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Old 12th November 2013, 22:18   #91
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Default Re: Need Advice - Car sold but not transferred

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Originally Posted by roadjourno View Post
EDIT:

Was i conned, do i need to intimate RTO still & take confirmation from them that the vehicle is indeed transferred ?
Did you try checking it online?
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Old 13th November 2013, 01:44   #92
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Quote:
Originally Posted by Guna View Post
Did you try checking it online?
Vaahan website doesn't work:(

Where do i check ?
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Old 21st August 2014, 16:48   #93
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Unhappy Re: Need Advice - Car sold but not transferred

I recently sold my car to Maruti True Value in Bangalore. All I got was a delivery note and a cheque. I argued with the manager for half an hour and was surprised to know that this is all you get for a financial transaction of such high value. After much persuasion he shared a copy of their internal purchase agreement.
After reading these posts, I checked out the btis website as well as Vahan website. On BTIS website I tried with a few vehicle numbers but got no info. Vahan is open only to govt agencies. It is foolish to expect that RTO will expose car ownership details openly just on providing registration number. So I am not sure how the people who posted earlier could see the details (unless it has been revoked since).
There is no RTO form and procedure which allows you to inform about delivery of the vehicle to a dealer. As per RTO, this transaction has no validity as there is no transfer of ownership yet. The dealer is a middle man and has no liability. Now I am not even sure if these dealers operate under any legal umbrella that allows them to possess vehicles they do not own without informing the transport dept.

So now I have the same issue. How do I know if my car is sold and transferred or still under my name? The hope is to get a transfer copy from RTO which could be weeks or months in the coming.
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Old 3rd April 2017, 11:44   #94
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Default Re: Need Advice - Car sold but not transferred

Hi, needed some advice from the experts:

I had sold my car two years ago. After about 2 months of following up, the buyer assured me that it was transferred (my mistake was in not asking for transferred RC copy for my records). But recently, I received a traffic violation, which means that the car is still in my name.

I had already done the following 2 years ago:
  1. Filled up all the required RTO forms along with seller and buyer signatures, as per the team-bhp checklist.
  2. Mailed these forms to both my RTO and buyer's RTO by registered post, within 7 days of sale. Received the acknowledgements from both RTOs.
  3. Have the complete payment history from the buyer, with signatures, in hard copy.
  4. Have the complete email chain about this transaction.
The buyer is not reachable today. Please suggest the appropriate course of action. Thanks!
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Old 3rd April 2017, 11:51   #95
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Default Re: Need Advice - Car sold but not transferred

Quote:
Originally Posted by PearlJam View Post
Hi, needed some advice from the experts:

I had sold my car two years ago. After about 2 months of following up, the buyer assured me that it was transferred (my mistake was in not asking for transferred RC copy for my records). But recently, I received a traffic violation, which means that the car is still in my name.

I had already done the following 2 years ago:
  1. Filled up all the required RTO forms along with seller and buyer signatures, as per the team-bhp checklist.
  2. Mailed these forms to both my RTO and buyer's RTO by registered post, within 7 days of sale. Received the acknowledgements from both RTOs.
  3. Have the complete payment history from the buyer, with signatures, in hard copy.
  4. Have the complete email chain about this transaction.
The buyer is not reachable today. Please suggest the appropriate course of action. Thanks!
write to the RTO with copies of the acknowledgements you have previously. Same to the traffic department as well.

and provide details of owner you sold to.

this is the first step, if it doesnt close here and youre asked to appear in court go with these papers and show, it will be negligence of RTO and new owner.

Make sure you send papers to RTO or any person through registered post, keep the acknowledgement or hand deliver and get acknowledgement of the same.
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Old 3rd April 2017, 13:42   #96
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Default Re: Need Advice - Car sold but not transferred

Quote:
Originally Posted by PearlJam View Post
I had already done the following 2 years ago:
  1. Filled up all the required RTO forms along with seller and buyer signatures, as per the team-bhp checklist.
  2. Mailed these forms to both my RTO and buyer's RTO by registered post, within 7 days of sale. Received the acknowledgements from both RTOs.
Since the above two actions are already taken, In my view, you can just ignore the challan. If any further notice or court notice comes in future, then, you can show your acknowledgement.

The forms that you filled up during sale clearly mentions that you are free from all ownership responsibilities from the date of sale. And your duty ends once you post the copy of the forms to RTO and get the acknowledgement.

Last edited by gkveda : 3rd April 2017 at 13:44.
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Old 11th May 2017, 12:58   #97
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Default Re: Need Advice - Car sold but not transferred

Need an urgent clarification, I understand that this would have been discussed before.

I have recently finalized a deal for an Alto800 and paid the seller fully.

I have taken the relevant documents and given it to the RTO agent for the transfer process.

The RTO agent was saying that it would take about a week to ten days for the process to complete and he would hand me over a B extract as soon as it changes in the system.

However I need to get the vehicle earlier to that.

