Need Advice - Car sold but not transferred

Guna · 2nd June 2009, 19:51

Quote:

Originally Posted by khan_sultan

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

Current owner has told me that if I am reluctant to sign the NOC, he will get the car transfered to his name, before going ahead with the sale. Just need to ensure that I ask for a copy of the RC Book.

2nd June 2009, 20:12

do you have any proof on when you sold this car? just curious.

Guna · 2nd June 2009, 22:19

Quote:

Originally Posted by D-Man

do you have any proof on when you sold this car? just curious.

Yes, the delivery note which has a date stamp on it.

thedreamcatcher · 14th January 2011, 23:22

Hi,

This is with reference to a Santro i was using a few years back. In 2008, i had sent it from Gurgaon, back to my dad, who at that point of time was in Chennai.

I wanted to sell the car in Gurgaon, but it was a KA Reg car (KA 05 MA 6515) that I bought when I was in Bangalore and then went back to GRG. But was getting a very low price there due to registration. So, once i sent it to my dad, and had signed all the necessary transfer papers and handed it over to him. He sold it to one Mr X, for some random amount. All was done in good faith

Now, sometime recently I was going through a website in bangalore, (cant recollect), where u enter the registration number and it throws out the owners name and details, and i was really surprised or rather shocked to see the car still in my name, and this was sometime in november 2010

I immediately call my dad, and he in turn calls up the guy who says, he has sold the car to some other person and this time in Mysore and just handed over my signed transfer papers. And now it seems that guy is also not transferring it to his name

So, at this point, I am a very concerned about the implications. Incase of some malpractise involving the car, some accident or what so ever, it may come against me. Since no other owners names officially appear anywhere.

What can i do to get this rectified. Do i need to approach the RTO, file an FIR???

Also, my dad sent me a delivery note which that person gave him stating he purchased the car on so on so date etc. But I do not see that as something concrete and material.

Looking forward to your advice, as I want to get this resolved at the earliest

(MODS: Please move this to the appropriate thread if this is not the right one)

drmohitg · 14th January 2011, 23:49

My situation is exactly the same. I also sold my Santro in Bangalore in dec,2009 to one Mr. Mahesh. As I was in a hurry to return to Delhi, I just collected the delivery note and signed the rest of the forms. I did put the date and other car details in the form properly as someone had told me before that once you fill the date the form is valid for only 15 days.

Now last week I also happened to check the above website and it still shows the car in my name. Is it possible that the website is not updated? What should I do in this case? I have the delivery note with me which the buyer signed. Is that good enough to insulate me from any mishap that may occur?

P1tBull · 15th January 2011, 00:11

Keep the delivery note safe. That's basically your backup in case of any issues. The cops will usually accept that in case of any problems.

hillram · 15th January 2011, 01:38

This is a typical scenario as the buyers dont want to transfer the car in their name,as the no:of transfers will effect the resale value further down the line.
I have received many traffic challans from cars that i have sold years back.
One thing,is that we should not pay the challans as it will tantamount to that,we had committed this crime,while it is not the case.
Keep the Delivery note as it will come handy to explain to cops to show that you are not anymore the owner of the car.

Cyrus43 · 15th January 2011, 03:27

AS long as you have a delivery note, the law is on your side. No need to worry. Relax. Keep the delivery note very very very safe though.

selfdrive · 15th January 2011, 04:39

I have a similar problem. I sold my car to a friend as I was moving abroad. however, the friend also moved abroad(to a different country) after a few weeks and the car is being used by his parents (with a driver). The documents that I handed over now cannot be found. though I received all the money, it has been around 3 years and the car is still in my name.
As we are both out of India, we are unable to do anything and his parents are unable to do it due to health issues. In this case, is there someone who can do this work for us? can ir be done in absence of both of us? if one of us has to be present, which one of us is more essential? the reason i ask is that it has been impossible for us to co ordinate our trips together
This is not an ideal situation for either of us, but I would like to focus on what could be done to resolve it. Thanks for your advice.

pvgeorge · 15th January 2011, 05:49

if the car is still in my name, what happens if I file an FIR for vehicle missing.. (I suppose in all records I might be the owner and legally the new owner need to return the car to me)

v&v · 15th January 2011, 07:29

One of my friend in RTO has told, in case of sale, make a duplicate copy of the documents which is handed over to the buyer along with a ID proof and his contact nos, Send to RTO by Registered A/D post.

Keep the acknowledgement, ID proof of buyer and Delivery note. its more than enough to prove the sale in case of any mis-happening.

