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Old 26th March 2011, 18:57   #1
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Smile Buying a car from a non-existent owner

Hello, this is my first thread in T-BHP. Sorry for not introducing myself first but have an important issue that needs to be sorted out.

I recently happened to come across a beautiful mint condition Suzuki SS80 DX at a friends wedding in Kottayam. It was neatly covered and had been parked in an old shack for around 8 years. I instantly fell in love with it and convinced the owner to sell it to me which he obliged after some pleading.

The car: The tyres were out and the paint had a bit of mold on it, some rust here and there. But after some cleaning, all fluids and battery replaced the car engine came to life on the fourth crank. This is the japan model and has all original parts. Now comes the problem (maybe for me only).

Problem: The car is registered in the owner's house name or nick name an not the "legal" name. To add to that it was registered in Ernakulam Dist. She doesn't have any proof that she is indeed the owner and even their current address is different (Why isn't there a photo based registration system). Now coming to my point,

1. How do I transfer the title of the car from a nonexistent owner to my name and address?

2.
Which RTO should I approach to get the job done? (I'm in Trivandrum Dist.)

I don't have any clues on buying used car's and don't want to go the easy-bribey way. So haven't approached any agents.

Now I expect a really good solution from the experts here and don't want to let go of the car.

Thanks in advance.

Last edited by knob : 30th March 2011 at 14:56.
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Old 3rd April 2011, 20:10   #2
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Default Re: Buying a car from a non-existent owner

@knob, are you already driving the car?

My first reaction would be to walk away from such cases. However drool-worthy the car might be, dubious registration might have implications in future which may not be worth it. Specially during these times.

However if you are really really interested and triply sure that the car may not have bad history, the best and probably the quickest way to re-register is to approach an agent.

Hope this helps!
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Old 3rd April 2011, 21:36   #3
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Default Re: Buying a car from a non-existent owner

May be stolen piece purchased unwittingly by current owner. Makes me suspicious. If you are involved in an accident and the cops impound it, then say goodbye to your money.

--Ragul
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Old 3rd April 2011, 21:43   #4
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Default Re: Buying a car from a non-existent owner

Thanks, but the car was with the family for some 11 years and the owner is a family friend of my friend. So I don't think its stolen or anything. The car is with the owner and have not taken it since this issue. But paid all of 30k for it.
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Old 3rd April 2011, 21:48   #5
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Default Re: Buying a car from a non-existent owner

Up till second half of the 80's there was no need of any address proof for registering vehicles. Which was why stolen vehicles could be freely transferred. Even interstate transfers were freely possible. In the early 80s vehicles from other states could be re-registered and new regn obtained with a Rs 2 court fee stamp. The rules became stricter later on. The SS80 would be very much genuine. You could transfer the ownership of this car to your name if you could produce your identity and address proof without any hitch provided the registration is valid ie., the every 5 year re-regn after 15 years is done and valid for the present. Or else the re-registration can be done now with payment of fine. Nickname or petname makes any difference in this case.

The authenticity of the vehicle ownership can be ascertained at the web site of the Motor vehicles department in the link .: Kerala Motor Vehicles Department :. REGISTRATION DETAILS under vehicle details.

Since you know the owner and if she can be believed (Being your friend or relative) the owner is an existent one there won't be any problem. BTB is she the first owner?

Further the ownership change would be done at the RT Office under whose jurisdiction you reside.

So you can buy the car in my opinion.

Last edited by rajeev k : 3rd April 2011 at 21:56. Reason: addition and correction
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Old 4th April 2011, 10:10   #6
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Default Re: Buying a car from a non-existent owner

This lady is the second owner and she put her nickname "dhanya" instead of the real name "laxmi". The surnames are same though.

Thanks rajeev. There is no proof of identity or photo of seller asked in TO form. So shall I go to the TVM rto and submit the TO form with her signature and the RC book+Tax+Insurance?
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Old 4th April 2011, 11:40   #7
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Default Re: Buying a car from a non-existent owner

There would not be any major issue.

You need to get car transferred to your name. And since in this case owner is cooperating, an affidavit from her would do the job. That is in the case it is asked for.

