• Car sold, buyer refuses to register car in his name

I sold my car to a person, who now is not interested in transferring it in his name.

I received payment in cash.
I have his ID (DL Photocopy)
I have Delivery Note (just a paper form with basic information - not on stamp paper)
I have photocopy of the RC Book
The RC-Book was handed over to him, and i signed some transfer related forms.

Everytime I call him, he gives a new excuse.
I have been following up for 2 months now without any success.

I told him.that I will report the matter to police, he says he doesn't care. I have no idea how to proceed now. 

Even if I go to police or court, he will just repeat the lies like: 
he will do it soon or he has no address proof or he wants to register in some other city or state. Full of clever excuses and expert at that.

I even offered to do the transfer on his behalf - but he doesn't care.
I have read that i can inform RTO etc - but practically i hear it does not help. Ultimately without a clear transfer - its no good. I need practical advice please.
Asked 1 year ago in Civil Law from Bangalore, Karnataka
Hi
 The first thing is to lodge an FIR
Then Inform the RTO of the concerned area.
 Did you make an agreement  to sell your car with the terms and conditions.Do you have nay documents to prove that you sold your car on a particular date to the purchaser. if so any incidents of mishaps he is liable,.
 Send him a legal notice stating the details of the FIR and warn him that you will take legal action and he will be liable for any untoward incidents of accident or illegal activities involving the vehicle.
Police can detain the vehicle on your complaint so that it will pressurise him.
Not transferring the RC is an offence , so a police complaint/ FIR will do the needful
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
1. Unless the ownership of the car is transferred in his favour you continue to be liable under the civil and criminal law for any civil wrong or crime committed while using the vehicle.

2. Police does not have any authority to intervene in this case as not transferring the RC is not a crime.

3. Intimate the RTO about the sale of vehicle and the refusal of the buyer to take the necessary steps to get the RC transferred to this favour and also issue a lawyer's notice to the buyer to demand that he should get the RC transferred to his name.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
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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 car was registered informing them that you have sold the car and  handed over original papers of car to purchaser

4)if the car  is  involved in some major accident or stolen and used for some anti-social activities  police will file complaint against you as your name is reflected in the RC book
Ajay Sethi
Advocate, Mumbai
23145 Answers
1215 Consultations
5.0 on 5.0
execute a sell deed or hire purchaser agreement with him on stamp paper, it will be sufficient for you, if there is any thing happen in future then you will not be responsible for his wrong/act.

Feel Free to Call
Nadeem Qureshi
Advocate, New Delhi
3522 Answers
129 Consultations
4.9 on 5.0
As per MV Act, 1988, Section  50(1)(a)(i) & (ii):
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; and

(ii) in the case of a vehicle registered outside the State, within forty-five days of the transfer, forward to the registering authority referred to in sub-clause (i)-
and sub section b
(b) the transferee shall, within thirty days of the transfer, report the transfer to the registering authority within whose jurisdiction he has the residence or place of business where the vehicle is normally kept, as the case may be, and shall forward the certificate of registration to that registering authority together with the prescribed fee and a copy of the report received by him from the transferor in order that particulars of the transfer of ownership may be entered in the certificate of registration.
And Sub-section 3 of the same sections says:
(3) If the transferor or the transferee fails to report to the registering authority the fact of transfer within the period specified in clause (a) or clause (b) of subsection (1), as the case may be, or if the person who is required to make an application under sub-section (2) (hereafter in this section referred to as the other person) fails to make such application within the period prescribed, the registering authority may, having regard to the circumstances of the case, require the transferor or the transferee, or the other person, as the case may be, to pay, in lieu of any action that may be taken against him under section 177 such amount not exceeding one hundred rupees as may be prescribed under subsection (5):

.Related Citation:

Motor Vehicles Act, 1988 – Section 168 and 50 – MACT – Transfer of vehicle – Liability – High Court held that the appellant alone was liable to pay the compensation because the name of the appellant continued in the records of RTO. Held: Where ownership of the vehicle stood transferred, person in actual possession of the vehicle as well as the person in whose name the vehicle stood in RTO records would be liable to the third party who was injured in the accident. However, the person in actual possession would also be liable.

P.P. MOHAMMED v/s K. RAJAPPAN AND OTHERS [(2008) 17 SCC 624]


The rules in this regard has been clearly explained in the above paragraphs, now it is  you who has to understand the law and initiate appropriate action. 
Follow the rules and be safe. 
T Kalaiselvan
Advocate, Vellore
13944 Answers
127 Consultations
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