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Old 7th October 2012, 01:04   #16
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Default Re: Transfer of registration after death of vehicle's owner?

Reviving this thread as i need advice.

My dad passed away earlier this year and he was staying in Kotdwara, Uttarakhand. He had bought a car and it was registered in his name in Shimla (Himachal), which he never had changed when he relocated to Kotdwara.

I live in Bangalore with no proof of address in Shimla. I brought the car down to blr as we could not leave it lying around.

I would like to either sell the car or transfer it in my name - whatever is easier.

In my view, it would make more sense to take the car to Shimla and sell it - with all the papers (death cert, succession cert). Or, go through a long drawn process of having the car transferred in my name (not sure how i will do this given i have no address proof in Shimla), then issue an NOC for transfer to Bangalore and then sell here. The car is 10 ys old.

Need advice on this please.
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Old 7th October 2012, 18:31   #17
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Originally Posted by wanderluster View Post
Reviving this thread as i need advice.

My dad passed away earlier this year and he was staying in Kotdwara, Uttarakhand. He had bought a car and it was registered in his name in Shimla (Himachal), which he never had changed when he relocated to Kotdwara.

I live in Bangalore with no proof of address in Shimla. I brought the car down to blr as we could not leave it lying around.

I would like to either sell the car or transfer it in my name - whatever is easier.

In my view, it would make more sense to take the car to Shimla and sell it - with all the papers (death cert, succession cert). Or, go through a long drawn process of having the car transferred in my name (not sure how i will do this given i have no address proof in Shimla), then issue an NOC for transfer to Bangalore and then sell here. The car is 10 ys old.

Need advice on this please.

My condolences!

What you will have to do is -
1. Reach out to Shimla RTO for change in ownership. You will have to get the name transferred to your mother's. This will take 2 months. You will have to submit an affi davit with the RTO signed by all your siblings that you dont have an issue in the name getting transferred to your mother's.
2. Once the name is trnasferred, if you can sell it in Shimla.

I would suggest not to sell the car without transferring the ownership as the owner or legal heirs are responsible for all accidents / 3rd party losses to property and life. You wont know how the new owner is going to use the car.


http://www.team-bhp.com/forum/indian...-car-sale.html

it is not a very serious issue yet in the link copied, but the troubles can be many and it can be real deep mess.

Last edited by moralfibre : 7th October 2012 at 23:39. Reason: Back to back posts.
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Old 7th October 2012, 22:50   #18
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Default Re: Transfer of registration after death of vehicle's owner?

Quote:
Originally Posted by MrinalSinha View Post
My condolences!

What you will have to do is -
1. Reach out to Shimla RTO for change in ownership. You will have to get the name transferred to your mother's. This will take 2 months. You will have to submit an affi davit with the RTO signed by all your siblings that you dont have an issue in the name getting transferred to your mother's.
2. Once the name is trnasferred, if you can sell it in Shimla.

I would suggest not to sell the car without transferring the ownership as the owner or legal heirs are responsible for all accidents / 3rd party losses to property and life. You wont know how the new owner is going to use the car.
Thanks Mrinal. My parents divorced long ago, so that would leave my sibling and me as the legal heirs. I will get the affidavit signed by my sibling and the divorce certificate too so that it can be transferred to my name. Should I also get an affidavit signed from my mom too?

I have no address proof in Shimla - so, would that be a be an issue getting the transfer made in my name (have proof for bangalore)? this is my biggest concern.

I definitely want to get all the paper work in order - even though its an old car, i still want to have everything in the clear - right now and when i sell it.
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Old 8th October 2012, 13:18   #19
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Default Re: Transfer of registration after death of vehicle's owner?

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Originally Posted by wanderluster View Post
Thanks Mrinal. My parents divorced long ago, so that would leave my sibling and me as the legal heirs. I will get the affidavit signed by my sibling and the divorce certificate too so that it can be transferred to my name. Should I also get an affidavit signed from my mom too?

I have no address proof in Shimla - so, would that be a be an issue getting the transfer made in my name (have proof for bangalore)? this is my biggest concern.

I definitely want to get all the paper work in order - even though its an old car, i still want to have everything in the clear - right now and when i sell it.
i quoted the process from my experience. As your requirement is little complicated, you should reach an expert for help.
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Old 4th December 2012, 17:36   #20
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Default Re: Transfer of registration after death of vehicle's owner?

Guys,

I got transfered my cousins bolero which i sold to him in 2007 to his wife name today , after his death in 2011. All by myself w/o any middlemen.