I usually follow this practice, Even i click the photograph of the buyer.

jasmeetsingh · 15th January 2011, 08:19

Same thing happened to me when i sold my RXZ in 2003 the bike is still in my name and it was sold to the third owner from whom it got stolen still in my name now the bike is getting rusted in the police yard and anyhow if didnot suffer any wrong consequences but after that whenever i sell my cars or bikes, i get it transfered to the persons name and take the cost from him.

BTW i can get that bike back if i want.

IQBAL VEERJI · 15th January 2011, 08:53

Quote:

Originally Posted by P1tBull

Keep the delivery note safe. That's basically your backup in case of any issues. The cops will usually accept that in case of any problems.

No sir, delivery note only is not enough best and what I have been doing for almost all my vehicles sold is same day when the vehicle is delivered to new buyer write a letter to RTO of same place where the vehicle is registered inform them that vehicle is sold to such person attatch delivery note with buyer signature, Pls get aucknowledge on second copy with their entry no on their register. Preserve this leeter with RTO stamp and signature along with delivery note . That is the right method.Regards

thedreamcatcher · 15th January 2011, 13:31

Thanks all

@Iqbal, since it was disposed about 2 years ago, can i send a copy of all the cars documents, the delivery note to the RTO and get the sale registered now?

Also, is it just courier it, or do I need to get to the RTO.

Finally, since everthing is still in my name, how are they managing with things like Insurance. How do they renw it when the car is still in someone elses name. Or could they just get the insurance transferred to their name, which i doubt happens, as it gets done only if car gets transferred

Live To Jive · 15th January 2011, 14:24

Try and contact the current owner. If he does not transfer it, tell him you will report the vehicle stolen and take it back. Legally you can do that.

2nd June 2009, 20:12	#47
D-Man Posts: n/a	do you have any proof on when you sold this car? just curious.
	() Thanks

14th January 2011, 23:22	#49
thedreamcatcher Senior - BHPian Join Date: Mar 2009 Location: Dubai Posts: 1,204 Thanked: 66 Times View My Garage	Sold Car in 2008. Come 2011, I find the Car is still in my name. Help Needed Hi, This is with reference to a Santro i was using a few years back. In 2008, i had sent it from Gurgaon, back to my dad, who at that point of time was in Chennai. I wanted to sell the car in Gurgaon, but it was a KA Reg car (KA 05 MA 6515) that I bought when I was in Bangalore and then went back to GRG. But was getting a very low price there due to registration. So, once i sent it to my dad, and had signed all the necessary transfer papers and handed it over to him. He sold it to one Mr X, for some random amount. All was done in good faith Now, sometime recently I was going through a website in bangalore, (cant recollect), where u enter the registration number and it throws out the owners name and details, and i was really surprised or rather shocked to see the car still in my name, and this was sometime in november 2010 I immediately call my dad, and he in turn calls up the guy who says, he has sold the car to some other person and this time in Mysore and just handed over my signed transfer papers. And now it seems that guy is also not transferring it to his name So, at this point, I am a very concerned about the implications. Incase of some malpractise involving the car, some accident or what so ever, it may come against me. Since no other owners names officially appear anywhere. What can i do to get this rectified. Do i need to approach the RTO, file an FIR??? Also, my dad sent me a delivery note which that person gave him stating he purchased the car on so on so date etc. But I do not see that as something concrete and material. Looking forward to your advice, as I want to get this resolved at the earliest (MODS: Please move this to the appropriate thread if this is not the right one) Last edited by thedreamcatcher : 14th January 2011 at 23:25.
	() Thanks

14th January 2011, 23:49	#50
drmohitg Distinguished - BHPian Join Date: Sep 2010 Location: Liverpool/Delhi Posts: 5,439 Thanked: 7,542 Times	Re: Sold Car in 2008. Come 2011, I find the Car is still in my name. Help Needed My situation is exactly the same. I also sold my Santro in Bangalore in dec,2009 to one Mr. Mahesh. As I was in a hurry to return to Delhi, I just collected the delivery note and signed the rest of the forms. I did put the date and other car details in the form properly as someone had told me before that once you fill the date the form is valid for only 15 days. Now last week I also happened to check the above website and it still shows the car in my name. Is it possible that the website is not updated? What should I do in this case? I have the delivery note with me which the buyer signed. Is that good enough to insulate me from any mishap that may occur?
	() Thanks

15th January 2011, 00:11	#51
P1tBull BHPian Join Date: Aug 2007 Location: Bangalore Posts: 91 Thanked: 2 Times	Re: Sold Car in 2008. Come 2011, I find the Car is still in my name. Help Needed Keep the delivery note safe. That's basically your backup in case of any issues. The cops will usually accept that in case of any problems. Last edited by P1tBull : 15th January 2011 at 00:13.
	() Thanks