So can I give a signed Delivery Note to the previous owner and take possession of the car.

The question is -
Is the delivery note practice valid
Is this enough legally to get the car possession

I need the car in a day so any quick advice is really helpful!
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Old 11th May 2017, 13:36   #98
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Default Re: Need Advice - Car sold but not transferred

Quote:
Originally Posted by girishglg View Post
Need an urgent clarification, I understand that this would have been discussed before.

I have recently finalized a deal for an Alto800 and paid the seller fully.

I have taken the relevant documents and given it to the RTO agent for the transfer process.

The RTO agent was saying that it would take about a week to ten days for the process to complete and he would hand me over a B extract as soon as it changes in the system.

However I need to get the vehicle earlier to that.

So can I give a signed Delivery Note to the previous owner and take possession of the car.

The question is -
Is the delivery note practice valid
Is this enough legally to get the car possession

I need the car in a day so any quick advice is really helpful!
If you have completed the payment then you can take the delivery of the car after handing him a delivery note. This is how the used car dealers work, nothing wrong with it. Some people also get it done on a Rs. 100 stamp paper.
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Old 11th May 2017, 13:55   #99
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Default Re: Need Advice - Car sold but not transferred

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Originally Posted by amitwiz1 View Post
Thanks!

Yes, I checked the insurance and its still in the sellers name. Payment was made by cash.
I spoke to an agent today and he asked for a fee of Rs 4000 for the transfer saying that it wasn't going to be easy because of the delay. Does this stand good ?
I don't think it really matters when the actual sale happened. Why don't you go to the RTO directly and check? 4k is high if you ask me, something which should cost less than 1k if you do it yourself. It will be a bit of hassle, but not very difficult.
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Old 11th May 2017, 16:20   #100
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Smile Re: Need Advice - Car sold but not transferred

Quote:
Originally Posted by girishglg View Post
I have taken the relevant documents and given it to the RTO agent for the transfer process.
Since the payment is already done and the relevant documents submitted to RTO for the change of the ownership, it would be fair to give the delivery note to the seller. I would advise to do it if you have the receipt for the submission of the documents for RTO transfer in hand. Since you want the car urgently, it would be worth to get the Insurance also transferred in your name. Provide the RTO transfer receipt to the Insurance co for the name transfer. Pls note delivery note is not valid for insurance transfer. Once the car ownership transfer does happen, you can submit the copy of the changed RC to the Insurance co to regularize. This way the Insurance co is aware of the ownership transfer in case of any claims.
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Old 7th June 2017, 09:38   #101
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Default Re: Need Advice - Car sold but not transferred

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Originally Posted by girishglg View Post
I have taken the relevant documents and given it to the RTO agent for the transfer process.
Just an follow on update -

The above transfer was completed and I could track the transfer online via the VAAHAN portal of Ministry of Road Transport even before I received the physical RC card at -

1. https://parivahan.gov.in/parivahan/
Look below in the website for RC Status

OR

2. Send an SMS - VAHAN <Registeration No> (without space0
to 7738299899

Hope this helps anyone who is getting the RC transfer done or checking the real owner while buying a pre-owned vehicle
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Old 7th June 2017, 10:11   #102
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A related question.

If the RC is transferred to the new owner, but not the insurance, does it pose any risk to the new owner? What happens in case vehicle is stolen or some repair claim is needed. The insurance is still in previous owner's name - how does the insurance company handle this scenario.
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Old 7th June 2017, 14:55   #103
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Smile Re: Need Advice - Car sold but not transferred

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Originally Posted by DCEite View Post
A related question.

If the RC is transferred to the new owner, but not the insurance, does it pose any risk to the new owner? What happens in case vehicle is stolen or some repair claim is needed. The insurance is still in previous owner's name - how does the insurance company handle this scenario.
Yes the new owner will be at risk since he does not have the Insurance transferred to his name. Any claims raised will be rejected by the Insurance co. Transferring the ownership of Insurance is a simple process - a written application with updated RC and existing Insurance copy will suffice.
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Old 7th June 2017, 15:51   #104
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Default Re: Need Advice - Car sold but not transferred

FAQ verbatim from IRDA website


Can I transfer my insurance to the purchaser of my vehicle?
A.
Yes, the insurance can be transferred to the buyer of the vehicle, provided the seller informs in writing of such transfer to the insurance company. A fresh proposal form needs to be filled in. There is a nominal fee charged for transfer of insurance along with pro-rata recovery of NCB from the date of transfer till policy expiry. It may be noted that transfer of ownership in comprehensive/package policies has to be recorded within 14 days from date of transfer failing which no claim will be payable for own damage to the vehicle.

Q. Can I continue the insurance in the name of the previous owner even after the vehicle is transferred in RTO records in my name?
A. No. Registration and insurance of the vehicle should always be in the same name with the same address. Otherwise the claim is not payable. A fresh proposal form needs to be filled in. There is a nominal fee charged for transfer of insurance.
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