Need Advice - Car sold but not transferred

autoenthusiast · 21st October 2008, 06:48

Quote:

Originally Posted by aka_iitd

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.

Nope you aren't allowed to transfer your registration number between vehicles in India. The number is registered to the vehicle.

If you see people moving the same number between vehicles, then I don't see how that can be the actual registration number.

TheARUN · 21st October 2008, 07:52

There are two acts which govern ownership.

The transfer of property act
The sale of goods at

The transfer of property act covers immovable property, the sale of goods act covers movable property.

The car comes under the sale of goods act. The act states that ownership passes with possession. Which means that whoever posses the car is the owner.

Coming to the second point of RC book owner. That is just to pin down responsibility. There have been a million cases on RC ownership not being transfered and the vehicle meeting with the accident and the RC owner being made a party to the case. The supreme court has held that RC ownership not being transferred does not make the old owner liable.

So chill mate, the person who posses the car will be held liable.

The best example of moveable and immoveable goods is tender coconut hanging on a coconut tree. If the nut is still on the tree then it is the transfer of property act, if the nut falls down, then it is the sale of goods act

johnda · 21st October 2008, 08:08

Nicely put Arun! I like the coconut example.

But RAC what kind of sale did you do if you don't have the form 29 and 30 and a sale deed? and if you DO then why worry? Those forms clearly say that the new buyer has taken the vehicle AT a said amount From SO and SO and would request transfer to his name.
Transferring is his headache not yours.

I had a similar issue after i sold my Scorpio, we settled on santro and to avail the old car discount we had to produce the new rc book with transfered name. BUt the NUT who bought it didn't transfer. maybe he wanted to sell, maybe he wanted to up it up in the second hand market. whatever! but still he had to do it right? so in 3 months time we got it sorted but had no worries because we had all photostats of papers and forms signed. So hang in there!

chiclets · 6th March 2009, 23:18

Guys,

I've my car registered and want it sell it in UP. I might be going abroad and would like to give power-of-attorney to my father in this case who would find suitable customer and sell it in my absence.

Will the procedure guidelines laid out by hydrashok should suffice in my case?

Additionally, I currently have a running loan on this car. Must I close this loan before I leave the country? Its EMI will be taken care of from my account even when I'm abroad but I'm confused about closing loan from abroad should a buyer is found.

Please suggest!

Guna · 2nd June 2009, 14:05

Hi
I sold my car few month's back. The new owner of the car did not transfer the car to his name probably since he was not serious about keeping the car for long. Now he is selling the car to an outstation person and wants to get an NOC. Since the car is still in my name he wanted me to sign on the NOC paper.
I want to know if I need to insist that the car be transffered to his name before he sells it to a third party. I dont know what issues may come up but just want to make sure that I dont get in to some trouble, especially the car is being sold to an unknown person from a different state.

Your suggestions are most welcome

StarVegabond · 2nd June 2009, 14:14

You should not sign such a NOC
you can give him one more NOC in his name dated current stating that you had sold w.e.f date. NOC should also mention details of the transaction (payment details) and
vehicle details and transfer of ownership. also mention a validity (30/60 days)for the NOC. if the guy who bought the car in his name does not transfer it to his name, it is his problem.

Do not give NOC in the name of un-known person.

ms001 · 2nd June 2009, 14:29

To be on the safer side ,you must do as advised by StarVegabond.
Do not sign the NOC.

DCEite · 2nd June 2009, 14:31

Just curious, isn't the buyer of your car a Team-BHPian too ?
I faintly remember reading sometime back. Don't know where!

jraj · 2nd June 2009, 14:42

DECite,
Maybe its his other car.

He sold his Fusion to fellow Bhp-ian.
http://www.team-bhp.com/forum/hatchb...ml#post1215400

4x4addict · 2nd June 2009, 16:35

Hi Guna,

I strongly advice against signing the NOC papers. The reason is that suppose the car has been in a hit and run or some other shady deal after you sold the car, you will be held responsible since you will be listed as the registered owner in the rc book even during the period it was used by the other person.

Besides he is really fooling the buyer into the number of owners the car has. Don't encourage this. In fact you should get it transferred to his name right away and get some letter from him saying that he bought the car on x date and he is responsible for any action related to the car since that date.

An uncle of mine sold a lorry many years back which was subsequently caught by the Forest authorities for Sandalwood smuggling. The smugglers abandoned the lorry and fled but the forest authorities tracked the lorry to the registered owner which happened to be my uncle. He had to shell out money to get out of that.

Generally when I sell my cars I get the rc book transferred right away.

