Issue public notice about sale of bike by you
2) issue legal notice to buyer to transfer bike in his name
Bike sale not being honoured
Hi Team, I have sold my bike registered in tamilnadu, to a buyer found via OLX on 28th sept 2022. As I am moving out of India we agreed for the documents to be submitted by the buyer to the RTA office. I have initiated online transfer request via VAHAN services where the buyer provided OTP. The only pending action item is to submit the documents to the RTA. But even after repetitive requests buyer is not submitting the documents. I have raised an online complaint using the Tamilnadu e services portal stating the issue with root cause as other issues. The case has been transferred to a local station but status got updated as meet SHO which I may not be able to do immediately. What other options I have currently.
Asked 11 months ago in Civil Law
10 Answers
You should sent a written letter through registered speed post to RTO informing them that you had sold your bike to buyer and give all details of sale and related document and also mark copies to police commissioner. Keep the record. You can talk to SHO via video conferencing, mobile etc. You can also sent your relative also yo SHO.
The online complaint may not invoke proper response.
You send a letter by registered post to the concerned RTO by attaching all the documentary evidences for this transaction, before that you issue a legal notice to the buyer about this and instruct him to complete the same within a time stipulated in the notice, failing which to face legal consequences in this regard.
If the police is asking you to come in person, you can send any representative to brief the police about it.
You have many option since still you are the owner and legaly liable for any accident or mis use of your bike.
1.Once again pursue new buyer to submit required document to RTO and transfer bike to new owner
2.Send a legal notice to new buyer and marking copy for information of RTO and new buyer's local police station.
3.If you want you can even tell / file an FIR for theft of bike to pressurise new buyer to take speedy action.
- 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.
- Hence, on his refusal , you can 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 thereby request the official to change the ownership.
No other option. Till bike not transfer, you are sole responsible for any motor accident claim liability.
The buyer may not be the ultimate user but a broker, which is why he/she is delaying registration of the car in his/her name.
1. Send him/her a legal notice demanding transfer of ownership in his/her name on or before a deadline and warning him/her that you will proceed to sue him/her for specific performance. If no response after expiry of the deadline, file a suit at the proper court.
2. Publish a newspaper notice stating all the facts and denying your liability in case of any accident or fraud.
3. Inform the RTA of the transfer in writing and the buyer's delay in registration (Send your letter by Regd. Post/Speed Post with AD).
Keep the Online copy handy and do follow up for the same.
You can communicate the sand with the sho through registered post
Dear client,
If the buyer is not submitting the required documents to the RTA despite repeated requests, you may consider taking the following steps:
Keep records: Maintain a record of all communication with the buyer, including emails, text messages, or any other form of communication that demonstrates your efforts to obtain the necessary documents.
Send a legal notice: Consult with a lawyer and consider sending a legal notice to the buyer, stating the issue and demanding the submission of the required documents within a specific time frame. This legal notice can serve as a formal warning and may prompt the buyer to take necessary action.
File a police complaint: If the buyer continues to refuse or delay submitting the documents, you can consider filing a police complaint against the buyer for non-compliance or fraudulent activity. Provide all relevant details and documentation to support your case.
Seek legal assistance: Engage the services of a lawyer who specializes in property or vehicle-related matters. They can provide you with guidance specific to your situation, help you understand your rights, and explore further legal options available to you.