An agent should be able to get this done for 2k at the max.
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Old 4th April 2011, 12:18   #8
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Default Re: Buying a car from a non-existent owner

Quote:
Originally Posted by knob View Post
This lady is the second owner and she put her nickname "dhanya" instead of the real name "laxmi". The surnames are same though.

Thanks rajeev. There is no proof of identity or photo of seller asked in TO form. So shall I go to the TVM rto and submit the TO form with her signature and the RC book+Tax+Insurance?
I think that's the best course of action. Do not submit more than what's necessary. If they ask for proof or corroboration, then you can check the affidavit route. But keep the owner in the loop.

Also avoid driving the car till it's transferred in your name, along with the insurance policy endorsement. Any accidents, paper checking etc could be not easy till everything is in your name.

If you approach an RTO agent you may be spared some hassle, but otherwise the procedure is for you to submit the transfer forms at the RTO office where you wish to get it registered (Trivendrum in your case), and the office will then complete the NOC and other formalities with the RTO office of the original registration (Ernakulam in this case). It's supposed to be an internal matter, but sometimes if you want to speed things up, you can try and get the NOC of the original RTO office (Ernakulam) yourself (or through agent) and then send it to your local RTO office (Trivendrum).

After the RTO job is done, get the insurance transferred in your name too. If the vehicle is not insured, get at least a third party insurance. My hunch is there's no valid insurance on this baby, if it was lying unused and neglected. So get an insurance asap. It's a crime to drive a motor vehicle on public roads without a valid third party insurance.

For the battery discharge, it's likely one of the electrical accessories are shorted/leaking current. The wires may have eroded. Please get the electrical system thoroughly checked at a local competent auto electrician. Also if in doubt, go for a replacement of the wiring harness.

There are many threads/posts on this forum on how to buy a used car and how to maintain one. You will find lots of info on them.

.
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Old 4th April 2011, 16:35   #9
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Thanks, you guys have given me a huge relief.

I don't think NOC is needed as the transfer is within the same state.
So if registrations goes well, I guess the insurance will be a piece of cake . I hope they wont ask for the owners whereabouts.
Let me try it the straightforward way and see how this goes. If too much objections come up I'll have to resort to agents (unwillingly).
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Old 4th April 2011, 20:32   #10
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Default Re: Buying a car from a non-existent owner

If the original and new RTOs are different, you will have to obtain NOC from the original RTO, whether it's within the same state or not. As long as your documents are complete, I don't think the insurance company would care about the previous owner once the RTO has transferred the vehicle in your name. However, if the vehicle does not carry any insurance as of now, the insurance company may want to inspect the vehicle. I am not sure about that. Also if the vehicle is more than 15 years old, you may have to get a new fitness certificate for the same.

My advice is approach a good agent and explain the situation to him. Even though you will have to pay him his fees, the whole process can become much smoother.
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Old 6th April 2011, 08:42   #11
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Default Re: Buying a car from a non-existent owner

I would advice that you get the registration done first and then pay her the amount. or atleast keep a substantial amount with yourself.
I remember a case of a known, he bought a car from someone which was registered in company name and he claimed that he is owner of company. My friend paid him all the money and got papers signed for registration. when he went RTO he was informed next day that the signature did not match.
He went again to the same man and the house was locked, he was informed that person was living on rent and he left same day.
Then he tried the company address and came to know that the company closed two years back.

Now he has a car which cannot be transfered to his name. he has registered a FIR for cheating but the person is absconding and so now he is struck with something which he could have avoided not being greedy for a car which was quoted lower then market value and fall into trap.
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Old 6th April 2011, 10:42   #12
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Default Re: Buying a car from a non-existent owner

Quote:
Originally Posted by drsnt View Post
I would advice that you get the registration done first and then pay her the amount. or atleast keep a substantial amount with yourself...............was informed next day that the signature did not match.
I have already paid the full amount (30K) and the car is not yet taken from them. I checked the owners signature and it matches with the signature on the RC book. That is why I decided to buy it in the first place.
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