Go Back   Team-BHP > BHP India > The Indian Car Scene


Reply
 
Thread Tools Search this Thread
Old 14th February 2010, 13:22   #46
Senior - BHPian
 
Join Date: Jun 2007
Location: Kochi
Posts: 2,147
Thanked: 143 Times
Default

Since he has got the NoC, it may be mentioned in the NoC that the vehicle is sold / transferred by Sahil.

There is another angle to it. Since NoC for transfer to place X is already obtained, the buyer will have revert back to the Regd. owner to obtain an NoC for transfer to place Y. I am not sure though,.
BaCkSeAtDrIVeR is offline   Reply With Quote
Old 14th February 2010, 20:44   #47
Senior - BHPian
 
navan49's Avatar
 
Join Date: Nov 2009
Location: CHENNAI
Posts: 998
Thanked: 68 Times
Default

The people are doing it . It is we the sellers should be careful with the buyer and monitor whether it is registered in the buyers name or not. We can inform the RTO by Registered copy and sale deed that it is sold to so and so and you we don't have any liability on this car. Then it is the head ache of the buyer and seller. Better not to sign on the blank forms which lead to non trasfer of ownership.
navan49 is offline   Reply With Quote
Old 14th February 2010, 20:55   #48
Team-BHP Support
 
Samurai's Avatar
 
Join Date: Jan 2005
Location: B'lore-Manipal
Posts: 22,384
Thanked: 14,314 Times
Default

Quote:
Originally Posted by BaCkSeAtDrIVeR View Post
There is another angle to it. Since NoC for transfer to place X is already obtained, the buyer will have revert back to the Regd. owner to obtain an NoC for transfer to place Y. I am not sure though,.
NOC also has the name of the buyer.
Samurai is offline   Reply With Quote
Old 14th February 2010, 21:12   #49
BHPian
 
tacho's Avatar
 
Join Date: Jan 2005
Location: Herndon, VA
Posts: 125
Thanked: 2 Times
Default

Interesting. I don't know the rules of buying and selling used cars, but I find it amusing that the seller has to keep a tab on what the buyer is doing with the car. If the seller still has some liability, why did he hand over the keys? Not that the OP made a mistake, but there seems to be something wrong with the system.
tacho is offline   Reply With Quote
Old 15th February 2010, 10:26   #50
Distinguished - BHPian
 
Sahil's Avatar
 
Join Date: May 2004
Location: Bombay
Posts: 5,202
Thanked: 2,096 Times
Default

Well I had a word with the buyer yesterday. He rushed me to get him the NOC which I did within 10 days of sale. However after which he has done nothing about it, he has been claiming to have started the registration process long back. But now his claim is that he only sent the papers 20 days back. Whether or not that is true is anyones guess, I have given him a deadline until the Friday or I would be reporting the matter to the cops. If they are suppose to or not look into such a matter is there problem but I am going to do my bit to clear my slate. But my guess is with terror alerts such things would be taken strictly. I would prefer a smoother transfer but I am left with no choice.

Last edited by Sahil : 15th February 2010 at 10:27.
Sahil is offline   Reply With Quote
Old 15th February 2010, 10:45   #51
Senior - BHPian
 
Join Date: Jun 2007
Location: Kochi
Posts: 2,147
Thanked: 143 Times
Default

sahil - cool it !!! When you say that the buyer's name is in the NoC, it means that the system knows that you have sold the car. (Hope you have your copies of the applications, acknowledgement for the application, at least a photo copy of the NoC, etc.). At least, make sure that you have a file number of your NoC application date.

So, your side is clear, legally.

Now, the buyer has to clear his legal side - it is up to him to do, or not to do it. If he does not make the application to get the car in his name within the stipulated time, he is criminally liable under the MV act.

So, what remains the buyer clearing himself morally - for claiming that the vehicle is "single owner" when it is not. Probably, he will wriggle out by saying that the vehicle was not purchased on partnership. ;-D
BaCkSeAtDrIVeR is offline   Reply With Quote
Old 7th October 2012, 19:43   #52
BANNED
 
Join Date: Sep 2007
Location: Bangalore
Posts: 139
Thanked: 33 Times
Default Friend is in [deep?] trouble about car sale

A close friend just called me up with a problem that he is facing. Thought I would ask for suggestions here.

He sold a car about 4 years ago to a common friend, and recently found out that the buyer had not transferred the car yet. He has been repeatedly asking him to do so but he says that it is 'too much of a hassle' as the 'closure of bank loan' issued by Citibank was only valid for 3 months. Can he get another one from Citibank?

My question is - what are my friends options. Can he inform the RTO? How to make sure that he has an acknowledgment from the RTO? He has the delivery form signed by the buyer. My friend wants to inform the RTO that the vehicle has not been with him since 4 years.

Don't know which forum to post this in. Mods may please re locate if required.
kumar2007 is offline   Reply With Quote
Old 7th October 2012, 19:58   #53
BHPian
 
ScorpMan's Avatar
 
Join Date: May 2008
Location: DL/PB/HR
Posts: 359
Thanked: 121 Times
Default Re: Friend is in [deep?] trouble about car sale

Yes, he can surely get another NOC from the bank without any problem. And AFAIK, if he informs the RTO, or files a written complaint regarding the buyer's misdeed, they will remove your friend's name from their record's as the said car's owner, and put a ban on its further sale or transfer to any one. If this is done, the buyer will be in trouble.
ScorpMan is offline   Reply With Quote
Old 7th October 2012, 20:01   #54
Distinguished - BHPian
 
supremeBaleno's Avatar
 
Join Date: Dec 2005
Location: Weekdays@Chennai, Weekends@Kerala
Posts: 5,164
Thanked: 1,638 Times
Default Re: Friend is in [deep?] trouble about car sale

He can get another loan-closure form from the bank. Might have to pay their charges for re-issuing this, which would be a few hundred rupees. You could also do the hypothecation closure via an agent, in which case, the RTO folks usually ignore the fact that the form is past its 3-month validity.

