[benbsb29]

My Father In Law passed away in February, and had included my wife’s name as a nominee in the insurance. However, as my wife is not in India at the moment, we would rather have the ownership transferred to either my Mother In Law or my Brother In Law.

What documents are required for this process and how do we go about it?

[condor]

Originally Posted by benbsb29

My Father In Law passed away in February, and had included my wife’s name as a nominee in the insurance.

Benny, are you mixing up nominee for insurance vs nominee for ownership ?

The concept of nominee for ownership has come up in the news in the past few days.

[benbsb29]

Originally Posted by condor

Benny, are you mixing up nominee for insurance vs nominee for ownership ?

The concept of nominee for ownership has come up in the news in the past few days.

Quite possible. Thanks for clarifying.
In that case, the second part of my question becomes applicable, in terms of what documents are required?

[condor]

Originally Posted by benbsb29

Quite possible. Thanks for clarifying.
In that case, the second part of my question becomes applicable, in terms of what documents are required?

A transfer by itself is quite simple. But in case of death of owner, I believe it will be treated like any other asset. if the will states ownership - then easy. Most times people dont specify vehicles in the will. So it would then go the legal process of death certificate, family tree, NOC by family members etc.

Some one who has been through this can help better.

[kvothe_rules]

Originally Posted by condor

A transfer by itself is quite simple. But in case of death of owner, I believe it will be treated like any other asset. if the will states ownership - then easy. Most times people dont specify vehicles in the will. So it would then go the legal process of death certificate, family tree, NOC by family members etc.

Some one who has been through this can help better.

Where the deceased has left no will
The legal way to do this in Kerala at least is to inform the RTO of the death, then show the legal heir certificates and if you have decided who should get the car, then affidavits with no objection by the other legal heirs.
After this, the RTO will call for an in-person hearing. For those legal heirs who are not present, they need to send another affidavit from the consulate where they are located saying they cannot attend.
Once all this is done, then the car transfer can proceed

Where the deceased has left a will
No in person hearing is required. Refer to skiitian's post (Transfer of registration after death of vehicle's owner?)

Alternate but not strictly legal
You will have to round trip the transfers through trusted extended family to make it easy.

This is what I have learnt. Some RTOs in other states do not have this misery of in-person hearings required but in general, without legal heir certificates ( which take an inordinate amount of time) no transfer can happen if you want to follow the rules diligently.

[tharian]

Required some information on the steps to be done to sell a scooter who's owner is no more.
Is there an online option to complete the transfer to the kin or does it have to be done by going to RTO and what documents are required. It for a friend who's father passed away recently and the mother wants to sell his scooter and I am assisting in that since she is not aware of the procedures. The mother will be signing the sale papers.

[skoda0505]

Hi, Need some advice - my FIL recently passed away and we need to get his vehicles (Swift and Activa) transferred to the legal heirs. Here are some of the problems:
- We (Mother-in-law, wife, me) are in Noida and the vehicles belong to HR51 (FBD)
- Brother-in-law is in Malaysia and not planning to come down to Noida in near term.
- Mother-in-law is quite old and cannot walk, so basically physical presence in any RTO is possible only by my wife.

What are the options for us to change the ownership, given these challenges?

[PetrolRider]

Plenty of information in this thread and thank you everyone in TBHP for this wonderful knowledge bank.

My father passed away recently, and we are in process of applying for legal hair. There will be multiple legal hairs and of course no nominee mentioned in RC.


Problem is few of legal hairs are not Indian citizens anymore, rather they even do not possess any of Indian legal papers (PAN/AADHAAR etc) with them. They obviously stay abroad.
How this NOC / affidavit process shall work in that case when I try transferring the RC to my Mom' name?


The car in question is a 9 year old Chevy Sail-UVA with almost 0 resale value. The condition of the car also does not exactly warrant a keep. Also, car is 2 hour flight from my place. Considering how Govt machinery moves in our country the 3 months time limit is stupid. I would have to spend quiet an amount in paying fine etc. Would it be possible to scrap the car on account of owner' death rather than going through all the hassle of ownership change etc?

[abhikb]

Originally Posted by PetrolRider

Plenty of information in this thread and thank you everyone in TBHP for this wonderful knowledge bank.

My father passed away recently, and we are in process of applying for legal hair. There will be multiple legal hairs and of course no nominee mentioned in RC.


Problem is few of legal hairs are not Indian citizens anymore, rather they even do not possess any of Indian legal papers (PAN/AADHAAR etc) with them. They obviously stay abroad.
How this NOC / affidavit process shall work in that case when I try transferring the RC to my Mom' name?


The car in question is a 9 year old Chevy Sail-UVA with almost 0 resale value. The condition of the car also does not exactly warrant a keep. Also, car is 2 hour flight from my place. Considering how Govt machinery moves in our country the 3 months time limit is stupid. I would have to spend quiet an amount in paying fine etc. Would it be possible to scrap the car on account of owner' death rather than going through all the hassle of ownership change etc?

Hi, have recently gone through this hassle as my father had passed away in March this year leaving behind 2 cars and 2 two wheelers in his name.

The process is simple and is concludable in few weeks time, firstly you need to hire a lawyer and prepare a legal document mentioning the death of the owner, vehicle details, name of the legal heirs and lastly under whose name you wish to get the RC transferred out of all the legal heirs.

