Hello, I am an Indian American and gave up my Indian citizenship long back. I sold one of my vehicle about two years back and received cash payment. I signed the papers for ownership transfer and handed it over to buyer. Still I am seeing buyer has not transferred the ownership and the car is still assigned to my name. What are the legal options available to me at this moment? Thanks!
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1) issue legal notice to buyer to transfer vehicle in his name
2) inform RTO about sale of car
3) to sue public notice that you have sold the car
4) also inform local police station that car was sold by you but buyer has not transferred vehicle in his name
Hello Ajay, Thanks for your prompt response. How can i issue a legal notice? who can help?
Engage any lawyer on this website for sending legal notice to purchaser of your car
you can obtain contact details from the website
1. Did you sign Form No. 29 & 30?. Do you have a copy of it, alongwith the delivery note?.
2. For effecting the transfer of ownership in the name of new buyer, the buyer should have contacted the jurisdictional R.T.O.
3. Send a legal notice to the buyer to immediately transfer and register his name as owner of the vehicle.
By just selling the car and also by signing the transfer order form you cannot claim that you have sold the car properly.
The buyer has to get it transferred to his name properly as per procedures of law.
If he has not done that even after lapse of considerable period of time, you may have to initiate action as per law to put pressure on the buyer to get the name transferred to his name.
The actions you have to take is to first issue a legal notice to the buyer instructing him to apply for transfer of name, you can enclose photocopy of the receipt you had given him after acknowledging the payment towards sale consideration amount with the legal notice;
If he still do not take any action after lapse of the time stipulated in the legal notice for doing this, you may issue a public notice in a local newspaper about the sale of the car and then give a complaint to the concerned RTO as well as the jurisdictional police station enclosing the documents including the newspaper cutting of the public notice.
Now the burden has been shifted to RTO and police for all such future actions which will absolve you from any liabilities in future
You can approach any lawyer either from this forum or outside to issue a suitable legal notice to the buyer to safeguard your interests in this regard.
Dear client,
As an Indian American who gave up Indian citizenship, you may need to consult with a lawyer in India to understand the legal options available to you in this situation.
In general, the ownership transfer process for a vehicle in India involves submitting the necessary documents and paying the required fees to the Regional Transport Office (RTO) where the vehicle is registered. If the buyer has not completed the ownership transfer, it could create potential liabilities and legal complications for you, as you could be held responsible for any damages or violations committed by the vehicle.
Here are a few options you can consider:
Contact the buyer: The first step would be to contact the buyer and request them to complete the ownership transfer process. You can provide them with a deadline for completing the process and also inform them about the legal implications of not transferring the ownership.
Send a legal notice: If the buyer does not respond or fails to transfer the ownership within the deadline, you can send a legal notice through a lawyer or a legal service provider in India. The legal notice can inform the buyer of the potential legal action that you may take if the ownership transfer is not completed within a specified period.
File a complaint with the RTO: You can file a complaint with the RTO where the vehicle is registered and inform them about the pending ownership transfer. The RTO may initiate an investigation and take appropriate action against the buyer, which may include imposing fines or cancelling the registration of the vehicle.
Initiate legal action: If all else fails, you can initiate legal action against the buyer in a court of law. A lawyer in India can advise you on the specific legal remedies available to you and help you initiate legal action.
It is important to note that the legal options available to you may depend on the specific facts and circumstances of your case, and the laws and regulations in force in India. It is advisable to consult with a lawyer or a legal service provider in India for specific guidance on your situation.
Legal notice will send through an Advocate and copy to Regional Transport Office. So long as your name continues in RTO records, he remains liable to a third person.
- 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.
- 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 inform the RTO in written after giving details of the vehicle and the purchasers , and thereby request the official to change the ownership.
If transfer is not done you need to show evidence that you took ample care seeking such transfer procedure and circumstances led were beyond your control