Total expense was 350/- and 3 visits to the RTO, took 32 days.

Friends please start doing things by your own, stop using middle men and giving bribes.
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Old 4th December 2012, 18:05   #21
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Default Re: Transfer of registration after death of vehicle's owner?

I support what Rajith says, if you do the whole RTO things on your own you stand a better chance of getting it done fast and with full control over the process. RTO agents might fool you for days and months and you really dont know whats going on. But in your case as you live in Bangalore and the car is registered in shimla RTO it will be a pain.

Rajith could you please explain the entire process in detail here for others benefits. I thought that one should have a proper sucession certificate and then one needs to get the evaluation done from a Govt. appointed estimator for the cars price and what not! If this is the process then sure its going to take some time.

Quote:
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Guys,

I got transfered my cousins bolero
....things by your own, stop using middle men and giving bribes.
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Old 4th December 2012, 20:02   #22
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Default Re: Transfer of registration after death of vehicle's owner?

hi,

I did it my self in Bangalore-Yehlanka RTO.

Docs reqd - CMV 31,Photo-1,Smart card & TO fees @ 350/-Rs,
valid Emission certificate,Insurance,Family tree, NOC from family tree members,legal heir ship certificate, Death certificate,Address proof,Old RC,Pan card,Passport copy,Marriage certificate and NOC from Financier if loan is there.

All these papers where submitted to RTO on 02/11/2012 in a nice file with content list pasted on left side. Met Sr Motor vehicle inspector on 22/11/2012 as we didnt get the RC in post and explained all papers again. Got smart card dated 22/11/2012 on 04/12/2012.

Guys do it and you will start contributing in cleaning up the nation slowly.

Last edited by Rajith : 4th December 2012 at 20:12.
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Old 13th March 2013, 07:44   #23
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Default Re: Transfer of registration after death of vehicle's owner?

I am reviving this thread as i needed help on the same. My dad passed away last year.
We have two cars which i want to get it transferred to my name.

The documents reqd indicates : Affidavit legal heirs relinquishing their right in favor of the applicant.

Is there a specific format for the above? Can anyone tell me where i can find it?
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Old 3rd April 2014, 21:58   #24
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Default Re: Transfer of registration after death of vehicle's owner?

Quote:
Originally Posted by coolkurt View Post
I am reviving this thread as i needed help on the same. My dad passed away last year.
We have two cars which i want to get it transferred to my name.

The documents reqd indicates : Affidavit legal heirs relinquishing their right in favor of the applicant.

Is there a specific format for the above? Can anyone tell me where i can find it?
Did you get the transfer done? If yes, can you please share the exact procedure followed, total time it took and costs involved. Thanks.
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Old 4th April 2014, 15:36   #25
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Default Re: Transfer of registration after death of vehicle's owner?

Quote:
Originally Posted by racingmachine View Post
Did you get the transfer done? If yes, can you please share the exact procedure followed, total time it took and costs involved. Thanks.
Yes I got it done.

The documents required is as follows:

1. Registration certificate in original
2. Form 31 in duplicate with endorsement of the
financier if the vehicle is held of hire purchase.
3. Original copy of death certificate of the registered
owner.
4. Affidavit by the applicant to this effect and from the
other legal heirs relinquishing their right in favour of the
applicant.
5. Attested copies of valid insurance in favour of
applicant.
6. Attested copy of address proof of applicant.
8. Valid PUC certificate
9. Legal Heir /Surviving Member certificate
10. Court Order in case the heir is decided by Court

The fees charged was nominal. 300 or 400 rupees, mainly for the smart card.
You have to get it transferred within 1 month of the death or else there's a penalty of Rs 100/ month. I had to pay Rs 1200 as I got it done almost a year later as I had to wait for the legal heir certificate.

Regards
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Old 4th April 2014, 15:58   #26
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Default Re: Transfer of registration after death of vehicle's owner?

Thanks for the response.

Quote:
Originally Posted by coolkurt View Post
5. Attested copies of valid insurance in favour of
applicant.
Can you explain what this means exactly? The vehicle is currently insured till june/july.

Quote:
Originally Posted by coolkurt View Post
9. Legal Heir /Surviving Member certificate
Is it a mandatory requirement or transfer can be made without it as well?

In case it is mandatory, can you throw some light on how does one go about getting a legal heir/surviving member certificate? Thanks.

