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Old 26th February 2011, 20:14   #1
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Unhappy Transfer of registration after death of vehicle's owner?

Guys, require your help in going about this situation. Here is the scenario.
A relative of mine passed away and now there is a need to transfer the car to his wife's name. The car is registered at Andheri RTO,Mumbai and was on loan which the bank has wavied off upon his death (He was working in that bank so).

And the family is going to shift back to native place in kerala. So the registration too needs to be changed to Kerala.

This is how i intend to go about.
1. Transfer the ownership of car at Andheri. Checked the Maharashtra site. Lists the docs required for transfer.
2. Get an NOC from andheri RTO for registering in kerala.
3. With Andheri NOC, apply for registration in kerala.

Thinking of Agent angle too. Upon searching the forum, got 2 threads with agents details, Agent 1 (RTO Agent - Expert (Mumbai)), Agent 2 (RTO Agent - Akku (Mumbai)).

Want to be informed about the procedures, dont want to be a complete dumb in front of the agent.

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Old 26th February 2011, 22:55   #2
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Default Re: Please Advice - Transfer of ownership on death of owner of the vehicle - Mumbai

Guess you should get changed it first to his wife's name and drive it to Kerala and then reregister at Kerala.
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Old 26th February 2011, 23:34   #3
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Default Re: Please Advice - Transfer of ownership on death of owner of the vehicle - Mumbai

Step 1 - get the lien cancelled.
Step 2 - transfer the car to the wife's name.
Step 3 - Transfer the registration to KL.

There are multiple threads on 1 and 3 here.

For step 2, you may need a succession certificate, which will be issued from a District Court. (This required irrespective of religion). This process may take up to 1 year. Best way since you probably need this to be done in a time bound manner, is to contact an RTO agent and look into the documents they will practically require.
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Old 27th February 2011, 00:45   #4
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Default Re: Please Advice - Transfer of ownership on death of owner of the vehicle - Mumbai

This is not very simple. All depends upon procedures. How clever of me

First, you must get the lien cancelled. The lending agency which is entered in the RC book has to give a letter, and you can get this cancelled at the RTO.
Then transfer the car to the wife's name. Here the complications can start, but need not. Is there a will? Has it been probated? Is the car mentioned in the will? See, not so simple. Anyhow, whatever the status, car has to be transferred in wife's name. DC may not be enough.
Then you have to get an NOC issued to the RTO in Kerala under which the place of residence falls. Issuance of NOC from here is not difficult.
But when registering the car in Kerala, the lady must have address proof. If she was staying all the while in Mumbai, suggest you take care of the address proof also.
Now, after the car has been transferred, it is possible to get some tax refund in Maharashtra on the lifetime tax paid. I had managed to get a tax refund for a friend who had purchased a company registered Nissan and put the car on individual name. Similarly, a friend took a Merc to Delhi and got some refund.
Oh Boy, you have a little work to do.

Cheers harit

Last edited by harit : 27th February 2011 at 00:47.
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Old 27th February 2011, 05:15   #5
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Default Re: Please Advice - Transfer of ownership on death of owner of the vehicle - Mumbai

Hi
First, my condolences.
Next:
Please ensure there is a Will document - in favour of the immediate next of kin. There is also a rule as per law that if a person passes away intestate (without a will), all the worldly goods pass on to the immediate next of kin unless otherwise specified by any document that can be proven - in this case, I am assuming the next of kin would be the wife.
I am not sure whether in India there is a statutory probate period during which any claims can be put forth, in the case of someone passing away intestate. Please check on this aspect with a lawyer.
Then, there has to be a proper "death" certificate from the doctor as well as the local municipal authority which registers the fact that the person whose property is being disposed of or undergoing ownership change, is actually no longer with us.
When going to the RTO for the actual transfer, make sure you go with all the other documents especially in terms of the proof that the EMI's have been paid up and there is no further outstanding on the vehicle, the requisite NOC etc from the bank.
I think the normal procedure is that you register the fact that the vehicle is being taken out of state with the RTO, obtain the NOC from the MH RTO and take that to Kerala and apply for re-registration in Kerala.
It is quite a convoluted process and I wish you all success in accomplishing the same.

Of course the other option is to dump the vehicle in MH itself and move to kerala and buy another one.


Quote:
Originally Posted by ajay387 View Post
A relative of mine passed away and now there is a need to transfer the car to his wife's name. The car is registered at Andheri RTO,Mumbai and was on loan which the bank has wavied off upon his death (He was working in that bank so).

