[zaks]

Originally Posted by tabrez02

Just relax and sit back, as you have the delivery note with you, need not have to worry about a thing, any issues/accident for that car from the day/time of the delivery will be borne by the purchaser. Even incase anybody comes to you about any problem. Just show them the delivery note.

In my opinion don't sit back because a delivery note is a not a legal document to indicate a completed and closed sale. The ownership has to be transferred to complete the process since legally you still are the owner. If anything untoward happens with your vehicle then you will be see the complications.
Ask the buyer to get it done immediately or take back the keys until he does so.

[ramkya1]

Originally Posted by tabrez02

Just relax and sit back, as you have the delivery note with you, need not have to worry about a thing, any issues/accident for that car from the day/time of the delivery will be borne by the purchaser. Even incase anybody comes to you about any problem. Just show them the delivery note.

I'd agree, just relax. An accident / theft etc., are one-off events, the delivery note is sufficient proof.

I've sold many of my cars in the past (Ambys, Fiats, maruti 800, Santro, Fusion) to brokers ONLY, with just the delivery note.

I also take a declaration letter on plain paper with signature on revenue stamp stating that from that date onwards all liabilities whatsoever arising out of that vehicle (its a long legally worded sentence) will be on the broker. The letter will have his name, driving licence No. address etc., signature on revenue stamp and a witness he brings along with name, signature, address and numer. Once the broker did not have a driving licence, so I took the witness's driving licence no. on the declaration. I still have the declarations of Santro and Fusion, just to be on the safe side.

My lawyer says that's enough to protect me in court and to prove that he has taken liabilitie of the vehicle from the date of sale.

--Ramky
=======

[cypher]

RAC, you also need to inform your insurance company that you've sold the car. Send them a letter stating the new owner's name and address and a copy of the delivery note.

[aka_iitd]

I also take signatures on a stamp paper apart from delivery note. Also mentions the checque number used during transition

[RAC]

Thanks for all the advice. I plan to take these steps at the earliest.
I seriously suggest that one of the senior members who can create posts under 'Advice' section pick this topic up so that it helps t-bhp members in the future.

Anyway an update - I have been informed that there is a Supreme Court ruling that it is the legal responsibility of the original owner to ensure that the transfer of ownership is done. The letter to RTO and the Delivery note do not have much of a standing by themselves.

So it's back to pushing the buyer.

I will try to get more information on this.

[trrk]

Hi,

Related to the topic of discussion.

Malayala Manorama 25/09/2008 Page 9, 8th column, third item from top - translation.

New Delhi: There should not be denial of accident insurance even if the buyer has not transferred the vehicle to his name after buying it, as per a ruling of the Delhi Consumer Court commision. The Commission ruled that the insurance is
transferred as soon as the seller hands over the sale letter.

I don't know how this will relate to the Supreme Court ruling quoted in the previous message.

[hydrashok]

Originally Posted by RAC

...I have been informed that there is a Supreme Court ruling that it is the legal responsibility of the original owner to ensure that the transfer of ownership is done. The letter to RTO and the Delivery note do not have much of a standing by themselves.

I was just going to ask this question.

Do you have copies of the filled-up sale forms? (3 forms, if I remember right). If you do (you should), just send them to the RTO/take them to the RTO and get it registered.

If you don't have copies, offer to get the registration done (to the buyer), collect the forms and send them to the RTO (by registered ack. due post).

Somewhat OT: I have a pretty comprehensive list of stuff (documents/letters) that I collect from the buyer of my vehicles, I will post up the list and the format as soon as possible.

[hydrashok]

Here are the documents I collect (in duplicate) from the buyers of my vehicles.

I have converted the actual docs I collected for the sale of my Palio into JPEG, with the owner & buyer information rubbed out (rather amateurishly, I may add, so please forgive the "ragged" look).

1) List of Documents handed over to the buyer during the vehicle sale. The buyer is to put his signature below the list, with his name and address.


2) A receipt that the seller gives to the buyer, for having received the money (or cheque/DD) from the buyer. I keep a copy of this receipt for my records. The buyer is to put his signature in the bottom, with his name and address.


3) A receipt for the vehicle. Basically the delivery note, where the buyer acknowledges that he has taken possession of the vehicle. The buyer is to put his signature in the bottom, with his name and address.