15th January 2011, 01:38	#52
hillram Senior - BHPian Join Date: Apr 2007 Location: Hyderabad Posts: 2,942 Thanked: 1,326 Times View My Garage	Re: Sold Car in 2008. Come 2011, I find the Car is still in my name. Help Needed This is a typical scenario as the buyers dont want to transfer the car in their name,as the no:of transfers will effect the resale value further down the line. I have received many traffic challans from cars that i have sold years back. One thing,is that we should not pay the challans as it will tantamount to that,we had committed this crime,while it is not the case. Keep the Delivery note as it will come handy to explain to cops to show that you are not anymore the owner of the car.
	() Thanks

15th January 2011, 03:27	#53
Cyrus43 Join Date: Nov 2006 Location: London Posts: 5,019 Thanked: 221 Times View My Garage	Re: Sold Car in 2008. Come 2011, I find the Car is still in my name. Help Needed AS long as you have a delivery note, the law is on your side. No need to worry. Relax. Keep the delivery note very very very safe though.
	() Thanks

15th January 2011, 04:39	#54
selfdrive Senior - BHPian Join Date: Apr 2010 Location: Zurich Posts: 2,962 Thanked: 3,534 Times	Re: Sold Car in 2008. Come 2011, I find the Car is still in my name. Help Needed I have a similar problem. I sold my car to a friend as I was moving abroad. however, the friend also moved abroad(to a different country) after a few weeks and the car is being used by his parents (with a driver). The documents that I handed over now cannot be found. though I received all the money, it has been around 3 years and the car is still in my name. As we are both out of India, we are unable to do anything and his parents are unable to do it due to health issues. In this case, is there someone who can do this work for us? can ir be done in absence of both of us? if one of us has to be present, which one of us is more essential? the reason i ask is that it has been impossible for us to co ordinate our trips together This is not an ideal situation for either of us, but I would like to focus on what could be done to resolve it. Thanks for your advice.
	() Thanks

15th January 2011, 05:49	#55
pvgeorge BHPian Join Date: Apr 2006 Location: Trivandrum Posts: 69 Thanked: 8 Times	Re: Sold Car in 2008. Come 2011, I find the Car is still in my name. Help Needed if the car is still in my name, what happens if I file an FIR for vehicle missing.. (I suppose in all records I might be the owner and legally the new owner need to return the car to me)
	() Thanks

15th January 2011, 07:29	#56
v&v Senior - BHPian Join Date: Aug 2007 Location: Delhi Posts: 1,545 Thanked: 1,205 Times View My Garage	Re: Sold Car in 2008. Come 2011, I find the Car is still in my name. Help Needed One of my friend in RTO has told, in case of sale, make a duplicate copy of the documents which is handed over to the buyer along with a ID proof and his contact nos, Send to RTO by Registered A/D post. Keep the acknowledgement, ID proof of buyer and Delivery note. its more than enough to prove the sale in case of any mis-happening. I usually follow this practice, Even i click the photograph of the buyer.
	() Thanks

15th January 2011, 08:19	#57
jasmeetsingh BHPian Join Date: Jul 2006 Location: raipur Posts: 107 Thanked: 18 Times	Re: Sold Car in 2008. Come 2011, I find the Car is still in my name. Help Needed Same thing happened to me when i sold my RXZ in 2003 the bike is still in my name and it was sold to the third owner from whom it got stolen still in my name now the bike is getting rusted in the police yard and anyhow if didnot suffer any wrong consequences but after that whenever i sell my cars or bikes, i get it transfered to the persons name and take the cost from him. BTW i can get that bike back if i want.
	() Thanks

15th January 2011, 13:31	#59
thedreamcatcher Senior - BHPian Join Date: Mar 2009 Location: Dubai Posts: 1,204 Thanked: 66 Times View My Garage	Re: Sold Car in 2008. Come 2011, I find the Car is still in my name. Help Needed Thanks all @Iqbal, since it was disposed about 2 years ago, can i send a copy of all the cars documents, the delivery note to the RTO and get the sale registered now? Also, is it just courier it, or do I need to get to the RTO. Finally, since everthing is still in my name, how are they managing with things like Insurance. How do they renw it when the car is still in someone elses name. Or could they just get the insurance transferred to their name, which i doubt happens, as it gets done only if car gets transferred
	() Thanks

15th January 2011, 14:24	#60
Live To Jive BANNED Join Date: Jun 2009 Location: Swindon, UK Posts: 698 Thanked: 89 Times	Re: Sold Car in 2008. Come 2011, I find the Car is still in my name. Help Needed Try and contact the current owner. If he does not transfer it, tell him you will report the vehicle stolen and take it back. Legally you can do that.
	() Thanks