Inform RTO about sale of car
2) also inform police that car has been sold and enclose copy of affidavit between seller and buyer
3) also issue public notice that car has been sold by you
Transfer ownership of total loss car
Dear sir, My car was on total loss in 2018.I received the claim amount from insurance company future generally for that. Insurance company made an affidavit of sellers and purchasers agreement.As per insurance company I have handed over RC Card at the time of delivery of the car to dealers( representative of car purchaser). Insurance company has made an affidavit between purchaser and seller. However, car was sold to another person as I got to know later. I am following up for ownership transfer of car to both insurance company and the representative of purchaser (whose voter card and a delivery note hand written with signature of representatives at the time of handover of car is with me).But they have first told , vehicle was not sold that's why ownership is not transferred. Now they are not picking my phone. Now what to do, Please suggest.
Asked 5 years ago in Civil Law
15 Answers
A
Asked 5 years ago
If you have sold the vehicle and are in possession of the delivery note then you are required to send an intimation to jurisdictional RTO under Motor Vehicles Act for transfer of ownership of vehicle. After this you will have no further liabilities.
Your important and immediate action needs to inform, in writing under acknowledgedment by hand delivery/ Speed Post, R.T.O. which has registered your car and copy to insurance company which had issued policy, informing both of them that you have sold and transferred the ownership of Car bearing registration No. to XYZ as per sale and purchase agreement entered into between the parties (Pl annex copy of agreement) and handed over the possession of the car on such place and day. Hence forth you will not be held responsible for any act in whatsoever in nature committed by any party with respect to Car registration No so and so . You also attach all papers which were executed by you and statement of accounts which shows money received by you after or before sale of the car.
You will not be held responsible if the car is used by anyone and has done anything in contravention of provisions of law.
Pl do intimate RTO sooner the best to safeguard your rights and interests against any claims.
1. Serve insurance company legal notice and inform District transport office and police station of same. The affidavit and agreement can be produced as proof of same.
2. Though you may check with insurance company since the car was total loss it is sold as scrap and is later scrapped or not. Ask for a certificate of same.
Serve them both with a legal notice to get it done or face the court.
Than file a specific performance suit against them
Send a legal notice to the insurence company future generally in this result that you have received a total loss of the car increase the car has been repaired and sold out to any other person then that has to be transferred in in his name .
By sending legal notice if insurance company do not take any action in this regard then your responsibility is limited
Law is clear that person In Whose Name Vehicle Stands Registered On The Date Of Accident To Be Treated As 'Owner. Send legal notice to purchaser and insurance company, not to ply vehicle on road till ownership not trasfer otherwise you shall be constrain to file consumer complain against the company and company shall only be responsible for any contingency occurred due to use of vehicle.
Hi,it is advisable to file a police complaint and get the vehicle impounded until the registration is transferred
What is the issue you needs to file case for company lying you or you suffered some loss
They will not pick the phone.
As you have stated that you have their affidavit, other documents and address proofs, you may first issue a legal notice to them instructing them to transfer the ownership from your name to the buyer's name by following the legal procedures through RTO.
If they fail to so then you can even make a complaint to the concerned police for the acts of cheating and endorse a copy of the complaint as well as the legal notice to the concerned RTO in order to safeguard your future interests.
Do you think insurance company often delays in approving your claim?
Dear Sir,
You are suggested to serve a legal notice to them.
In the Ruling by Supreme Court in CA.No.2632 of 2020 dated 19.06.2020, the Apex Court held that "....... on date of accident, person in whose name the vehicle stands to be held liable ........."
As such, going by the above ruling of Apex Court,
Immediately you take steps to get the name of owner changed personally i.e., by filing Form No.29 / applicable forms prescribed by RTA of Rajkot, Gujarat.
Write to concerned RTA by Regd. Post with Ack. Due intimating about the transfer.
Lodge Police complaint with concerned local police about sale of car.
Issue notice in two local news papers, one in vernacular language and other in English language intimating general public about the sale.
1..You should send them a legal notice for taking legal action incase they doesnt transfer the ownership to name of purchaser.
2. Send legal notice to insurance company, representative of purchaser and purchaser.
3. You should also send an intimation letter to RTO for sale of your vehicle.
4. If they refuse to register the vehicle on name of purchaser then file suit for specific performance against all the three parties.
You should lodge an fir against them immediately ie the insurance company employee. Also file a complaint with the RTO. They must told you it was a total loss but in fact they sold it to someone else. Car must have been repaired.
