[sakthishanmugam]

Hello Bhpians,

I am in the process of buying a used car and doing research to get all documents in place. Luckily the RTO of the current owner is same as that of mine (KA51)! so below are the list of documents needed

1) Form no CMV 29 in duplicate.
2) Form no. CMV 30. (No Hypothecation so No Duplicate)
3) Registration Certificate (Original)
4) Valid insurance (Original)
5) Emission Certificate
6) Address proof in original as per rule 4 of CMV rules.
7) PAN card
8) Three passport size photographs

The list of accepted address proofs are
1.Ration Card
2.Passport
3. LIC Policy
4. Electoral Roll
5. Telephone Bill
6. Electricity Bill
7. Water Bill
8. Caste Certificate (SC/ST, Backward Class and Minorties, etc.) and Income Certificate issued by Tahasildar.
9. Pay slip issued by any office of the Central Government or a State Government or a Local body.
10. Self swearing Affidavit by an applicant before an executive Magistrate or a First Class Judicial Magistrate or a Notary Public as evidence of age and address.
11. Proof of legal presence in India in addition to proof of residence in case of foreigners.

I foresee problem with my address proof. I recently shifted to a new rented house and have only a scanned copy of my Rental agreement. However I was able to change the address in my Aadhaar card using the scanned rental agreement. I presumed Aadhaar card should be accepted in all government offices for address proof but surprised to find it in the RTO list. Is Aadhaar card accepted as address proof? Thanks.

[hserus]

You can get a bsnl landline for your home and get an allotment letter from the bsnl exchange stating that the line has been issued to you at such and such an address.

You will have to go to the exchange for that and there is no set format so the person there will probably just write it by hand and then stamp / sign it. The RTO people were quite OK with that in lieu of bsnl bill. Both electricity / water bill were in the house owner's name and my passport etc were on my permanent residence in Chennai.

[sakthishanmugam]

Hello Bhpians,

I am now in the process of taking delivery of used car. Though I had zeroed in on the car the, paper work steps were not clear in my mind. Upon several hours of internet research, found a comprehensive guide to prepare yourself for the paper work which is very critical in the entire purchase process.

Below is the link:

http://directcars.in/blog/wp-content...ion-Guide1.pdf

Also attaching the file as link may fail in the future. Hope it helps.

[joseph5600]

I am selling my car in Bangalore. The hypothecation is not removed, but I have the NOC from the financier, which I got a couple of weeks back. The address in the RC book is my old address and not yet updated to my current one. I will be handing over the car to the buyer next week. What all do I need to make sure before the transfer? He says that he will do the transfer only after 3 months. Is there a risk in that? Is there an issue if my address is not current while doing the transfer?

[hserus]

If you sell the car and the transfer is not immediately initiated, if your buyer has an accident with the vehicle and kills someone, your name is on the insurance as well as on the vehicle registration so guess who the police will come after for reckless driving, and who the dead guy's family will sue for compensation.

The buyer may be a smalltime broker who wants to resell the car to someone else and will therefore just get blank signed papers from you. Don't do that. If you do - At the very least keep a copy of the buyer's ID proof, receipt, letter asking for insurance transfer and delivery note, along with a copy of the transfer of ownership paperwork.

[joseph5600]

Originally Posted by hserus

If you sell the car and the transfer is not immediately initiated, if your buyer has an accident with the vehicle and kills someone, your name is on the insurance as well as on the vehicle registration so guess who the police will come after for reckless driving, and who the dead guy's family will sue for compensation.

But won't the delivery note and sale agreement come to a rescue at that point?

[hserus]

Originally Posted by joseph5600

But won't the delivery note and sale agreement come to a rescue at that point?

Once a fir is registered or a lawsuit is filed you will have to incur the expense of a lawyer's fees and spend some time in court before the fir or suit is dismissed.

[joseph5600]

Originally Posted by hserus

Once a fir is registered or a lawsuit is filed you will have to incur the expense of a lawyer's fees and spend some time in court before the fir or suit is dismissed.

Thank. Also what is the purpose of Form-30? And is there a way to make sure that the person does a transfer on time?

