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


Reply
 
Thread Tools Search this Thread
Old 18th January 2010, 11:46   #1
BHPian
 
Gandhi's Avatar
 
Join Date: Jul 2009
Location: Bay Area, CA
Posts: 960
Thanked: 202 Times
Unhappy Old car sold, new owner refusing to transfer ownership

Hi BHPians,

I am posting this on behalf of my friend who is an avid reader of this forum but doesn't have a membership yet.

Posting in his own words -

I have sold my car three months back. Now, even after three months, the buyer has not transferred the ownership and has been giving excuses like no money, death in family, etc. I know as long as vehicle is on my name, I have legal liabilities. I want to get is transferred ASAP.

I have taken the delivery note, got a stamp paper signed (no notary though), collected his DL and PAN copies. But I know it has to get transferred.

I do not know what to do next. Do I have other way to tackle this situation? Today when I called him, he shamelessly replied - Do whatever you want to do, I am not transferring the ownership.

Please advice.
Gandhi is offline   Reply With Quote
Old 18th January 2010, 11:59   #2
Senior - BHPian
 
xingamazon's Avatar
 
Join Date: Sep 2009
Location: Chennai
Posts: 1,399
Thanked: 110 Times
Infractions: 0/1 (5)
Default

Even I faced this situation when I did sell my bike to my local mechanic. I had no clue on what to do.

But I had to stick to doing nothing, as there was nothing in my power. But one thing that was suggested was to give a report to police station informing him that I have transferred my ownership. (This was to take a precaution in case if he made misuse of the vehicle) But of course me being lazy I did not do that.
xingamazon is offline   (1) Thanks Reply With Quote
Old 18th January 2010, 12:03   #3
Senior - BHPian
 
asr245's Avatar
 
Join Date: Dec 2007
Location: Gurgaon
Posts: 1,135
Thanked: 360 Times
Default

Does he have a copy of the keys? If yes, drive it back some night. The car is still in his name. Or cant we register a complain with the cops regarding this? or maybe threaten him that if he doesn't get it transferred he will file a car stolen report with the police.
asr245 is offline   (1) Thanks Reply With Quote
Old 18th January 2010, 12:07   #4
BHPian
 
vikrantj's Avatar
 
Join Date: Jul 2009
Location: Pune
Posts: 574
Thanked: 308 Times
Default

There is a way out in this . The original owner (Transferer) who is selling the car, must inform the RTO with which the car was registered about this transfer, by sending a letter with information about the new owner (Transferee) within a period of 14 days. In case the new owner falls in jurisdiction of another RTO, then the owner has to inform that RTO by sending a similar letter. On receiving an acknowledgement of receipt of the letter from the RTO, the seller (Transferer) is indemnified of all legal, tax, traffic, criminal and other liabilities pertaining to the car. The seller must also take a delivery note signed by the buyer (Transferee).

The transfer form is called TCA or something check with you RTO office. You have to send this by registered AD and make sure you get the acknowledgement. And yeah keep the acknowledgement and delivery note from new owner close to your heart.

--- Vikrant
vikrantj is offline   Reply With Quote
Old 18th January 2010, 12:16   #5
BHPian
 
Join Date: Oct 2004
Location: Penang, Malaysia/Goa, India
Posts: 115
Thanked: 0 Times
Default Take Legal Advice

Frankly, you should be taking legal advice for this.

On a lighter note though, and to teach the person a lesson, file a FIR with the cops that the car is stolen. (I could be wrong here, but as far as I understand, wouldn't he be in a soup if your friend reports the car as stolen?)
Dud_Dodo is offline   Reply With Quote
Old 18th January 2010, 12:23   #6
ACM
Distinguished - BHPian
 
ACM's Avatar
 
Join Date: Mar 2008
Location: Mumbai
Posts: 4,154
Thanked: 2,460 Times
Default

That is good news for you.

Tell the guy that you will have to report the car stolen in police station if he does not transfer the car to his name, and then if he still does not agree, do to the police, and tell them your problem they with themselves suggest that you register the car as stolen and they will then take car of the problem in their way.
ACM is offline   Reply With Quote
Old 18th January 2010, 12:26   #7
Senior - BHPian
 
nairrk's Avatar
 
Join Date: Sep 2009
Location: Payyannur-Kannur district
Posts: 2,106
Thanked: 31 Times
Default

Seems your friend has taken a long time to react on this.
As @vikrantj suggested, your frirend should have notified the sale of the car to the RTO office immediately with copy of sale letter/Delivery Note and the Transfer form.
The car is still under the ownership of your friend and ultimately he can be responsible for any accident or any other liabilities which can be caused by the new owner. Why dont you check with your RTO and see what action your friend can take now, to safeguard his interest in this deal?
nairrk is offline   Reply With Quote
Old 18th January 2010, 12:40   #8
Senior - BHPian
 
aargee's Avatar
 
Join Date: Jan 2010
Location: KATN
Posts: 4,694
Thanked: 2,115 Times
Default

Quote:
Originally Posted by vikrantj View Post
There is a way out in this . The original owner (Transferer) who is selling the car, must inform the RTO with which the car was registered about this transfer, by sending a letter with information about the new owner (Transferee) within a period of 14 days. In case the new owner falls in jurisdiction of another RTO, then the owner has to inform that RTO by sending a similar letter. On receiving an acknowledgement of receipt of the letter from the RTO, the seller (Transferer) is indemnified of all legal, tax, traffic, criminal and other liabilities pertaining to the car. The seller must also take a delivery note signed by the buyer (Transferee).

