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Lokeshwara (Software engineer)     05 February 2017

New owner not transferring ownership (sale of vehicle)

Hi,

I sold my motorcycle (1st hand) to a person last October but he has not transferred ownership in his name. Still my name is coming as registered owner on vahan database. I have original sale agreement with me.

What is the legal remedy for me, to protect me, in case vehicle gets involved in accident/crime?



Learning

 6 Replies

G.L.N. Prasad (Retired employee.)     06 February 2017

1)There is a separate intimation ship letter to RTO, immediately down load the format and send it to RTO by Regd post

2.)Issue Notice to the person who purchased it, confirming the sale, and inform that transfer is still pending, and direct him to complete the formalities as expeditiously as possible and confirm delivery date of the vehicle and the risk passed on to him from that date on wards.

3.Intimate the same to insurance company.

If things are not running properly, and if the vehicle is met with accident, then the original owner is liable for all damages as the new owner abandons the claims.  To avoid problems take immediate steps.

1 Like

Ms.Usha Kapoor (CEO)     06 February 2017

you file a civil suit armed with sale agreement in buyers name for  declarationtion THAT YOU ARE NO LONGER THE OWNER AND THE BUYER HAVING TAKEN POSSESSION OF VEHICLE has not taken possession of sale  deed or title documents aND HENCE COURT SHOULD COMPEL THE EBUYER TO TAKE POSSESSION OF THE TITLE DEEDS.PRIOR TO THIS YO U ISSUE A LEGAL NOTICE TO THE BUYER ALLEGING THE ABOVE ISSUES.At notice time only ownership may be transferred to the buyer. If any accisdent happens Insurance company which i snotified of the change of ownership and th ebuyer will be responsible.If you appreciate this answer please give me  a like on my profile.

1 Like

Lokeshwara (Software engineer)     06 February 2017

Thank you madam. i have sent email to insurance company. I am planning to send registered post to RTO. How should I file civil case? Should I give legal notice before that?

Lokeshwara (Software engineer)     06 February 2017

thank you sir. Please share the link to download the format for 'intimation ship letter'.

G.L.N. Prasad (Retired employee.)     06 February 2017

The intimation letter is a prescribed format, which can be either obtained from local RTO office/consultant or down load from website.

First give a Regd. post notice.

There is no hurry for such litigation.  Wait for a month atleast after giving notice and the actions by RTO and Insurance company.

By the time your case is settled, the life tax period your vehicle must expire.

This is the essential term in agreement about registration, what is that agreement, whether it is having legal sanctity are other factors to be considered.

Instead of that you can even try through District Consumer Forum also.

Some times, simple intimation to Police brings miraculous results.

My friend entering into litigation is not definitely a child's play, do not be hurry, have paitiene, build up record of your efforts.

cs santosh jagtap (PRACTICING COMPANY SECRETARY)     07 February 2017

don`t issue any  notice to buyer but proper intemation is sufficent as said by expert


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