Last edited by racingmachine : 4th April 2014 at 16:25.
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Old 4th April 2014, 18:40   #27
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Default Re: Transfer of registration after death of vehicle's owner?

Quote:
Originally Posted by racingmachine View Post
Thanks for the response.



Can you explain what this means exactly? The vehicle is currently insured till june/july.



Is it a mandatory requirement or transfer can be made without it as well?

In case it is mandatory, can you throw some light on how does one go about getting a legal heir/surviving member certificate? Thanks.
The insurance has to be transferred to your name. You'll have to get in touch with your agent for the same. Without that, the transfer won't be possible.

Legal heir certificate is mandatory. It lists who are the heirs to the deceased. It has to be submitted with your area SDM. Try and contact a documentation guy for the same. He'll help you with the required affidavits as there's a specific format to be followed. It usually takes a few months to obtain the legal heir /Surviving members certificate.
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Old 6th April 2014, 17:02   #28
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Default Re: Transfer of registration after death of vehicle's owner?

Can i sell a car on behalf of my late dad without transferring it in my name?

My dad passed away in 2012. His car was registered in Himachal, but he was living in Uttarakhand when he passed away. I live in Bangalore now and brought the car down as there was no one else there and i did not want to lave it with the caretakers who would (mis)use .

We tried transferring the car, but we had everything except the Legal Heir certificate. I have it now. But don't have the time to get the transfer done nor do I have an address proof in Shimla. I will have to transfer it in my name and get an NOC - too much time and trouble.

I am thinking of taking it back and just selling it in Shimla for anyone willing to buy it in cash (with the paperwork done) as it's lying unused (an old alto).

Hence, can i sell it on behalf of my late dad without transferring it in my name?
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Old 9th July 2014, 20:26   #29
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Default Re: Transfer of registration after death of vehicle's owner?

wanderluster - what is the street value of the car, would it make more sense just to scrap it and destroy the RC?

A very good friend passed away after fighting cancer for 4 years, so he had enough time to get all paperwork and documentation ready, but still, when he died, his car was still in his name. His wife asked for help in transferring the car (Delhi vehicle, address, less than 4 years old car) so it took about 6 months to get the death and succession certificates in order. Submitted all paperwork after thorough checking in April 2014 at RTO Sheikh Sarai as "death case".

Then started the run-around. For 3 months, nothing, everytime my driver is told, machine is down, agency has changed, once he was told pay 3k and it will get done. Finally, yesterday, I went myself and the counter clerk looks at the receipt, looks at the file, looks at his computer and then says "seller signature variation".

I told him "this is not seller, this is tranfer from dead husband to wife", he said "same thing" in a very rude manner and asked me to come inside to meet the MLO. The MLO tells me he can not over-ride his subordinate once file has got a note, so I must get a matching signature. The person is dead for 11 months now.

I flipped.

The rest of the episode is on my blog at TOI and also escalated to friends in Government, but in the bargain, the 2 MLOs and one asst MLO delivered the transferred RC to my house the same evening.

But here is part of the blog online written by me - "Here is, and not so funny, but grimly black humour, my latest experience at the neighbourhood RTO in Sheikh Sarai, New Delhi.
The episode involves the transfer of a car from my late friend’s name (after his death last year) to his wife’s name, and has been going on for 4-6 months. Right at the beginning I was told, pay 3k, and it will be done now, or it will take forever. I chose not to pay, and the documents correct in every respect after multiple checks at multiple counters were filed in mid-April 2014.
Even then, I paid 370/- extra under a funny receipt, plus “service tax” of which there is no record, which is a separate story, in addition to the regular fees plus penalty of 600/- rupees for “delay”.
8 trips and demands for various sums of money later, which said amounts I steadfastly refused, I decided to go myself today, and sure enough, the counter guy openly asked for 300/- as “tatkal fees” and was also willing provide some sort of a receipt from the “new” agency.
Reason? I was informed, by the counter staff and then by a consortium of three sitting in the cabin of the MLO, that signature of the owner did not tally, and I would have to get fresh signatures of the “seller”. This was in context with transfer of a car, where the owner had died in July 2013, and all documents like death certificate, legal heir and many other documents were right in front of them as the rascals grinned at me and demanded fresh signatures.
That’s when I said enough is enough and started walking about taking photos. How is it that after 3 months and 8 trips they discover there is such an obtuse deficiency? I said, fine, hang the RC, do your worst.
Moments later, assorted MLOs come out of the wall and say “you can’t take photo”. I said, I already did, and have already transmitted them, so let’s call the cops. I also told them they can take the RC, my driving licence, all the cars, and seize all of them if they want, I will use a DTC bus.
The cop who was hanging around and/or called took my side on realising which way this was going. and said he was not aware of any law that prevented me from taking photographs.
As for the MLOs, I just asked them why they and their staff were not in uniform, and what happened to the service tax collected. That was enough to get them to start offering me cups of tea and water.
it is an old habit of mine, i never accept hospitality, nor do i enter their offices. Talk in the open, so i walked to the nearby mother dairy outlet, and bought my own 6/- worth of salty buttermilk (chaach).
Long story short, I was told that the RC magically became ready in minutes and is now being delivered by hand, the counter crowds which are 75% fake to make it look noisy melted, and the MLOs are saying sorry sorry. I am getting calls, my late friend’s wife is getting calls, and the MLOs want to visit me at home.
But this still needs a system fix. The individual case is not the issue.
And this, by the way, is where privatisation is worse than Government."

