done you need to approach court

Prashant Nayak
Advocate, Mumbai
34663 Answers
249 Consultations

Inform RTO about sale of vehicle by you 

 

2)also send letter to police station that you have sold car on x date to Mr y and that transfer of car is not being done by purchaser and you apprehend it may be used for terrorist activities 

 

3) also issue public notice about sale of car by you 

Ajay Sethi
Advocate, Mumbai
99980 Answers
8162 Consultations

what is your grievance?

since the car is already sold, then what is your concern with the total loss?

Suneel Moudgil
Advocate, Panipat
2394 Answers
6 Consultations

1. After total loss the insurance company takes the vehicle and pays you insurance amount if they had failed to do so issue a legal notice to them. Further for transfer of ownership kindly inform local police and the concerned RTO.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. Have you sent the intimation to RTO after you sold the car? It is your duty as seller to do so.

2. If the person to whom you delivered the possession of the car was not the buyer and he has cheated you then file a complaint in the jurisdictional police station to get the FIR lodged.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

it vakil has been sold and you have got the consideration and after that there is any accident and the vehicle is gone total loss then this is the responsibility of the person who has got the vehicle purchased to get insurance amount if they are not interested and you don't have any police case against then you need not to worry if there is any police case regarding the accident and bike has not been transferred then you have to file criminal case against the person who has purchased the vehicle from you for cheating

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

File a police complaint against them all.

 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

You can lodge a complaint and also file a suit in civil court. 

Kishan Dutt Kalaskar
Advocate, Bangalore
6245 Answers
501 Consultations

You can issue a legal notice to the buyer in this regard. 

Suppose he's not responding to your legal notice then you can approach police with a criminal complaint against him for the offence of cheating. 

You can even notify the RTO  office about sale transfer of this property with documentary evidences attached to your letter to RTO. 

T Kalaiselvan
Advocate, Vellore
90182 Answers
2506 Consultations

Send legal notice to purchaser. Till RC dose not transfer, you are responsible to compensate in case of accident without insurance, license etc.

And without transfer, you are only owner and sale to third party by purchaser is void. File FIR of theft.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

An FIR should be registered against all these who haven't transferred the ownership. Also file a complaint against them in the RTO  office.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

File a police complaint and give an application to the concern RTO to change the owner ship of the vehicle which you have sold . 

Mohammed Mujeeb
Advocate, Hyderabad
19375 Answers
32 Consultations

You should file suit against insurance company for claiming the damage done to your vehicle no need to ask purchaser for ownership transfer of vehicle if there is no claim under motor vehicle act.

If there is FIR and purchaser is intentionally avoiding the transfer then file suit against purchaser for specific performance.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

1. Immediately file a Police FIR, requesting investigation and charge-sheet, for offences like Cheating, Intimidation, Fraud, Breach of Trust, Mischief etc.... against the person/s, supported with all relevant supporting Documents, Evidences & Witnesses.

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. The said Person may come down for settlement.

3. The above will save you in case of any future legal dispute.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Dear Querist

Immediately file a complaint against the purchaser before the police and also issue a legal notice to him otherwise, in case of any mishappening bu your car, you shall be responsible for the act.

 

The Police complaint and the legal Notice shall protect you in the future in case of any mishappening.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

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