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BASKI Manickam   27 September 2021

using without transferring ownership

sir good evening. A bought vehicle from B. But A using that vehicle without changing name. Who has the power to take legal action against A under which penal section. please clarify the my doubt.


 9 Replies

Dr. J C Vashista (Advocate )     28 September 2021

Whether the ownership of vehicle has been transferred in the name of A in the records of RTO ? What sort of legal action against A is proposed ? Vague and incomplete facts with asking provision of law make the query as a time pass topic.
1 Like

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     28 September 2021

If you driving the vehicle owned by your friend with all valid documents and your own valid driving license then you can drive the vehicle on the road but you will have to follow traffic rules also. However if any FIR is registered against the vehicle then law enforcing agencies can interrupt the vehicle.
1 Like

G.L.N. Prasad (Retired employee.)     28 September 2021

It is the duty of both the seller and purchaser to intimate about such sale through prescribed applications and also gets proper insurance. If the purchaser failed to fulfill the obligation as the vehicle is still in the name of the seller, he is responsible and liable for all the compensation in case of accidents. There were many judgments, and Government orders mandating the seller to ensure transfer of vehicle at the earliest.
1 Like

Kishor Mehta (CEO)     28 September 2021

Indeed it is true, It is in the interest of the seller that the documents and ownership of the vehicle are transferred to the name of the purchaser else he may be made a party in any accidents and/or illegal use of the vehicle subsequent to its sale..

1 Like

P. Venu (Advocate)     28 September 2021

"A bought vehicle from B" What are documents in support?


1 Like

BASKI Manickam   30 September 2021

sir / Madam thank you for your kind reply.

here the purchaser (A) settled all the money to B and received the signature on the T/O form from B. but A didn't change his name properly in the office of the RTO concerned. Still A is using the vehicle in the name of B.

Now I am asking only that shall we take any legal action against A.

G.L.N. Prasad (Retired employee.)     30 September 2021

Read the replies and it is the duty of the A purchaser to change the name in RTO records on the basis of the prescribed format of sale notice to RTO. issued by seller B.  If the sale letter is in the office of RTO and pending, ensure for proper transfer as they are supposed to record the sale in the C book/Register within 30 days under citizen charter.

1 Like

BASKI Manickam   30 September 2021

thank you so much sir for your immediate response

P. Venu (Advocate)     05 November 2021

Having handed over the requisite documents, the purchaser ought to have taken immediate action to complete the formalities in transferring the vehicle to his name. You may issue a legal notice demanding immediate action to complete the formalities.

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