The document is required to be signed by all the legal heirs and the same needs to be notarized. Then you need to apply at the RTO and do the further process.

In my case, I sold both the cars after my father’s death and bought a new one within the same amount on my mothers name since we actually didn’t need so many cars (I have my own car other than my father’s cars), the two wheelers were transferred as per the process mentioned above.

[Ruchir031]

Originally Posted by mpksuhas

I too was in exact same situation last year.

We were planning on selling my dad's Eeco around 2.5 years after his death. The process you mentioned is the correct one. Transfer it to one of the legal heirs and then sell to another individual. Yes, the RC will show one additional owner.

The Maruti Truevalue person whom we had interacted that time mentioned that it was possible to get the transfer done without changing RC to any family member if one produces legal heir document, death certificate and a notarized letter signed by all legal heirs together.

However, later he backed off from that saying that was not possible.

Could you walk me through the process of transferring the car in Delhi?
My dad passed away 5 years ago and since I was abroad and my mother had no use for the car we never bothered transferring it. Now I wish to sell it but am not sure if transferring after so many years is going to be a big hassle. If you could guide me it'd be a big help.
Thank you

[mpksuhas]

Originally Posted by Ruchir031

Could you walk me through the process of transferring the car in Delhi?

Not aware if there are any specific changes in process related to Delhi. However, don't think there will be any major difference in process compared to what we did.

What you will have to do is to get the vehicle transferred to your mothers name first. After that, once you get the seller of the vehicle, your mother will be the one who will be selling the vehicle in her name to the seller.

Do note that this will add one more count to the ownership count.

There are two ways to approach it -

1. You get the vehicle transferred to your mother immediately, without waiting for a buyer for the car. This helps in clearing things from your end, no delay related to paper work once you find buyer.
However, depending on RTO load, new RC, in your mothers name may take a while to arrive, hence you may have to wait till that happens for continuing with sale.

2. Once you find a buyer, inform them about the name change pending from your side. Submit for name change to your mother, once its done the buyer has to change name again.


Of these two, I would suggest you go with option 1. That seems to be the only feasible option for you in this case.

We had gone for option 2, since luckily for us, when we were looking for a car, Maruti dealer was having True value showroom also. So they were okay for getting the car transferred to moms name by themselves.
They did it so as to get us pick new car from them itself and also since by time the name transfer happens, they can display the old car in their used car showroom and get any lead for new sale.

With a individual buyer I would have bene more apprehensive, as in if due to some issue the name transfer gets stuck and the new buyer does not follow it up, it becomes difficult.


Regarding paper work, we had given a notarized writing mentioning that all 3 of us (mother, myself & my brother) are the legal heirs we would like to get vehicle transferred in mothers name. Along with that, mothers address / ID proof & dads death certificate was also provided.

[PetrolRider]

Originally Posted by mpksuhas

Regarding paper work, we had given a notarized writing mentioning that all 3 of us (mother, myself & my brother) are the legal heirs we would like to get vehicle transferred in mothers name. Along with that, mothers address / ID proof & dads death certificate was also provided.

Do you by any chance have a format of the notarized letter? Does it have to be just notarized or registered also?
Also, the letter has to be on any paper or stamp paper ?

Sorry for so many questions and thank you in advance.

[mpksuhas]

Originally Posted by PetrolRider

Do you by any chance have a format of the notarized letter? Does it have to be just notarized or registered also?
Also, the letter has to be on any paper or stamp paper ?)

Extremely sorry for the late reply.
1. Registered letter may not do is what my understanding it since that is just a medium of posting.
2. Don't have the format as such since it was typed by Maruti true value and handed over for signing. But it had basic content, saying vehicle number so and so this model, was owned by my 'relation', who passed away on so and so date, death certificate copy kept along, with the certificate number mentioned in the letter. None of us legal heirs - name and relation have any objection in having the same transferred to so and so on this date.

We had legal heir certificate already made for some other purpose, so attached a copy of that too as an additional measure though was not asked for.

[PetrolRider]

Originally Posted by mpksuhas

We had legal heir certificate already made for some other purpose, so attached a copy of that too as an additional measure though was not asked for.

Thank you very much for replying. I have taken help of a local agent to proceed with the work.
As per the agent, RTO may take a lenient approach if I transfer the car to my Mother' name with the details that all of us sibling are not staying in the state. Let me see how the process is moving, will update the thread accordingly.

[arjab]

Originally Posted by PetrolRider

Thank you very much for replying. I have taken help of a local agent to proceed with the work.
As per the agent, RTO may take a lenient approach if I transfer the car to my Mother' name with the details that all of us sibling are not staying in the state. Let me see how the process is moving, will update the thread accordingly.

The transfer to the next of kin is not much of a problem if the name of the next of kin is mentioned in the Death Certificate. Recently my mother in law passed away. She had a vehicle in her name. On the Death Certificate it was mentioned "Wife of XXXX" that is my father in law. I approached Kolkata RTO with the Death Certificate and the transfer was effected to my father in law's name. No second owner on paper.

If there is a Will of the deceased person, then you have to wait till the probate on the will has been passed by the court. Then all movable and immovable properties of the deceased can bequeathed as per the Will. In this case, instead of death certificate, a copy of the Will and the Probate is required.