RC book need and form 28 to 31 for transfer of ownership as per RTO rules. You can send a email to RTO commissioner and respective officer that, If tomorrow anything goes wrong with the help of your bike you should not be held responsible for that. and mentioned all history from day one of the sale of bike till date
Bike Sold, buyer not transferring bike in his name
I had sold my bike to a person in 2015. At the time of sale, he had agreed to transfer the same to his name with in 30 days. Later i realized that he hasn't done the same. Then i send details like delivery note, form 29, form TCR to RTO as per MVA section 50, subsection 1 to initimate the sale. I got a response from RTO saying i need to submit the RC book and other details for the transfer to happen. But since all documents are handed over to the buyer, i can't submit those now. Isn't the RTO supposed to make the transfer as per section 50 ? 50. Transfer of ownership.— (1) Where the ownership of any motor vehicle registered under this Chapter is transferred,— (a) the transferor shall,— (i) in the case of a vehicle registered within the same State, within fourteen days of the transfer, report the fact of transfer, in such form with such documents and in such manner, as may be prescribed by the Central Government to the registering authority within whose jurisdiction the transfer is to be effected and shall simultaneously send a copy of the said report to the transferee; (6) On receipt of a report under sub-section (1), or an application under sub-section (2), the registering authority may cause the transfer of ownership to be entered in the certificate of registration. What are my legal options here to get it updated from RTO ?
Asked 5 years ago in Civil Law
15 Answers
1) inform RTO that all documents including RC book have been handed over to buyer
2) also issue legal notice to buyer to transfer bike in his name
3) you can also issue public notice about sale of bike
You have to inform RTO where your bike has been registered and shown you own it .
Please request them to effect changes as per sale terms of bike between you and new owner.
File am RTI application with regard to present ownership of the vehicle. If it is in your name then send a legal notice to the buyer and also intimate the transaction details along with sale agreement to concern RTO
You just serve the buyer with a legal notice and than file a specific performance suit against him for getting the bike transferred
You need to inform the local Police station and then the rto for the said transfer. Later it's his liability to get it transferred. You can't force him for the same. At the most you can approach the court for the same
He can but should be approached by buyer and seller both, how he can transfer directly on the application of the seller so write down an application giving facts as you have given in this note that if something in future wrong committed by the buyer using the vehicle then you will have no responsibility with a copy to concerned police station.
- As per the Supreme Court Judgement, 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 inform that all the documents including RC book has been handed over to the said buyer , and thereby request the official to change the ownership.
RTO is not responsible to transfer, unless party approach to transfer the vehicle ownership. In case of accident without insurance, you only will be liable to compensate.
And for transfer of ownership, original RC is must as on same, transfer of ownership endorsement will done.
What were you doing all these 5 years without following it up.
What is the necessity for you to get it transferred to the buyer's name, did he involve in any accident?
Well you issue a legal notice to the buyer stating that you have bought the vehicle on so and so date for a consideration amount of so and so and you promised to transfer the vehicle to your name by observing the necessary formalities, whereas it is now observed that you have not complied with the same, if you are not taking any action even at this stage then a criminal complaint would be lodged with the police for disclaiming the responsibility of any accident or theft or any untoward incident due to this bike for which the entire consequences would fall on him.
After that you can follow it up properly with the buyer.
You cannot blame the RTO authorities for the lapse on your side, if you have not followed up with the buyer then how can you blame the authorities concerned.
Buyer need to apply for it.
Regards
You can also send a letter along with Form 29 of RTA directly to the Regional Transport authority through registered post with acknowledgement due and inform them of the fact of transfer.
By this way the new owner name will be updated in the system and you will not be held responsible for future events
Dear Sir,
You are suggested to serve the legal notice to the buyer and ask him to get the ownership transferred.
You should contact the buyer and ask him to provide you with the necessary documents so that you may initiate transfer.
Ask him to do the same. Contact the broker.
1. As it is mention in clause 6 of section 50 MV act that transfer of ownership need to be entered in certificate of registration.
2. So you should Send legal notice to buyer and RTO for transfer of ownership within 60 days of notice.
3. If they fail to change the ownership of vehicle in registration certificate then file suit for mandatory injunction against buyer and RTO for change of ownership of vehicle.
