STUDENT.... (.......) 23 May 2019

New owner not transferring ownership (sale of vehicle)

Dear Team,

As per the attached Supreme Court Judgement its clear to us that name mentioned on the ownership document of the vehicle the owner is liable to any mishapping.

I have sold my Vehicle in year 2009 but the buyer has not transferred the vehicle on his name till date as confirmed by the MLO of authority.

Now as per the judgement if any mishappening takes place the ownership lies on the owner of the vehicle whose name is reflecting on the documents,

Now I am looking for the remedy available for the seller so that the ownership can be changed if possible.

If ownership can't be transferred (Incase of 15yr old Vehicle) what can be done next?

What action the seller can take against the buyer of the vehicle?

Looking forward for an early reply from your end.

Thanks

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4 Replies

G.L.N. Prasad (Retired employee.) 23 May 2019

Issue legal notice to the purchaser and also inform RTO, Police about the sale through Regd post ack due and preserve those notices with service proof. An owner must not deliver the vehicle unless there is a name change in RTO records. Except for protecting yourself, you can not do anything more. Signing blank sale letter is the biggest mistake in all these affairs.

STUDENT.... (.......) 23 May 2019

Thanks for your reply..

I would like to bring your notice that the buyer is no longer living on the address mentioned in the sale receipt and the witness has also left the state but some how i have got the contact number of witness but he is also not cooperating in this case.

As stated above "inform RTO, Police about the sale through Regd post ack due"

Will they accept the information about the sold vehicle after 10 yrs?

Also, If I have to file a complaint against the buyer and witness what kind of complaint I have file against them in police station?

Since, I have the contact number of witness can police summon him to present in police station?

G.L.N. Prasad (Retired employee.) 23 May 2019

The purpose of serving those notices is to protect and create a record that you are no more owner of that vehicle. If the vehicle is involved in any accident or illegal activities at least you can state that it is not your vehicle and you have informed facts to authorities.

Suri.Sravan Kumar (senior) 23 May 2019

According to the prov of MVAct in case of third party claims the Insurance Policy go along with the vehicle. The injured person is third party to the policy and if the policy is valid ,insurance company will satisfy the claim. You have stated that you have sold the vehicle in 2009 and the buyer has not transferred the ownership on his name. If the ownership is not transferred policy will not be transferred on his name. I think the validity of the registration certificate of the vehicle will be coming to an end or it must be end by this time. The buyer has to get the vehicle regd once again. To get it regd Insurance Policy is must. Company will not renew the policy without verifying the documents.

The problems comes only when Own damage claim is lodged with the company. According to my opinion you need not worry. To safeguard yourself you may follow the advice of G.L.N.Prasad.