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Old 7th February 2018, 17:31   #31
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We had sold our Baleno in 2015 which is in my Father's name. We got the buyer CC from Mysore RTO so he can register in Bangalore. So far he has not transferred and still the VAHAAN registry shows the car in my Father's name. The buyer is not picking up the call and has changed his address. How should one go about in such case.

This is what happens when one is book smart and not Street smart.
Another instance of such judgement is when SC banned the sun films.
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Old 7th February 2018, 17:41   #32
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Default Re: Supreme Court: Change records after car sale or pay for mishaps

Why reinvent the wheel?

The penalty always falls on the driver of the vehicle in all other countries. This is typical of our rules, putting the onus of police work on citizens, whether it is paying TDS for rent or renewing trade license for our business premises.We have to do the work of checking tax is paid by property owner.

I have sold, given, bought, been given cars in Europe and States without paper work. The key was handed over with the registration.

Nice movie where a smart hustler hangs around casinos with money to pay to gamblers who are hooked. You can see the money changing hands for the registration slip!



http://www.imdb.com/title/tt0065828/

Obviously based on James Leasor's books, "Never had a Spanner on Her", and others..

Bottomline, it is the job of the police to successfully charge the driver, regardless of the status of the car, which is normally insured as owner only covered.

Last edited by proton : 7th February 2018 at 17:57. Reason: spelling
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Old 7th February 2018, 18:06   #33
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Originally Posted by speedmiester View Post
How should one go about in such case.
I feel you should notify RTO, file a case with police, have them write an FIR and request them to seize the car before it gets into any mishap. I also feel that a legal notice should be served to the buyer. He will understand the seriousness especially due to the new verdict. I think it should be an offense on his part that he is not willing to transfer the RC to his name.

Edit: The base of the police case could be the new verdict, buyer not picking up calls / changed address and your apprehensions about his intentions in not changing the RC name.

By no means I am any legal expert, and these are just my thoughts.

Last edited by Turbopetrol : 7th February 2018 at 18:28.
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Old 7th February 2018, 18:14   #34
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Default Re: Supreme Court: Change records after car sale or pay for mishaps

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I also feel that a legal notice should be served to the buyer. He will understand the seriousness especially due to the new verdict. I think it should be an offense on his part that he is not willing to transfer the RC to his name.
He says that the buyer has changed his address and is not contactable. In that situation, serving a legal notice may not be easy. However, he should atleast file a police diary regarding the non registration to ensure there is an official record at hand.
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Old 7th February 2018, 18:22   #35
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He says that the buyer has changed his address and is not contactable. In that situation, serving a legal notice may not be easy. However, he should atleast file a police diary regarding the non registration to ensure there is an official record at hand.
Yes, I understand that the notice won't be accepted by the buyer due to address change. But it is just a check box item which might be needed for documentation at a later stage.
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Old 7th February 2018, 18:24   #36
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Default Re: Supreme Court: Change records after car sale or pay for mishaps

I guess the only way to circumvent this and protect yourself is to take an indemnity bond from the buyer. Will that not help in such a situation ?
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Old 7th February 2018, 19:34   #37
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Default Re: Supreme Court: Change records after car sale or pay for mishaps

I feel it's pretty simple folks in our own interest.

Whenever I sell my vehicle I tell the prospective buyer that the transfer has to be completed by my agent or no deal. Have been following this procedure every time, whether it's been a bike or car.

When I sold my Honda City in August 2017 the person who bought it objected to my proposal at first, I negotiated and we went halves on the amount paid to my agent.

It's absolutely foolproof as my agent completes the transfer and gives me a copy of the RTO receipt and all papers. It's extra expenditure but that buys complete peace of mind.

Cheers
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Old 7th February 2018, 19:42   #38
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Default Re: Supreme Court: Change records after car sale or pay for mishaps

Ideally that is how it should be done for the benefit of both parties and there shall be no disputes in the future.

