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Old 28th May 2009, 16:43   #1
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Default New Owner not ready to do the transfer of my Bike

Hey Guys,

I need a help on the situation I am in.

When I bought my car from a second hand dealer, I gave my Bike (Pulsar 200) to him in exchange.

When I went to him yesterday demanding for the transfer papers, the dealer spoke to the new owner and that guy simply refused to transfer the bike to him.

This is scary, as if my bike is used in some illegal activities, I might get into trouble. the dealer has now advised me to file a police complaint against the new owner.

Any suggestion from you guys on what I can do in this situation?

~ Ashish.
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Old 28th May 2009, 18:10   #2
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file a stolen complaint and give the tip to police about the new owner.

you may get your bike back



This is the first case i have seen where somebody does NOT want to keep something in his name.
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Old 28th May 2009, 18:17   #3
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I have came across many such examples - the new owners just don't want to add their names in the RC book so that the resale value is not affected much.
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Old 28th May 2009, 18:19   #4
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+1 to Vivek's suggestion.

It is strange for someone to buy a bike, but not transfer it on his/her name.
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Old 28th May 2009, 18:20   #5
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this is very common in bombay. normally people want to use stuff for a while and sell it off again making it still the first owner itself. most cases in bombay have high end cars and bikes involved. nothing new. file a complaint. simple.
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Old 28th May 2009, 18:28   #6
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tell him if he doesn't register it, you will file a police complaint. he should oblige soon enough. if not, go ahead and actually file the complaint!
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Old 28th May 2009, 18:37   #7
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Suggest you file a complaint immediately. This is a clear case of somebody wanting to mis-use the vehicle or use and re-sell to someone else.

Whatever, it is better that you take some action on this.
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Old 28th May 2009, 18:39   #8
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This is why you need to fill in the date in the TO form, this way they have to transfer within a stipulated period, always make it a point to fill in the TO form with the complete address of the buyer and seller. Its prudent you talk to the person and hint that you will file a complaint if he does not transfer. If you have got a signed delivery note you are safe and need to worry.
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Old 28th May 2009, 19:49   #9
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Quote:
Originally Posted by beejay View Post
This is why you need to fill in the date in the TO form, this way they have to transfer within a stipulated period, always make it a point to fill in the TO form with the complete address of the buyer and seller. Its prudent you talk to the person and hint that you will file a complaint if he does not transfer. If you have got a signed delivery note you are safe and need to worry.
I hope you or the dealer through whom the sale was effected have taken the signature of the new owner on some papers. Copies of these papers will be important, should you decide to lodge a FIR. There should be evidence of effecting the sale to the new owner. Even if he has paid the dealer by cheque the cheque deposit counterfoil may help.
All sellers to be safe, need to take such a receipt from buyers to absolve the seller/ vendor from any responsibility or liability whatsoever after the sale is effected.


TO WHOMSOEVER IT MAY CONCERN

Certified that we namely Shri/ , s/o resident of

(seller) and Shri______________________
_____________________________________________son of Sh________________________________________________ ___________resident of________________________________________________ __________(buyer) have entered into an agreement to sell the automobile (make,class and model year)bearing registration no. , engine no.and chassis no. in a mechanically fit, sound and satisfactory running condition to the buyer. The automobile has been checked by a competent mechanic and the buyer Shri________________________who is fully satisfied. No complaints of any kind as far as the automobile (make) _______________bearing registration no. __________________ is concerned will be entertained hereinafter by the seller.
The sale is being effected from this ______day of __________ during the year_______ at _________A.M./P.M after which every action with the automobile (make)________________registration no. _______________________will solely be the liability and responsibility of the buyer Shri_______________ who is also the new owner, hereinafter the quoted date and time from when the sale is effected. The seller Shri _____________________bears no liability and responsibility hereinafter since the sale is fully effected.
The buyer Shri___________________________________undertakes to effect the transfer of ownership viz. insurance, registration and taxation certificates in his own name within a reasonable time period of time, in any case not later than two weeks from the date of the sale.
The sale is being effected for a consideration of a sum of Rupees_________ which the buyer has paid the seller by Cash/Cheque/ Demand Draft/Bankers cheque.


signed with name and address signed with name and address


(BUYER) (SELLER)

Dated
Witnesses
(1) Signature Name and Address_________________________
(2) Signature Name and Address_________________________
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Old 28th May 2009, 21:31   #10
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File a police complain ASAP. Hope you have the relevant documents.

Mumbai + un-transferred vehicle = BIG TROUBLE!
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Old 28th May 2009, 21:45   #11
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according to the local RTO here, till you transfer name or obtain a CC (clearence certificate), the vehicle legally still remains your liability in case of any event/accident.I personally never give "blank" signed 29/30 forms when i sell any of my cars, instead take an advance and get a CC on the new owners name. A cc can be cancelled if he dosent buy the car eventually , though forefeiting his advance. Aparently a "delivery note" as such has not much legal standing or use. I learnt this from a person who had sold a car without transferring it and had some legal hassels after due to some accidents (could be worse if the vehicle in question is used for some terrorist activity or such) We read of "registered owners" in the newspapers who have innocently sold their vehicles and land up in soup after some incident including vast media publicity.
Most recently being the famous early morning 100 ft run over incident where the cars original registered owners name was mentioned by the papers.
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Old 28th May 2009, 22:03   #12
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Had a problem once when even after selling the bike, the new owner hadn't transferred it into his name and I received a Traffic Challan. Thankfully had the photocopy of 29/30. Went to police station and lodged complaint. Never received anymore challans regarding that bike.
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Old 28th May 2009, 22:23   #13
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The proforma posted by me here for all of us who may sell his or her automobiles- Its very essential as there are cases when the new buyer does not transfer the vehicle in his or her name and in such cases all the liabilities rest with the old owner who was the seller.Thefts , criminal acts including involvement in traffic offences, accidents or acts of terrorism and everything else like evasion of taxes and insurance will all be the responsibility and the liability of the owner in whose name the vehicle is registered at the time of commitment of such acts.
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Old 28th May 2009, 22:35   #14
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This system of not transfering the vehicle to new owner is so typical that im fed uo with the system.
But now i guess there are stricter rules and they seize the vehicle which has incorrect name of the driver / rider on the vehicle.
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Old 28th May 2009, 23:04   #15
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This is quite common because people want to re-sell that vehicle and still not have depreciation of 2nd/3rd owner change.

Just let him know that if the vehicle is lost or total damage, he can not claim insurance and only you as legal owner gets it.
Till that time, its safe to give a written complaint to RTO and local police station so that you are safe. Dont know if it is legally possible and they accept it.
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