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Old 24th January 2010, 22:29   #31
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Hi,

I agree with GTO and KSM-Vtec.

Send a letter (2 copies) to the RTO stating when the car was sold and to whom and to amend their records accordingly.
Attach a copy of the delivery note.
Get the RTO to sign, stamp and return one of the copies.
That is your proof that you have intimated them.
You MUST do this for every motor vehicle that you sell unless you know the buyer really well. Even then, he must give you a copy of the RC book once the vehicle is transferred to his name, especially showing the page where his name is entered as the new owner.
Keep this for your records.
I have papers that are 15 years old from vehicles I have sold.

Regards,

SS
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Old 25th January 2010, 12:38   #32
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An update from my friend. He has tried to answer some the questions asked in earlier posts.

He has already applied for the membership, haven't heard anything from the mods yet.

In his own words -

Quote:
1. Did you fill up the Form 29 and 30 in duplicate completely with the name of the purchaser, date of sale or have you signed on blank Forms , as most people do. (Never ever sign on blank forms)
=>Unfortunately signed on blank forms, just filled up regn number, engine number, and chassis number. Not sure of date.

Quote:
2. Did you have a Comprehensive or Third party Insurance policy.
=>I have a Comprehensive Insurance Policy, but going to expire very soon.

Quote:
3. Do you have photocopies of these forms. (Suggest always keep one set)
=> No.

Quote:
4. Do you have proof of address of the buyer. Ask him/her for a photocopy(xerox) of drivers licence, pan card copy, Voters ID an a PP size photographs.
=>Yes, I have copies of PAN and Driving License.

Quote:
5.Do you have Original copy of the Delivery Note signed by the buyer along with signature of atleast one witness ( two could be better)
=> Yes. I have Original copy of Delivery Note + a Sale Agreement on stamp paper with one witness.

Quote:
6. Have you atleast mentioned the Regd. No. and the date of sale on all these forms.
=> Yes. I did mention the registration no, engine, and Chassis number on these form, not sure of mentioning the date.

Quote:
After seeing your reply I shall offer a perfect solution to safeguard your interest. I shall also put up the entire list of safeguards to be taken in case of sale of purchase on any Automobile.
Please treat this process with lot of seriousness probably much more than buying & selling a property. I think it only a matter of time when both the Buyer and the seller will have to be physically present at the RTO to complete the transaction, like the Sub-registrars office.
=> I have visited the RTO, but officials there said that it is the seller responsibility to ensure that transfer is done, nothing can be done now at their end for this case. Also, they were not willing to accept a letter of intimation.

Would it any help sending a letter by registered post to RTO?
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Old 26th January 2010, 13:13   #33
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Quote:
Would it any help sending a letter by registered post to RTO?
Relax Gandhi,

Since you have the Delivery Note signed by the Buyer, fill it up with all the details like Make, Regd. No., Engine & Chasis Nos., Date and time of sale. Get it signed by one witness. Have a photocopy taken of this completed DN.

1.Write a letter to the RTO, stating clearly that XXXX vehicle, XXXX year of make, bearing Regd. No. XXXX , Chasis No. XXXX, Engine No. XXXX was sold to XXXX (name & address) on XX XX XXXX at XX XX time. Also state that the buyer has acknowledged taken delivery of this vehicle as evident in the enclosed Photocopy of the Delivery Note. Also enclose the photocopies of the buyer’s drivers Licence , Pan card and copy of the Regd. Certficate of the vehicle. Also mention that you are sending a copy of this letter to the Buyer and requesting him to complete the Transfer formalities immediately.

2. Write a similar letter addressing it to The Commissioner of Police (Traffic) and also enclose a photocopy of the letter and all enclosures sent to the RTO. In Bangalore we call it The Traffic Enforcement Dept of the Bangalore City Police. This agency is responsible for sending all notices for the traffic
offences committed and for collection of Fines. ( I hope you have not received any Notice for offence committed by the Buyer ) If, yes then enclose the photocopy of this Notice in the letter.

3. Write a letter to the Buyer, informing him about the letters you have written to both the Authorities and requesting him to complete the Transfer formalities immediately. (You need to enclose a photocopy of this letter to both the RTO & the Police) Also request him to send you a Photocopy of the Regd. Certificate of the vehicle after his name has been incorporated in it. Enclose the copies of the letter you have written to RTO & Police for his reference. The next thing you will notice him scampering to the RTO

Send all these letters to their respective addresses by Speed Post with POD facility. Also send a additional copy to each of them by ordinary post ( Under Certificate of posting )

Preserve the acknowledgements that you receive from all these Agencies and breathe easy.

