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Old 8th February 2018, 13:57   #106
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Default Re: Old car sold, new owner refusing to transfer ownership

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Originally Posted by Technocrat View Post
This decision is wrong at so many levels. First its fundamentally wrong to put onus on seller as there is practically no good reason for a seller to not transfer the ownership while there are many for the buyer.

Seller has nothing to hold against the buyer while buyer can actually hold up money if seller doesn't hold up to agreed terms.

Additionally they could have directed RTOs to create a more bulletproof process to avoid any conflicts arising out of transfer of ownership.

Really disappointing decision by SC
This is scary indeed. Henceforth, while selling a car, transfer should happen before delivery. But how many buyers will agree to pay full in advance and then wait for transfer to happen? How do they know that the existing owner wont misuse the car in the mean time? How are exchange with dealers supposed to happen? Another stupid decision without planning for infrastructure before it.
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Old 13th February 2018, 20:57   #107
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Default Re: Old car sold, new owner refusing to transfer ownership

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This is scary indeed. Henceforth, while selling a car, transfer should happen before delivery. But how many buyers will agree to pay full in advance and then wait for transfer to happen? How do they know that the existing owner wont misuse the car in the mean time? How are exchange with dealers supposed to happen? Another stupid decision without planning for infrastructure before it.
I guess the best possible scenario would be - 1) buyer pays the amount, signs the papers on spot, and takes over the vehicle. 2) Seller goes to his RTO, submits the transfer papers, and seller's RTO issues a show-cause notice to the buyer's RTO about the sale with a time span of maybe 14 days. 3) Within 14 days, if the buyer's RTO doesn't get the application for new RC from the buyer, they need to alert cops to confiscate the vehicle. In my opinion, this will tighten the loose-end at buyer's end and compel to fall in line if he/she wishes to drive around the vehicle on road. As long as the transfer interest remains with the buyer, there's no hope for peace of mind.

By the way, in my case last year, I did the same thing with my RTO. I took all transfer papers signed by the buyer and submitted them in my RTO stating that the vehicle was sold. The RTO guy refused to accept it and told me that it's the buyer's job. To be precise, he said (in Kannada) "you have sold your vehicle now, so it's over; it's not your headache anymore." Upset with his comment and the ordeal I went through with my buyer thereafter, I went down to one of their customer interaction programs and dropped my above opinion as a suggestion there, but it's 6+ months now with no response or acknowledgement - it's easy for all of us to take a guess as to what happens to suggestions given in RTOs!

Last edited by shijanto4 : 13th February 2018 at 21:01.
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Old 13th March 2018, 22:25   #108
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Default Re: Old car sold, new owner refusing to transfer ownership

Need Advice - I recently bought a new car and when I tried to get it registered this morning it turns out that I have a bike from 2011 on my name. I had sold that bike and the provided the buyer with all the valid documents to get the registration transferred which did not happen. I bought my first car in 2013, but since the 2nd vehicle things was pretty new at that time, this was not caught. I donít have any Papers of the bike I sold and now I am not sure how to proceed. My cars registration is stuck now. I might have to shell another 20 grand for the extra 2% tax which I donít think can be avoided. But I would still prefer to get that old bike removed from my name. Any suggestions would be appreciated. Thanks
PS: I am based out of Hyderabad.
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Old 13th March 2018, 23:26   #109
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Default Re: Old car sold, new owner refusing to transfer ownership

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Need Advice - I recently bought a new car and when I tried to get it registered this morning it turns out that I have a bike from 2011 on my name. I had sold that bike and the provided the buyer with all the valid documents to get the registration transferred which did not happen. I bought my first car in 2013, but since the 2nd vehicle things was pretty new at that time, this was not caught. I don’t have any Papers of the bike I sold and now I am not sure how to proceed. My cars registration is stuck now. I might have to shell another 20 grand for the extra 2% tax which I don’t think can be avoided. But I would still prefer to get that old bike removed from my name. Any suggestions would be appreciated. Thanks
PS: I am based out of Hyderabad.
https://www.echallan.org/publicview/
This Telangana police website can help.
Click on the link (complaint on non transfer)