Last edited by Technocrat : 22nd December 2011 at 22:39. Reason: fixed quotes
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Old 27th February 2011, 11:34   #6
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Default Re: Please Advice - Transfer of ownership on death of owner of the vehicle - Mumbai

Thank you guys for the reply. Well the procedure is really . Will have to go through agent.

So it goes like this.
1. Get the lien cancelled, by getting a letter from the lending agency( the bank in which he was working gave him the loan) and get this cancelled at the RTO.
2. No complications regarding legal heir as is survived by only his wife and minor daughter. To Transfer the car to the wife's name, Need the following docs
  • Form31 (From Agent)
  • Form 30 (From Agent)
  • Death certificate in relation to the registered owner ( Have)
  • Succession certificate (Have to get it from court)
  • Affidavit from the successor (?????)
  • Address proof (Have)
  • NOC from the Bank (Can get it)
  • All valid documents of vehicle (Have)
Getting the succession certificate will take time, heard it takes atlest 6 months to get it. And this can be a spolier as they are shifting back to kerala this April and plan to take the car with them as the bank is paying for the shifting the goods and vehicle.

Is it necessary for the car to be taken to Andheri RTO during change of ownership and getting NOC. If not then, they can take the car along and the paper works can be done without any hurry.

Quote:
Originally Posted by BaCkSeAtDrIVeR View Post
..............
...............................
Best way since you probably need this to be done in a time bound manner, is to contact an RTO agent and look into the documents they will practically require.
..............................
....................................


Quote:
Originally Posted by harit View Post
....................
......................
But when registering the car in Kerala, the lady must have address proof. If she was staying all the while in Mumbai, suggest you take care of the address proof also.
.................
................
She had address proof in kerala so probs with that.

Quote:
Originally Posted by shankar.balan View Post
Hi
First, my condolences.
Next:
.................
.............
Of course the other option is to dump the vehicle in MH itself and move to kerala and buy another one.
Can't dump it, as it holds a special place in their heart.

Last edited by Technocrat : 22nd December 2011 at 22:38. Reason: Only 2 smilies allowed per post, please read the board rules carefully, thanks
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Old 1st August 2011, 14:57   #7
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Default Re: Transfer of registration after death of vehicle's owner?

I am re-opening this old thread because I have a very unique situation with respect to the transfer of ownership of my aunt's old M800.

My Aunt (God bless her soul) passed away in 2007. Before she passed away, she had verbally indicated to her brother & sister that she would like her friend to have her Maruti 800 car. She died intestate, and was single - never married.

Due to a property dispute case which involved my aunt, her siblings did nothing about disposing off the car. The property case is now settled. So my aunt's brother and sister want to give the car to my aunt's friend, as per her wishes.

Which is where I come in. They have entrusted me with the responsibility of figuring out the whole transfer of ownership thingy.

Does anyone have any advice as to how to proceed in this case? Whats the process? Please help!
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Old 1st August 2011, 15:27   #8
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Default Re: Transfer of registration after death of vehicle's owner?

Obtaining the legal heir certificate is a must. If he has any other assets, then this is a must for them too.
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Old 1st August 2011, 20:18   #9
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Default Re: Transfer of registration after death of vehicle's owner?

Quote:
Originally Posted by KiloAlpha View Post
I am re-opening this old thread because I have a very unique situation with respect to the transfer of ownership of my aunt's old M800.

My Aunt (God bless her soul) passed away in 2007. Before she passed away, she had verbally indicated to her brother & sister that she would like her friend to have her Maruti 800 car. She died intestate, and was single - never married.

Due to a property dispute case which involved my aunt, her siblings did nothing about disposing off the car. The property case is now settled. So my aunt's brother and sister want to give the car to my aunt's friend, as per her wishes.

Which is where I come in. They have entrusted me with the responsibility of figuring out the whole transfer of ownership thingy.

Does anyone have any advice as to how to proceed in this case? Whats the process? Please help!
Hi KiloAlpha,

You can check this link

http://www.tn.gov.in/sta/Mvact1988.pdf

Section 50 deals with transfer of ownership. I think it would be easy to get a legal heir certificate since it can be obtained from Tahsildar office, instead of a succession certificate which is issued by the courts.

After which the rest of the paperwork will be dependent on how much grease we are willing to apply, even though the actual penalty from the government is not so much in today's money (Rs.100/-).

Let us know, how it goes.
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Old 21st December 2011, 18:36   #10
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Default Re: Transfer of registration after death of vehicle's owner?

Sometime back I was in the unfortunate situation of transferring the ownership of my Brother-in-Law' (wife's bro)s bike and car to his Father's name (My Father-in-law). Finally, today I was able to complete the transfer the ownership of the car to his Father's name without approaching any middlemen. Had to make repeated visits to RTO, took some more time but worth it.