4) An undertaking from the buyer that he will register the vehicle in his name within a week. And of course that he takes full and complete responsibility for whatever happens to/with the vehicle. The buyer is to put his signature in the bottom, with his name and address.


5) A letter from the seller to the insurance company, asking for the insurance to be transferred to the buyer. I give a copy to the buyer, and send a copy myself to the insurance company by Registered Post Ack. Due.


6) Letter to the RTO, sent by the seller, informing the RTO of the sale, enclosing copies of all these documents (except the money-receipt), copies of the transfer forms (Form 28 & 30, with signature of the buyer & seller), and a copy of the buyer's licence/voter's ID. Send this bunch to the RTO by Registered Post Ack Due, and file the acknowledgement card when you get it back.


7) Get a photocopy of the buyer's voter's ID and/or Driver's Licence. The buyer is to put his signature in the bottom of the photocopy, with his name and address written in his handwriting.

8) Get photocopies of Form 28 & Form 30 (sale transfer forms), get the buyer to put his signature on the required places, and put your (seller's) signature in the required places. Keep a photocopy of this, and send the set with the original signatures to the RTO with item no. 6 above.

9) Make sure that you keep at least 2 photocopies of the vehicle's RC book, Tax-paid certificate, Last insurance certificate & last PUC certificate.

Yes, I am paranoid. And yes, I get laughed at by the buyer every time I sell a vehicle. But I sleep peacefully in the knowledge that I have done my best to see that my interests are protected once the vehicle is sold.

[Max]

hydrashok, thanks for the wonderful post, it will definitely help. I will follow your procedure in next sale.

[throttleking]

RAC,

In all this mess, I hope you didnt do any cash transaction, always accept payment either in cheque or DD or even online transfer is ok.

Now a days RTO takes little more time to transfer the car, as they provide Smart Card RC Book.

I suggest dont panic, meet him in person and ask him if has any evidence of transfer being filed or processed, like receipt from RTO or something.

Hope this will help, if things go worst, file a FIR saying that you have sold the car but this person is not transferring the car, instead of saying he stole your car. But before doing all that, tell him that you are going to do this if he doesnt transfer the car immediately.

[HappyWheels]

Originally Posted by throttleking

RAC,... if things go worst, file a FIR saying that you have sold the car but this person is not transferring the car, instead of saying he stole your car. But before doing all that, tell him that you are going to do this if he doesnt transfer the car immediately.

This is indeed a new line of thought to get this guy up from his couch and get the tranfer done.

But is this something that can be done, meaning, can we file a FIR about this?

[arunforu1]

I am not sure if this is a possibilty.

But sense says, if you can get the vehicle registered in your name at your wish, so you are the one you can get it cancelled, as long as you are the legal owner.

Contact RTO about procedure of cancelling registration. I know some people transfer OLD registration number to their new vehicles.

Try it get your old registration transferred to your new/replacement vehicle. This way the buyer will have no choice left, Either to get new registration or drive an illegal car. But in both cases you are out of matter.

[autoenthusiast]

Guys one question, not sure if I missed it in the above thread.

Even if you initiate RTO transfer, how do you know when the transfer is completed ? Does the previous owner get an intimation from the RTO ?

[HappyWheels]

Originally Posted by arunforu1

...Try it get your old registration transferred to your new/replacement vehicle. This way the buyer will have no choice left, Either to get new registration or drive an illegal car. But in both cases you are out of matter.

Is it possible in India? I know in few other countries (like US and UAE) you can transfer the number between cars, but did not know that this is possible in India.

And in India, think might work against you. Suppose the other person does not get a new number, does something bad, all write down the number on the number plate and they finally end up on your door. Do not know how much of 'Sir, you say Fiat, I have a SX4' will help!

[aka_iitd]

Originally Posted by HappyWheels

Is it possible in India? I know in few other countries (like US and UAE) you can transfer the number between cars, but did not know that this is possible in India.

And in India, think might work against you. Suppose the other person does not get a new number, does something bad, all write down the number on the number plate and they finally end up on your door. Do not know how much of 'Sir, you say Fiat, I have a SX4' will help!

I think it is possible in India also as i have seen people take unique numbers and they keep using it for their new vehicles.