Last edited by bblost : 14th March 2018 at 00:36. Reason: fixed quote tag.
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Old 18th March 2018, 13:02   #110
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Default Re: Old car sold, new owner refusing to transfer ownership

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https://www.echallan.org/publicview/
This Telangana police website can help.
Click on the link (complaint on non transfer)
Thanks, first thing I did. Did not receive any confirmation SMS from them though. Will also go to the police station and submit a formal complaint. Fortunately I was able to find the engine and chassis no. which helped me pull details from the RTO page.
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Old 18th March 2018, 17:24   #111
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Default Re: Old car sold, new owner refusing to transfer ownership

As you are from Hyderabad, even the Telangana RTO has a link for reporting such issues. Try submitting there as well.

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Originally Posted by sachinkgogia View Post
Thanks, first thing I did. Did not receive any confirmation SMS from them though. Will also go to the police station and submit a formal complaint. Fortunately I was able to find the engine and chassis no. which helped me pull details from the RTO page.
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Old 24th May 2018, 09:17   #112
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Default Re: Old car sold, new owner refusing to transfer ownership

Hello members,

We sold our 2013 Honda Activa to a person in January 2017, who was our local mechanic's referral. At that time, it was agreed that ownership would be transferred by the buyer.

In January 2018, I came to know that the ownership is still in my father's name. I visited the mechanic only to find that the new owner hasn't yet applied for transfer. Even after repeated reminders and visits, the ownership transfer is still pending. The mechanic comes up with a new excuse everytime.

During handover, the buyer signed an undertaking stating that the vehicle has been handed over on such and such date, the buyer is responsible for any traffic violations and accidents involving the vehicle, etc. However, I don't think it holds much value considering that it is on a plain sheet of paper.

When I checked the Vahan website today, it still shows the scooter in my father's name. Can we do something to remove our accountability in case the vehicle is involved in any accidents or offence? I have read on the forum about submitting a letter at the RTO but don't know how this works. Pls help.

There is also a thread about online transfer of RC but I guess that facility is only for Delhi RTOs. The vehicle in question is registered in Haryana.

PS. It seems that the new owner is genuinely short of time. On our last visit, he agreed to sign any document for our satisfaction. So, if a new sale document needs to be drafted, he is ready for that also.
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Old 24th May 2018, 14:23   #113
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Default Re: Old car sold, new owner refusing to transfer ownership

This is how I handled my car sale 1.5 years back:
  • On confirmation of the deal with the buyer, took 20% as advance.
  • Once full amount was transferred, I got a deed of sale done from a lawyer stating that I have received a payment from XX party for the sale of my car - original with me and copy handed over to the buyer.
  • Signed the transfer forms
  • The buyer completed the transfer formalities at RTO and handed me a copy of the challan/acknowledgement (This can be cross verified online)
  • Handed over the possession of the car to the buyer.

I addition to this, I transferred the NCB bonus from the car and the new owner transferred the policy to his name.
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Old 24th May 2018, 14:33   #114
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Default Re: Old car sold, new owner refusing to transfer ownership

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Originally Posted by self_driven View Post
During handover, the buyer signed an undertaking stating that the vehicle has been handed over on such and such date, the buyer is responsible for any traffic violations and accidents involving the vehicle, etc. However, I don't think it holds much value considering that it is on a plain sheet of paper.
Even if it's on Stamp Paper, it holds no value as it's the sellers responsibility to get the transfer.

Quote:
Can we do something to remove our accountability in case the vehicle is involved in any accidents or offence? I have read on the forum about submitting a letter at the RTO but don't know how this works. Pls help.
Tell the buyer to do it immediately otherwise you will file a stolen report with the police. Technically your father is still the owner so he can do it.

Quote:
PS. It seems that the new owner is genuinely short of time. On our last visit, he agreed to sign any document for our satisfaction. So, if a new sale document needs to be drafted, he is ready for that also.
In that case tell him you'll get it done through an agent provided he pays the charges.

Last edited by pedrolourenco : 24th May 2018 at 14:34.
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Old 24th November 2018, 13:36   #115
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Default Re: Old car sold, new owner refusing to transfer ownership

I was in a similar dilema for the past 1 week. Last Sunday (Nov 18th) I sold my car to a buyer whom I found thru OLX.