We had completed the same for the bike last year and since the car was under hypothecation took a while. The guys at RTO are plain insensitive and the things that moves them is money. Well, that's another story.

Documents in this case include the following. Be prepared as this might reduce the number of trips to the RTO:

1. Death Certificate (Original, ensure its the one given at registrar office. Even the copies of attested one by notary will not do)
2. Vamshavruksha certificate, as they call it in Karnataka or Legal Heir Certificate issued by Tahasildar might do, but the RTO superintendent/ARTO insisted on Vamshavruksha.
3. Affidavits by the siblings/parents that they have no objection of it being transferred to the concerned party. NOTE: RTO insist that the transfer of ownership is blood-relatives only. Father > Mother > siblings in that order of preference based on existence.
4. Vehicle Registration Certificate
5. Insurance paid receipt
6. Emission Certificate
7. Address Proof
8. ID proof
9. Photo of transferee
10. Copy of PAN card (yeah!)

Generally the superintendent can approve ownership change papers, but in the case of death they tell you to get an approval from the Assistant Regional Transport Officer. It can get complicated here. One of the ARTO was OK with all the documents we had supplied during the bike's change of ownership, while the other one kept on asking some other things this time for the car(may be because, we went without the middlemen).

There are some good people at the RTO too, like one of the superintendent at Yeshwantpur RTO who was patient enough to listen to our queries and respond appropriately while the experience differed to his colleagues who sat couple of seats besides.

You can get things done at RTO without having to shell out for the middlemen. Go with all the documents, originals and be ready to spend time at RTO, like it took us this time. We had to wait from morning till late afternoon for the ARTO to turn up at his desk and just sign the papers.

Thought this summary would be useful to folks in the situation I had to go through.
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Old 22nd December 2011, 08:12   #11
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Question Re: Transfer of registration after death of vehicle's owner?

Stumbled on this very informative thread.

Wondering whether the marriage certificate would have not been the sufficient proof for successor determination. Would a Will be an alternate for the succession certificate, I am in the process of preparing one and need to know whether I should be including the car also in my will.
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Old 22nd December 2011, 11:05   #12
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Default Re: Transfer of registration after death of vehicle's owner?

Quote:
Originally Posted by ghodlur View Post
Stumbled on this very informative thread.

Wondering whether the marriage certificate would have not been the sufficient proof for successor determination. Would a Will be an alternate for the succession certificate, I am in the process of preparing one and need to know whether I should be including the car also in my will.
Read above reply:
3. Affidavits by the siblings/parents that they have no objection of it being transferred to the concerned party.Father > Mother > siblings in that order of preference based on existence.

This is absolutely important for succession. Being married doesn't entitle one to have the sole right over the deceased spouse's property. Others are equally entitled too, especially siblings and parents. Unless they specifically revoke their right by affidavit, the succession is not valid. This is the base of MANY court cases today!
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Old 22nd December 2011, 21:26   #13
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Default Re: Transfer of registration after death of vehicle's owner?

Very Informative thread, even i am in process of getting my car transferred to my mother's name from my dad's name, who passed away couple of months back. But its still in phase of getting transferred from Delhi RTO to Nagpur RTO.
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Old 23rd December 2011, 22:02   #14
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Default Re: Transfer of registration after death of vehicle's owner?

Quote:
Originally Posted by ghodlur View Post
Wondering whether the marriage certificate would have not been the sufficient proof for successor determination.
No. There would be kids; parents, etc.


Quote:
Would a Will be an alternate for the succession certificate,
A succession / heirship certificate simply shows the names of who are the legal heirs of a deceased person. Whether they actually succeed to the property/ies depends on existemce of a will. And a will may be required to be probated - it is usually the discreetion of the person acting / depending upon the will - the authority in this case.

Quote:
I am in the process of preparing one and need to know whether I should be including the car also in my will.
Where there is a Will .... there a thousand relatives fighting over it.

The answer depends on how you phrase it. You better not mention the car by registration number. If you change the car, one of those thousand relatives will get yet another stick to hammer away the will. (no - it will nto succeed; but it is just a stick). THe better way would be give "all my vehicles, cars and motor cycles ....".(Instead of "My car, XY-13-420 shall vest in my friend .... ")
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Old 24th December 2011, 20:56   #15
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Default Re: Transfer of registration after death of vehicle's owner?

To transfer a vehicle after the death of the vehicle - spouse gets it. A copy of death certificate and the legal heir/family member certificate is to be accompanied.

It is better to get the transfer of vehicle in the spouse's name at the local RTA and then transfer it to the outside. For that, normal procedure of obtaining an NOC from parent RTA is necessary.
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