The transfer form is called TCA or something check with you RTO office. You have to send this by registered AD and make sure you get the acknowledgement. And yeah keep the acknowledgement and delivery note from new owner close to your heart.

--- Vikrant
Vikrant is right.
Since your friend has the proof of sale reciept, fill in form 29/30, attach the proof & submit it to local RTO. Your friend will be safe. Link - Transport Department# (click on Forums, scroll down & search for CMV-29 & CMV-30).
aargee is offline   Reply With Quote
Old 18th January 2010, 14:15   #9
Senior - BHPian
 
longhorn's Avatar
 
Join Date: Nov 2009
Location: Chennai
Posts: 1,154
Thanked: 290 Times
Default

I thnk he should intimate the RTO immediately with registered A/D and also keep his insurance company informed not to renew the insurance as he has sold the vehicle.
longhorn is offline   Reply With Quote
Old 18th January 2010, 14:26   #10
BHPian
 
Join Date: Dec 2007
Location: Chennai
Posts: 54
Thanked: 0 Times
Default

I have faced the same problem when I sold my Maruti 800. I have sent a registered post with acknowledgement slip to our local RTO (i.e. the car where registered) regarding the sale of my car and buyer address details. I am holding the acknowledgement for record.
Ramesh75 is offline   Reply With Quote
Old 18th January 2010, 15:11   #11
BHPian
 
Gandhi's Avatar
 
Join Date: Jul 2009
Location: Bay Area, CA
Posts: 960
Thanked: 202 Times
Default

Thanks for all the replies.

Here's a follow-up question from my friend.

---
It turned out that the person who has signed the delivery note and sale agreement and taken the delivery of the vehicle, is giving the car to his friend (this is what I was told lately). In this case, can I still send the CMV-29 with the name and address of the person who took the vehicle delivery originally?

The delivery note (on a stamp paper) has his name and address, but for the Ownership transfer form - he insisted that the Name field be kept blank.

Would it not be problem while actually transferring the vehicle to person with different buyer name?

The buyer had promised to change ownership within 10 days and asked me not to worry about it. Now that three month time has passed during which I have been asking him almost every week to change ownership, would the RTO accept CMV-29 after 3 months of actual sale?

Furthermore, now buyer is complaining that engine has severe problem whereas when I delivered the car three months back, it was in perfect running condition and I was using it 30 KM/day, on daily basis.
---
Gandhi is offline   Reply With Quote
Old 18th January 2010, 15:33   #12
BHPian
 
Join Date: Oct 2009
Location: Noida
Posts: 178
Thanked: 13 Times
Default

@Gandhi:
I think your friend should bring in cops and/or RTO in the loop to get this sorted out. Is your friend in Bangalore?
sheetumanu is offline   Reply With Quote
Old 18th January 2010, 15:38   #13
BHPian
 
Join Date: Aug 2007
Location: Pune
Posts: 224
Thanked: 9 Times
Default

As long as your friend owns car legally, he can go to RTO and transfer it officially to new guys's name with proof (as provided by new buyer). Once car is transfered, he should update Insurance. Now, he can keep docs with him instead of giving to new buyer.
Anything will go wrong, new buyer will get caught automatically.

Ask your friend to become member for forum. If he needs help/advice he should be member instead of just reading forum.
mrkanitkar is offline   Reply With Quote
Old 18th January 2010, 15:42   #14
Senior - BHPian
 
Join Date: Jan 2006
Location: NYC/MAA
Posts: 1,333
Thanked: 194 Times
Default

This is why we prefer to sell cars to known dealers rather than individuals even though we might get less money for the same. I hope your friend does the needful to protect himself from any liability.
nickatnite is offline   Reply With Quote
Old 18th January 2010, 15:58   #15
Senior - BHPian
 
pramodkumar's Avatar
 
Join Date: Mar 2006
Location: Gods own country
Posts: 1,993
Thanked: 857 Times
Infractions: 0/1 (5)
Default

Quote:
Originally Posted by Gandhi View Post
Thanks for all the replies.

Here's a follow-up question from my friend.

---
It turned out that the person who has signed the delivery note and sale agreement and taken the delivery of the vehicle, is giving the car to his friend (this is what I was told lately). In this case, can I still send the CMV-29 with the name and address of the person who took the vehicle delivery originally?

The delivery note (on a stamp paper) has his name and address, but for the Ownership transfer form - he insisted that the Name field be kept blank.

Would it not be problem while actually transferring the vehicle to person with different buyer name?

The buyer had promised to change ownership within 10 days and asked me not to worry about it. Now that three month time has passed during which I have been asking him almost every week to change ownership, would the RTO accept CMV-29 after 3 months of actual sale?

Furthermore, now buyer is complaining that engine has severe problem whereas when I delivered the car three months back, it was in perfect running condition and I was using it 30 KM/day, on daily basis.
---

I strongly feel, now this guy is trying to extort money from your friend, Tell your friend to approach the nearest police station and tell them that he sold the car to someone and now he is not transfering the car and now he is saying that he needs a new sale note with no buyers name on it, tell the cops that you suspect that the car might be used for some terriorist activities and submit a copy of all the documents duly attested, Then take a copy of the complaint and leave a peaceful life. Since after doing all this its not your friends problem any longer.

Pramod
pramodkumar 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 23:24.

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