Regarding informing the RTO, yes it is very much possible. What your friend (seller) has to do is get any ID proof of his friend (buyer) and make a couple of copies. Prepare a covering letter to the RTO where his car was registered & intimating about the sale of the car - make 2 copies of this letter. Attach copies of the sale letter, copy of car RC and copy of the ID-proof. Mark copies to the RTO where the buyer resides and a copy to the buyer's home address - at the bottom of covering letter indicate who all has been copied. Send out one set each (letter + sale letter + ID proof) to all 3 parties by Regd Post with A/D. Keep a copy of the letter + original saleLetter + ID proof + RC copy with himself and also the acknowledgement cards from both RTOs and his friend. This should be enough intimation. I read this somewhere and this was what I did when I sold my bike and the buyer was not registering it in his name.
supremeBaleno is offline   (2) Thanks Reply With Quote
Old 7th October 2012, 21:50   #55
Distinguished - BHPian
 
condor's Avatar
 
Join Date: Jun 2006
Location: Speed-brkr City
Posts: 10,750
Thanked: 4,339 Times
Default Re: Friend is in [deep?] trouble about car sale

A solution suggested to me by someone (dont remember who it was) - when selling, ask the buyer to take the vehicle after he transfers the vehicle. Let him pay the money, take the papers & keys, but the car remains in the seller's possession till the vehicle is transferred.
condor is online now   Reply With Quote
Old 7th October 2012, 21:56   #56
BHPian
 
Join Date: Dec 2007
Location: Pune
Posts: 142
Thanked: 192 Times
Default Re: Friend is in [deep?] trouble about car sale

Why doesnt your friend (the seller) do the transfer himself? Just take the buyer's signatures again on Forms 28, 29, 30 and attach all documents as is, with a cover letter, and send it thru an agent.

Agents usually "convince", for a fee, the rto officer to overlook minor discrepancies, as long as the basic transaction is in order, and smart card will be sent to buyer's address.

This might cost the seller a couple of thousand rupees, but at treat this as the cost of peace of mind, and the penalty of not having a decent buyer.
abeerbagul is offline   Reply With Quote
Old 7th October 2012, 23:48   #57
Distinguished - BHPian
 
dhanushs's Avatar
 
Join Date: Oct 2009
Location: Bathery/BLR
Posts: 3,446
Thanked: 4,055 Times
Default Re: Friend is in [deep?] trouble about car sale

Quote:
Originally Posted by kumar2007 View Post
He sold a car about 4 years ago to a common friend, and recently found out that the buyer had not transferred the car yet. He has been repeatedly asking him to do so but he says that it is 'too much of a hassle' as the 'closure of bank loan' issued by Citibank was only valid for 3 months. Can he get another one from Citibank?
Yes, he can get another NOC from Citibank.

Well Kumar, if the buyer is really a friend, I'd advice your friend to take matters into his own hand. Ask your friend to take the amount from the buyer, and arrange a good agent to do all the paperwork. It will take him say, couple of hours to do this, which is well worth it.
dhanushs is offline   Reply With Quote
Old 8th October 2012, 06:54   #58
BANNED
 
Join Date: Sep 2007
Location: Bangalore
Posts: 139
Thanked: 33 Times
Default Re: Friend is in [deep?] trouble about car sale

Thanks guys. Have passed this link on to my friend. Will post the follow up.
kumar2007 is offline   Reply With Quote
Old 8th October 2012, 08:28   #59
Senior - BHPian
 
ghodlur's Avatar
 
Join Date: Sep 2009
Location: Thane
Posts: 5,041
Thanked: 2,086 Times
Smile Re: Friend is in [deep?] trouble about car sale

Kumar,
I agree with @abeerbagul, all you need to do is fill in the relevant forms and get the car transferred. Pls note its always the seller's responsibility that the car gets transferred to the buyer, so your friend will have to get it done.

BTW why is this thread in shifting gears, Mods request you to move to appropriate thread please.
ghodlur is offline   Reply With Quote
Old 8th October 2012, 09:11   #60
Senior - BHPian
 
Warwithwheels's Avatar
 
Join Date: Aug 2009
Location: India
Posts: 1,251
Thanked: 1,013 Times
Default

Quote:
Originally Posted by kumar2007 View Post
....Can he get another one from Citibank?
Ofcourse, he can. But he would be required to execute an Indemnity bond and get it notarized by an Attorney to get another copy of the NOC from Citibank in case he does not have the original.

In the other case, it may need to be re stamped.

Check out the last few FAQ's on this site

Also, do check out this thread (Old car sold, new owner refusing to transfer ownership)

Last edited by mobike008 : 8th October 2012 at 12:32. Reason: back to back posts. Please refrain
Warwithwheels is offline   Reply With Quote
Reply


Thread Tools Search this Thread
Search this Thread:

Advanced Search


Similar Threads
Thread Thread Starter Forum Replies Last Post
Transfer of registration after death of vehicle's owner? ajay387 The Indian Car Scene 45 25th November 2017 22:31
Two Classics, One Car - 81 year old Packard and 101 year old owner karlosdeville Beyond Borders 5 29th August 2016 00:42
I sold my car & new owner banged it before transfer and then resells it Tejas@perioimpl Street Experiences 28 30th October 2010 22:16
New Owner not ready to do the transfer of my Bike ashishy Motorbikes 21 31st May 2009 16:04


All times are GMT +5.5. The time now is 00:51.

Copyright 2000 - 2017, Team-BHP.com
Proudly powered by E2E Networks