[hserus]

Form 30 - the purpose is quite accurately described in the form itself http://www.tn.gov.in/sta/form30.pdf

As for ensuring - just ask the guy to whatsapp you the rc with endorsements and also convey to your insurer in writing - separately from the ownership transfer / that the car has passed out of your hands on such and such a date, pending re registration and transfer of insurance to the new owner

[sdp1975]

Originally Posted by joseph5600

What all do I need to make sure before the transfer? He says that he will do the transfer only after 3 months. Is there a risk in that

I would never sell a car unless the transfer was immediate. Why is he deferring the transfer for 3 months ? I would hand over the keys only after completing the paperwork at the RTO. You will have legal complications if there's an accident or if the car is used for illegal activities in that period. There's a risk that he will never transfer the car ; once you hand over the keys you really have no control.

See also http://www.team-bhp.com/forum/owning...car-india.html

[Chetan_Rao]

Please inform all relevant parties, specifically RTO(s) and your insurance provider, by Registered Post Acknowledgment Due. This way you'll at least have evidence later in case the RTO & Insurance try to feign ignorance of the sale. Legal standing of such acknowledgments is questionable, but something's better than nothing.

Better still, talk to your buyer and if you can both agree, cancel your insurance and have him buy insurance in his own name immediately. Keep a copy until the buyer gives you a copy of the new RC.

When I sold my car in 2014, I cancelled my insurance (Bajaj Allianz), and they issued the buyer a new policy on the basis of Forms 29/30. The transfer took its usual processing time, but the car was insured in the buyer's name from the day he took possession. I paid the buyer the difference for the remaining validity (~6 months) of my policy.

[joseph5600]

Originally Posted by Chetan_Rao

When I sold my car in 2014, I cancelled my insurance (Bajaj Allianz), and they issued the buyer a new policy on the basis of Forms 29/30. The transfer took its usual processing time, but the car was insured in the buyer's name from the day he took possession. I paid the buyer the difference for the remaining validity (~6 months) of my policy.

But does this help? As per what I hear from the other comments, the liability still remains with the 1st owner until the ownership is transferred, right? Also, is the insurance valid without the RC book being transferred? Will the buyer agree to that without the transfer of the RC?

[Chetan_Rao]

Originally Posted by joseph5600

But does this help? As per what I hear from the other comments, the liability still remains with the 1st owner until the ownership is transferred, right? Also, is the insurance valid without the RC book being transferred? Will the buyer agree to that without the transfer of the RC?

The only 100% fool-proof method liability-wise is to transfer ownership and insurance before handing over the car, but barring that, one can only do as much as practically possible to demonstrate the change in ownership while the paperwork is still in-progress, and of course hope nothing goes wrong.

I couldn't do anything about RTOs taking their prescribed time to transfer ownership to the buyer even though neither of us delayed anything from our end, but I told the buyer I wasn't comfortable with the insurance continuing to be in my name. Spoke to my insurance provider and they offered the option I mentioned earlier, and I gladly accepted.

I formally informed all relevant parties, made the buyer get insurance in his name and kept a copy of all transfer-related paperwork throughout the transfer process, until he handed over a copy of the new RC.

Don't see what else I could've done, except transferring the car before handover which isn't practical at all.

[hserus]

Originally Posted by sdp1975

I would never sell a car unless the transfer was immediate. Why is he deferring the transfer for 3 months ?

In practice - after *submitting* the paperwork at the RTO and if the RTO clerk verbally okays it.

Completing might mean a longish delay in the case of RC smartcards rather than simply pasting a sticker with an endorsement on the original RC, because a new smartcard has to be printed and that might take a month.

If the guy is initiating the transfer after say 3 months he is most likely a small time dealer who is planning to resell the vehicle. And maybe use it for his personal ride before he sells it.

[sdp1975]

Originally Posted by hserus

In practice - after *submitting* the paperwork at the RTO and if the RTO clerk verbally okays it.

Yes , I believe that if the papers are submitted on a certain date , the ownership transfer becomes effective from that date ( assuming the papers are in order), although getting the new card and all that may take time.

So legally , the previous owner is absolved of responsibilities in case of any untoward incidents.