+++

This is the eMail to RTO-Delhi

"Good Evening,

While separately i escalate this, i want to notch it up to all of you again, also - on what the extent of corruption has reached to where signatures are demanded from dead people now at your Delhi RTOs.

The real core issue here is that Office of MLO, Sheikh Sarai, chooses to ask me to go get a solution for a signature variation from a person who has been dead for last 11-12 months. Otherwise, ofcourse, the corruption and bribery route is open? And this is for a transfer of a vehicle to a widow, AFTER her husband has died, when full documentation of death certificate, legal heir certificate, nominee - everything has been provided.

What sort of death case vehicle transfer form requires signature of a dead person? That also 3-4 months after submitting all forms all documents including death certificates, legal heir certificates and more?

Do you government servants not have any remorse left even for dead people now?

SHAME.

Sincerely,

Veeresh Malik"

+++

This is another email to the Transport Department in Delhi

"Greetings & Jai Hind!!

Yesterday, at RTO/Sheikh Sarai, your MLOs Shri Nand Gopal and Shri Rana told me I could not take photos, but were unable show me any proper Constitutionally sound and/or gazetted order to that effect.

This is the article I have written and published, and it carries photos of RTO-Sheikh Sarai. I strongly suggest that as a means of encouraging citizen participation in democracy you either put up the rules under which photography is not permitted, and then prosecute me in context with this published article, so that we can resolve this issue one way or the other.

You may be interested in knowing that a similar exercise was carried out with Ministry of Civil Aviation too and one is currently underway with and at all levels of Judiciary too as well as Indian Railways. It will be good to club Road Transport and Highways also.

http://blogs.timesofindia.indiatimes...res-at-an-rto/

Shri Nand Gopal at one stage even threatened that he would hold me against my will in his office. That I shall take up with PMO as well as Home. Can you even imagine what RTOs do when dealing with citizens who are unable escalate matters please?

It is my submission that open extortion is not unknown at your RTOs, and that demanding signatures from a dead person is the worst example of open loot and thuggery practised anywhere in the world that I have seen, but there are many other aspects especially those pertaining to commercial vehicle and licences which I propose to dig deeper into by applying for a taxi driver licence/badge myself.

When I visit RTO Sheikh Sarai for my conversion of driving licence to taxi driver/LMV commercial licence, I shall propose to take photographs of the process, under intimation to Government of India, including your office. Please do let me know if you have any formal objection in this matter.

In the first instance, the process for issue of commercial licences is so opaque, that even highly educated people will not be able to follow it, please remdy the same and oblige?

Sincerely,

Veeresh Malik
D-61
Defence Colony
New Delhi 110024

ps: It would be essential, to my information, that all staff working at RTOs are in defined uniforms so that citizens and consumers and visitors know who they are dealing with."

+++

Just as an update, I have been asked by MoRTH what is a system fix, and I have said - the Form 20 at time of registration needs a simple column for "nominee" like in Fixed Deposits, EPFO, etcetc.

Let's see how it proceeds please?
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Old 10th July 2014, 08:13   #30
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Default Transfer of registration after death of vehicle's owner?

That is a good suggestion. And how about a demat account kind of structure for car ownership also.

Also I enquired about legal heir certificate in bangalore on another matter from the Tahshildars office and was informed that they only issue legal heir certificate for government employees. I guess then that succession certificate is the way to go for non government employed persons.

Last edited by Wheeliej : 10th July 2014 at 08:18.
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