Take care,

God bless…..
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Old 26th January 2010, 20:35   #34
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Reading this thread scares the hell out of me! I sold my splendor motorcycle in Feb 2008. Never got any receipt whatsoever. Just got the money. The bike is still in my name.

I checked with the new owner about the transfer of ownership. He is saying since my bike is a TN registered one and since I sold it in bangalore, the RTO needs a no objection certificate to change the number to KA and then transfer the ownership. I am now working on getting the NOC done.

The only respite to me in this whole matter is the new owner is a known person and wouldn't misuse for sure. But if someone whacks the bike from him and does something untoward, I am in soup.

Do i have a way to be relieved of all legal liabilities on the vehicle? Since its been two years, Can I still send the CMV29 and CMV30 forms to the RTO ?

By the way, what exactly is a delivery note? is that a legal document given by the RTO or is it just a note on a plain piece of paper with the signatures of the old and new owners acknowledging the sale?

Pl help! my head is spinning.
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Old 26th January 2010, 21:29   #35
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Hey Veyron, have u heard these two phrases

1. "when in a hole stop digging".?,
2. It is never too late.

Dude, please complete all paper work, this known person can get into any kind of a jam.?!, get this liability off your back.

Cheers
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Old 27th January 2010, 14:21   #36
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I just wanted to say - things like these prevent and discourage me from selling or buying another car.
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Old 27th January 2010, 14:25   #37
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areohit - once process is in place and we are done with out duty, we do not have to bother too much.
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Old 27th January 2010, 15:25   #38
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I'm in a similar fix. My car has been sold to a buyer in the south. I have gotten an NOC letter from the RTO in Thane as he it to register the car in the south. Does my responsibility end there? As I checked with him and the transfer has still not happened, his agent says it will take 3 months since car is from different state. What should I do in this case?
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Old 14th February 2010, 03:05   #39
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Guys, I sold my car few months back to a BHPian. I got the NOC done from Thane RTO for him and he was to register it in Banglore and give me the document proof. However he has not registered the car and I have seen that it now back up for sale. Link : Team-BHP Classifieds - MERCEDES BENZ C-180 CLASSIC 2001 SINGLE OWNER - Powered by PhotoPost Classifieds

I have no problem with what he does with the car but my concern is that he has still mentioned that the car is 1 owner. Hence the car is still registered in our name. What steps can I take to safe guard my sale and get my name out?

Last edited by Sahil : 14th February 2010 at 03:10.
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Old 14th February 2010, 08:49   #40
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Team-BHP Classifieds - Message - Powered by PhotoPost Classifieds

"Report product" and tell the facts so that the advt can be taken down.

The other point to note is that the guy must have placed advt in many media - newspapers, carwale.com etc.

Best option is to search for threads which explains how to deal with non transfer of car even if you hv sold it.
"I have no problem with what he does with the car ..." You need to have a problem with what he does with the car. Please note that car on your name is still your liability. With recent blasts in Pune etc, you need to be doubly careful about complete transfer thing.
Will just NOC help you in such case?

Last edited by subscrive : 14th February 2010 at 08:57.
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Old 14th February 2010, 09:04   #41
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i am told, as per the RTO rules, the owner of the car has to send a note to the transport authority with a copy of the delivery note (signed by the buyer). There is a validity on the delivery note by when the buyer has to register or sell.
Do the same rules apply outside outside of Karnataka as well?

I had a case when the buyer came back after a year asking me to sign the sale receipts again. I had to refuse. Not sure he got the car registered after that.
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Old 14th February 2010, 09:06   #42
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Hey! Now I dont see the advt! That was quick!
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Old 14th February 2010, 09:17   #43
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We've removed that ad. Matters need to be sorted out between buyer and seller first.
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Old 14th February 2010, 12:08   #44
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You were lucky that you saw the ad here and got it deleted.But chances are that the car could have well been advertised elsewhere too.

But I dont think yours is the first case here in Tbhp.I have seen ad's before in our Classified section with the seller mentioning the number of owner's as 1,when the seller had himself created a thread of his Initial Ownership report stating that he purchased it used.

I think people dont give due consideration to the legal tangle involved in such cases.Buying a car and running it on another person's name is a crime.
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Old 14th February 2010, 12:24   #45
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I guess its fine as long as you've got the delivery note. Dealers normally do not transfer ownership on the RC book since it increases the number of owners.
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