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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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Quote:
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, 16:36   #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, 17:05   #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.

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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, 19:02   #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 19:12.
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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?

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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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