He gave me cash and we signed an agreement on some printed paper (not stamp) that from this date and time there is no responsibility of mine from (18.11.2018 after 4PM). Original he gave me and he took a xerox copy.
He said he will do transfer process next day itself.

From then on I called him almost daily and he used to tell me he is busy in some unavoidable personal work. I replied him this process takes hardly 30 minutes time.
Today (Nov 24th Saturday morning) I called him and told him I am coming to his place to do the transfer process. Then he said not required I will do it today itself, to which I did not believe.. and he completed the process in the afternoon today!.

Thread helped me in one way.. somebody had posted regarding making use of a RTO agent to get the thing done if the buyer has no time.
I told him the same and he was 'locked'

I must say there was no argument. Both of us were soft spoken, which helped me.

Felt sorry for him after all the incidents..Looks like his wife is admitted to hospital due to cancer

God bless!

Last edited by deemash : 24th November 2018 at 13:39.
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Old 25th November 2018, 09:19   #116
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Default Re: Old car sold, new owner refusing to transfer ownership

I did the following when I sold my Polo in 2015:
1. Executed a sale agreement on stamp paper duly notarised.
2. Received the payment from the buyer and handed him the documents , car and one key.
3. Made two sets of transfer papers, filled it up and signed on them. One set was handed over to the buyer and the other set was sent to RTO by Registered Post
4. Buyer showed me new Registration Smart Card bearing his name, address and mobile number after 20-25 days
5. Verified the same from Vaahan App.
6. Handed over the duplicate remote key.

In all, it was a pleasurable transaction. Hope this helps.

Last edited by pranjal1984 : 25th November 2018 at 09:22. Reason: added specifics
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Old 26th November 2018, 12:43   #117
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Default Re: Old car sold, new owner refusing to transfer ownership

I sold my WagonR to Ford provided agent as exchange by 2016. But even now i am seeing my name in the Vaahan. The car is currently running in Davangere/Karnataka. How do i know whether the name transfer happened or not?
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Old 26th November 2018, 13:12   #118
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Default Re: Old car sold, new owner refusing to transfer ownership

I did something fundamentally simple and devilishly effective. My old car was sold to a dealer, who sold to a low life who never registered it in his name. I came to know of this when I received a call from Kandivili police station saying that my car was involved in a hit and run and the victim was in the station. They only relented when I scanned and sent across the form 9 (transfer document) which I had got when I sold the car to the dealer. I obtained the low life's phone number from the dealer and called him to transfer the car in his name. As expected the low life flat out refused and said I could do whatever I wished. Then I went to the police station and complained that my car had been stolen by the low life, provided his details from vahan and filed a complaint. (The police knew the whole story and were in the act). The call from the police accusing the lowlife as a thief was enough to put the fear into him and he registered the car in his name within a week.
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Old 26th November 2018, 13:28   #119
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Default Re: Old car sold, new owner refusing to transfer ownership

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Originally Posted by pranjal1984 View Post
2. Received the payment from the buyer and handed him the documents , car and one key.
Good move there! 9 out of 10 folks are going to get the transfer done asap because of this.
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Originally Posted by pranjal1984 View Post
3. Made two sets of transfer papers, filled it up and signed on them. One set was handed over to the buyer and the other set was sent to RTO by Registered Post
How does sending these documents to RTO help? They aren't going to do anything without payment so how does a courier help here?
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Old 26th November 2018, 13:39   #120
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Default Re: Old car sold, new owner refusing to transfer ownership

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PS. It seems that the new owner is genuinely short of time. On our last visit, he agreed to sign any document for our satisfaction. So, if a new sale document needs to be drafted, he is ready for that also.

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does sending these documents to RTO help? They aren't going to do anything without payment so how does a courier help here?
Though this is NOT a fool-proof solution, but you can courier the NOC form (Form 29 or 30 of the RTO if I recall correctly) to the RTO with a copy of the delivery note signed by the buyer. If nothing else, there's a chance that the RTO will put the NOC on record indicating the start of transfer process. Also make this fact known clearly to the buyer, it may help put pressure on him to complete the paperwork from his side.
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