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kiran   11 October 2025

Bike ownership transition is pending, who will be responsible if there is an accident in the transit

Dear Sir/ Madam,

I am selling my bike, and the buyer has applied for the ownership transfer. He has also received the acknowledgment for the ownership transfer from the Regional transport office (RTO). In the acknowledgment, it shows that the ownership is being transferred from XYZ (seller)to ABC (buyer) but it is not transferred yet. Application is pending and it takes 20 days to be transferred. So now, can I hand over the bike to the buyer (ABC)? If any accident occurs during this ownership transition period, who will be held responsible — the buyer or the seller? please clarify Sir. Thank you.



 5 Replies

P. Venu (Advocate)     11 October 2025

It is a matter of trust than the law. And, any accident  is not a matter of routine occurrence.

1 Like

T. Kalaiselvan, Advocate (Advocate)     11 October 2025

If the possession of the vehicle is delivered and the buyer gives the acknowledgement in writing,if the accident occurs then the possessor can be held liable for the consequences of the accident.

1 Like

Advocate Bhartesh goyal (advocate)     12 October 2025

In my opinion until vehicle is not transferred ( Registration) till then vehicle should not be handoverd to buyer and seller would be responsible if any accident occurred meantime.

2 Like

Dr. J C Vashista (Advocate )     12 October 2025

Even if transfer of ownership of the vehicle is under process and some accident occurs the buyer shall be liable as the vendee (buyer) has issued delivery note / certificate to the vendor (seller). 

1 Like

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     12 October 2025

When a motor vehicle is transferred the insurance is also simultaneouly transferred. The buyer should first obtain an insurance either transferred from the seller or take new insurance on his own before applying for transfer in the RTO records. If registration in the RTO records in buyer's name is pending, already there is an insurance in buyers name and the insurer will be responsible in the event of an accident. Whenever a vehicle is sold and bought the buyer gives a written undertaking to the seller that he(buyer) will be responsible for any accident thereafter. Notwithstanding all this there are judgments saying that the seller will have vicarious responsibility if the RTO transfer is still in the process. Nowadays used car dealers buy the cars and do not take any insurance themselves. As there is a long gap between buying and selling risk of accidents in the interim period are high. Transfer of insurance is more important than transfer in RTO records.

You can hand over the vehicle provided the buyer has taken an insurance in his name


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