Traxter · 2nd June 2009, 17:33

Generally buyer should be anxious to get it transferred in self name to settle all ownership confusions/disputes. If he is busy / forgot, he could do it even now and then sell to third party. But if there are other reasons (such as sandalwood smuggling

) then you have reason to be worried.

BTW, how do sellers 'ensure' that transfer takes place? Is there an indemnity form etc? After all even if the buyer transfers papers within a few days, in the meantime accidents can happen...any advise from gurus?

2nd June 2009, 18:28

Well I been through a traumatic situation of my own in reference to RC and still dealing with it. My advice do not sign the NOC. Also this makes that person X as the second owner of the car rather than Second. You would care less anyways. The point is as 4x4 mentioned what if this guy killed someone with it?

This car is technically yours! Personal suggestion is get the car transfered to his name first while doing that get an court stamped affidavit made stating the car was sold on such and such date and that the second owner had not made registration to the car until current date. Make it signed by the current owner. Once this is done keep that document with you and submit one copy with RTO or Local police station if required. Now technically he is responsible for any mishapp that could have happen. Additionally to avoid all this an NOC from police station for this car could provide a good clearance that he/she is clean. I still though insist on an affidavit since he has delayed it significantly. Or if that person is not ready to sign and affidavit notify the local police authority and that should let him sign an authority. Hope you have some entries in your bank pass book to show cashflow for the sale.

Guna · 2nd June 2009, 18:59

Quote:

Originally Posted by DCEite

Just curious, isn't the buyer of your car a Team-BHPian too ?
I faintly remember reading sometime back. Don't know where!

As jraj has pointed out, it was my other car Fusion which was bought by fellow bhpian.
Thanks for all the suggestions. I will not sign the NOC.

khan_sultan · 2nd June 2009, 19:05

Quote:

Originally Posted by Guna

...Thanks for all the suggestions. I will not sign the NOC.

But the car is still in your name! What do you intend to do about that?

4x4addict · 2nd June 2009, 19:49

Quote:

Originally Posted by khan_sultan

But the car is still in your name! What do you intend to do about that?

Exactly my point. You are at risk if the car is in an accident and someone dies or gets injured. Get the car transfered asap and get something in writing from the seller that the car was in his possession from the date you sold it.

21st October 2008, 07:52	#32
TheARUN Senior - BHPian Join Date: Sep 2008 Location: Bangalore Posts: 1,373 Thanked: 958 Times View My Garage	The LAW There are two acts which govern ownership. The transfer of property act The sale of goods at The transfer of property act covers immovable property, the sale of goods act covers movable property. The car comes under the sale of goods act. The act states that ownership passes with possession. Which means that whoever posses the car is the owner. Coming to the second point of RC book owner. That is just to pin down responsibility. There have been a million cases on RC ownership not being transfered and the vehicle meeting with the accident and the RC owner being made a party to the case. The supreme court has held that RC ownership not being transferred does not make the old owner liable. So chill mate, the person who posses the car will be held liable. The best example of moveable and immoveable goods is tender coconut hanging on a coconut tree. If the nut is still on the tree then it is the transfer of property act, if the nut falls down, then it is the sale of goods act
	(1) Thanks

21st October 2008, 08:08	#33
johnda BHPian Join Date: Aug 2008 Location: Tvla Posts: 394 Thanked: 19 Times View My Garage	Nicely put Arun! I like the coconut example. But RAC what kind of sale did you do if you don't have the form 29 and 30 and a sale deed? and if you DO then why worry? Those forms clearly say that the new buyer has taken the vehicle AT a said amount From SO and SO and would request transfer to his name. Transferring is his headache not yours. I had a similar issue after i sold my Scorpio, we settled on santro and to avail the old car discount we had to produce the new rc book with transfered name. BUt the NUT who bought it didn't transfer. maybe he wanted to sell, maybe he wanted to up it up in the second hand market. whatever! but still he had to do it right? so in 3 months time we got it sorted but had no worries because we had all photostats of papers and forms signed. So hang in there!
	() Thanks

6th March 2009, 23:18	#34
chiclets Newbie Join Date: Mar 2008 Location: New Delhi Posts: 10 Thanked: 0 Times	car registered in chandigarh, selling in UP Guys, I've my car registered and want it sell it in UP. I might be going abroad and would like to give power-of-attorney to my father in this case who would find suitable customer and sell it in my absence. Will the procedure guidelines laid out by hydrashok should suffice in my case? Additionally, I currently have a running loan on this car. Must I close this loan before I leave the country? Its EMI will be taken care of from my account even when I'm abroad but I'm confused about closing loan from abroad should a buyer is found. Please suggest!
	() Thanks