What if the buyer is in a different district/city within the same state?
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Old 7th February 2018, 20:29   #39
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Default Re: Supreme Court: Change records after car sale or pay for mishaps

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This is an incredibly stupid judgement. How can any seller ensure with 100% guarantee that the buyer will take care of the transfer? What if he's from another city? Am I going to follow him there? What if it's a car dealer?

As long as a car owner has sufficient proof that he has sold the car (delivery note, receipt etc.), that should suffice. I even took a video of the time that I sold my Civic on the building's CCTV camera .
GTO the sentiment is mutual but the words that you have used amount to contempt of court, and that too the highest court in the country.

I would opine that as long as the owner has a proper sale agreement and has informed the RTO regarding the sale under the specified process, the owner should be absolved of any liability, because it's difficult (not impossible) for an owner to enforce that the transfer has actually been effected by the buyer at his RTO.
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Old 7th February 2018, 20:41   #40
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Default Re: Supreme Court: Change records after car sale or pay for mishaps

I had sold a bike recently - the buyer recently whatsapped pictures of the new RC book endorsed with his adress and ownership. It appears to have been done at his native place RTO - pretty far from here
But checking on vahan seems to tell that the bike is still in my name. The buyer appears to have done his job, but I have no way of ascertaining it, short of going there and paying a broker - calling them up has been pointless
How can the judiciary make the citizens accountable for something that is the RTO's job?
I have done my job, the buyer has done his job, now why am i being exposed to a risk due to something that is the RTO's fault?
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Old 8th February 2018, 10:20   #41
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Default Re: Supreme Court: Change records after car sale or pay for mishaps

Hi,

I had exchanged by car at Maruti True Value in 2016 for a new Maruti Vehicle. The ownership is still not transferred as per RTO records. The employees who were there have left and the new ones always have a standard reply - "We will check and get back".

As per the last update that I had got, Maruti True Value had probably sold it to another dealer.

No one is able to help and I am not sure about whom to contact. Any suggestions are most welcome!

Thanks.
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Old 8th February 2018, 10:41   #42
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Default Re: Supreme Court: Change records after car sale or pay for mishaps

Since changing the laws, the SC judgement, the RTOs and buyers' behaviour seem difficult, maybe someone can launch an escrow service for the car and the money till the time all paperwork is complete.

The organised used car chains could have an opportunity here.
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Old 8th February 2018, 11:36   #43
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Default Re: Supreme Court: Change records after car sale or pay for mishaps

This is scary indeed for those who have sold a vehicle in past. I sold a bike 3 years back to a dealer but never got a confirmation of if and when ownership was transferred. Will have to dig into it now.

There are simply too many gaps in the logic for this ruling. What if i am selling to a dealer or going for exchange? This rule would have been good and welcome if only one-to-one car sales (no middlemen) were allowed. Maybe i am missing something.

Cheers.
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Old 8th February 2018, 12:58   #44
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Default Re: Supreme Court: Change records after car sale or pay for mishaps

With the present Manu age Sastra(laws) of our country only way out is to do like Cyborg. I too insist on RTO receipt for transfer of vehicle before physically handing over the vehicle and go the extra distance of making sure the insurance also get transferred. Few online agents issue a cover note on the new buyer with sale deed as the base, but this is only valid if the RC is updated with them later. I usually do the third party only insurance before selling so that the there is no prorata calculation irritations for transfer and inform the buyer to buy a comprehnsive insurance. Pick a buyer is more pliable to these demands and give away few thousands in the demanded price, in trade for peace of mind.

Probable these things would become sorted out in the future. I remember the days when it used to take months for ownership transfer and almost impossible to do that without an agent. But nowadays atleast in some RTOs of Bangalore its a breeze and takes only 2-3 weeks if documents are correct and 15minutes work with the insurance companies.
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Old 8th February 2018, 13:11   #45
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Default Re: Supreme Court: Change records after car sale or pay for mishaps

When I sold my previous car I ensured that the new owner apply for the ownership changes at RTO and post getting copy of official acknowledgement stamp from RTO in the forms then only the keys were handed over to the new owner.
I also feel as an existing owner the onus is more on my myself to transfer re-sale car ownership that the the new owner. This will safe guard you.
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