• Sale of motor vehicle

I want to sell my bike, the buyer is known to me personally. He is asking me to sign the notarized sale agreement stating that I have sold my bike to him from this effective date and any further legal binding in future will be taken care by him. I want to know what the motor vehicle act says, shall I transfer the vehicle to him or should I adopt this sale agreement method.(I want to play safe)

I believe reason for sale agreement method is he is a dealer and will find another buyers in market and then will transfer it to them. Please enlighten me with correct course of action.
Asked 3 years ago in Civil Law

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9 Answers

Sale Letter is must beside the above document.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

- 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.

- Hence, the above sale agreement is not enough for selling your bike , and transfer the ownership after submitting a transfer form available in the office of RTO of your area. 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

1)According to the Indian Motor Vehicle (IMV) Act , the transferor has to intimate the Regional Transport Offices (RTO) within 14 days of the transfer of ownership. Similarly the Act also instructs the transferee to inform the RTO about the change in vehicle ownership and produce all the required documents within 30 days of the transfer.

2) The transferor is required to fill Form 29 while the transferee is required to fill in the Form 30,

3) send a letter to RTO where your bike  is registered informing them that you have sold the bike and handed over original papers of bike to purchaser

 

4) take payment by cheque 

 

5) obtain his signature on delivery note 

Ajay Sethi
Advocate, Mumbai
94691 Answers
7527 Consultations

5.0 on 5.0

Dear Sir,

The best option is that apart from the sale deed, you also go for the document transfer on his name through RTO.  

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Dear Querist, in relation to your question my advice to you is as follows:-

1. As per the Motor vehicle Act, various judgements of supreme court and high courts unless the ownership of the motor vehicle is not transferred, you will be treated as registered owner of the vehicle and will be held liable for any mishap or for any offence committed through that vehicle.

2. That is it advisable that you should execute that document with the condition that within 7 days from the date of purchase, the purchaser shall apply for transfer the ownership and after transferring the ownership, the vehicle will be handed over to the buyer and not otherwise.

Feel free to call.

Puvali Singh
Advocate, Delhi
40 Answers

5.0 on 5.0

Hi, Unless the transfer of RC Book in the name of purchaser any agreement entered between you people is not valid one. Once you sold the bike. You must transfer the RC in the name of the Purchaser.

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
335 Consultations

4.5 on 5.0

You can transfer the vehicle to him that's enough

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

You may not be legally excused from the liability on the basis of a notarized sale agreement to sell your vehicle in the event that the vehicle is involved in any accident. 

Hence there's no legality in entering into a sale without selling the vehicle. 

You would liable even after the delivery of possession of vehicle if there's no proper sale effected. 

T Kalaiselvan
Advocate, Vellore
84892 Answers
2190 Consultations

5.0 on 5.0

Dear Sir, 

A notarized sale agreement would be valid and legal but you also have to make sure that the Registering Authority is notified by the same within a period of 14 days if the same state and if it is in another state then within a period of 45 days. Section 50 of the Motor Vehicles Act deals with the transfer of ownership. If the transfer is an another city then a No objection Certificate will be required too. 

And if you want to do it through another way then you need a two declarations that is buyers and sellers and the declaration will include all the information about the vehicle, date of transfer, details of the seller and buyer and copies of all the other documents of the car i.e. insurance PUC etc. There will be a nominal fee too charged for making the changes in registration. 

If the transfer in Maharashtra you can visit the Maharashtra RTO website too get the copies of the declaration and other forms and make the submissions online personally or through an agent. Thank you. 

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Anik Miu
Advocate, Bangalore
8853 Answers
110 Consultations

4.7 on 5.0

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