2nd June 2009, 14:05	#35
Guna Senior - BHPian Join Date: Nov 2007 Location: Bangalore Posts: 4,010 Thanked: 4,202 Times	Car sold but Transfer of Ownership did not happen; need advice Hi I sold my car few month's back. The new owner of the car did not transfer the car to his name probably since he was not serious about keeping the car for long. Now he is selling the car to an outstation person and wants to get an NOC. Since the car is still in my name he wanted me to sign on the NOC paper. I want to know if I need to insist that the car be transffered to his name before he sells it to a third party. I dont know what issues may come up but just want to make sure that I dont get in to some trouble, especially the car is being sold to an unknown person from a different state. Your suggestions are most welcome Last edited by Guna : 2nd June 2009 at 14:06.
	() Thanks

2nd June 2009, 14:14	#36
StarVegabond Senior - BHPian Join Date: Sep 2008 Location: Bangalore Posts: 1,891 Thanked: 42 Times	You should not sign such a NOC you can give him one more NOC in his name dated current stating that you had sold w.e.f date. NOC should also mention details of the transaction (payment details) and vehicle details and transfer of ownership. also mention a validity (30/60 days)for the NOC. if the guy who bought the car in his name does not transfer it to his name, it is his problem. Do not give NOC in the name of un-known person.
	() Thanks

2nd June 2009, 14:29	#37
ms001 Senior - BHPian Join Date: Jun 2008 Location: bangalore Posts: 1,003 Thanked: 162 Times	To be on the safer side ,you must do as advised by StarVegabond. Do not sign the NOC.
	() Thanks

2nd June 2009, 14:31	#38
DCEite Senior - BHPian Join Date: Sep 2004 Location: NCR Posts: 3,417 Thanked: 2,559 Times	Just curious, isn't the buyer of your car a Team-BHPian too ? I faintly remember reading sometime back. Don't know where!
	() Thanks

2nd June 2009, 14:42	#39
jraj BHPian Join Date: Oct 2005 Location: Michigan,USA Posts: 487 Thanked: 173 Times View My Garage	DECite, Maybe its his other car. He sold his Fusion to fellow Bhp-ian. http://www.team-bhp.com/forum/hatchb...ml#post1215400
	() Thanks

2nd June 2009, 16:35	#40
4x4addict Distinguished - BHPian Join Date: Nov 2007 Location: Chennai Posts: 4,483 Thanked: 4,531 Times View My Garage Infractions: 0/1 (5)	Hi Guna, I strongly advice against signing the NOC papers. The reason is that suppose the car has been in a hit and run or some other shady deal after you sold the car, you will be held responsible since you will be listed as the registered owner in the rc book even during the period it was used by the other person. Besides he is really fooling the buyer into the number of owners the car has. Don't encourage this. In fact you should get it transferred to his name right away and get some letter from him saying that he bought the car on x date and he is responsible for any action related to the car since that date. An uncle of mine sold a lorry many years back which was subsequently caught by the Forest authorities for Sandalwood smuggling. The smugglers abandoned the lorry and fled but the forest authorities tracked the lorry to the registered owner which happened to be my uncle. He had to shell out money to get out of that. Generally when I sell my cars I get the rc book transferred right away. Last edited by 4x4addict : 2nd June 2009 at 16:38.
	() Thanks

2nd June 2009, 17:33	#41
Traxter BHPian Join Date: Jul 2007 Location: Interior Karnataka Posts: 94 Thanked: 2 Times	Generally buyer should be anxious to get it transferred in self name to settle all ownership confusions/disputes. If he is busy / forgot, he could do it even now and then sell to third party. But if there are other reasons (such as sandalwood smuggling ) then you have reason to be worried. BTW, how do sellers 'ensure' that transfer takes place? Is there an indemnity form etc? After all even if the buyer transfers papers within a few days, in the meantime accidents can happen...any advise from gurus?
	() Thanks

2nd June 2009, 18:28	#42
D-Man Posts: n/a	Well I been through a traumatic situation of my own in reference to RC and still dealing with it. My advice do not sign the NOC. Also this makes that person X as the second owner of the car rather than Second. You would care less anyways. The point is as 4x4 mentioned what if this guy killed someone with it? This car is technically yours! Personal suggestion is get the car transfered to his name first while doing that get an court stamped affidavit made stating the car was sold on such and such date and that the second owner had not made registration to the car until current date. Make it signed by the current owner. Once this is done keep that document with you and submit one copy with RTO or Local police station if required. Now technically he is responsible for any mishapp that could have happen. Additionally to avoid all this an NOC from police station for this car could provide a good clearance that he/she is clean. I still though insist on an affidavit since he has delayed it significantly. Or if that person is not ready to sign and affidavit notify the local police authority and that should let him sign an authority. Hope you have some entries in your bank pass book to show cashflow for the sale.
	() Thanks