[hiren.mistry]

Originally Posted by hserus

Oh lord. Get the NOC cancelled would be my advice. Fairly tough now that you went and got a noc issued in the name of the buyer.

Remember - the NOC says in part "you have sold the vehicle to [xyz] for consideration received". Never do that with just part of the cash received.

And next time please never process rto documents for any except yourself, when selling to a 3rd party, only after you have received all the cash upfront.

There is an alternative - time consuming, involving giving an affidavit that the NOC in question has not been used, that the transaction is not complete etc. You had better consult a good lawyer first.

Guessed as much, I am deep poo.
I acted on good faith but I now realise my folly.
I will do just that, thanks a lot for your response. Much appreciated. Thanks.

[hiren.mistry]

This is what i found on one of RTO Sites for NOC Cancellation process:

1. Surrender the original copy of NOC obtained earlier to the original registering authority (RTO).
2. Certificate of the registering authority on whom the NOC was earlier issued stating that the said vehicle has not been registered at that office. This is also known as Non Utilization Certificate
3. An affidavit from the owner of the vehicle stating that he has not misused the vehicle and the NOC from the period of obtaining the NOC.
4. Fee Rs. 100 from all vehicles.
5. ID, Address Proof, PUC, RC Copy, Chassis Imprint

I could not determine the validity of the NOC, it can be 3 or 6 months.

Hope this helps others, and not make the same mistake I did.

Regards

[hserus]

Originally Posted by hiren.mistry

2. Certificate of the registering authority on whom the NOC was earlier issued stating that the said vehicle has not been registered at that office. This is also known as Non Utilization Certificate
3. An affidavit from the owner of the vehicle stating that he has not misused the vehicle and the NOC from the period of obtaining the NOC.

That reminds me - are the NOC and the car in your possession? Or did you hand over the NOC to the "buyer" already? In which case it is quite likely that the transfer process has already been initiated.

[hiren.mistry]

Originally Posted by hserus

That reminds me - are the NOC and the car in your possession? Or did you hand over the NOC to the "buyer" already? In which case it is quite likely that the transfer process has already been initiated.

Hi there,
Both, the NOC and car, are in my possession. I will surely not release them till the payment is clear.
Anyways, the issue is now sorted as the buyer will complete the payment by next week, or so he says.

Thanks for your inputs, much appreciated.

Regards

[hserus]

Originally Posted by hiren.mistry

Hi there,
Both, the NOC and car, are in my possession. I will surely not release them till the payment is clear.
Anyways, the issue is now sorted as the buyer will complete the payment by next week, or so he says.

Thanks for your inputs, much appreciated.

Regards

Well, good luck. If he pays up you have a lot less work to do, but please be careful when selling any more cars.

[MaxTorque]

Friends need some suggestions.
I want to sell my car and finalized a buyer (office colleague). The buyer is in Pune, but the RTO is different. He paid me some token amount and the major payment is pending from him. Now he has asked me to proceed for the issuing NOC in his name and will proceed with ownership transfers after receiving NOC. He proposed to hand over the payment while I physically hand over the car.

I think this is not correct procedure while looking from seller's point of view. I would like to keep the car with me till first week of September (due to some constraints) and I will be moving out of Pune by second week of September. In this case what can be done? I am looking for suggestions which will be suitable for both the parties.

Thanks in advance.

[hserus]

I seriously doubt that you need a noc for RTO transfer within the same city

And in several cities if the buyers address is in the same city you can just get it transferred at your current RTO itself

RTO NOC is for out of city / out of state transfers

[libranof1987]

Originally Posted by MaxTorque

Friends need some suggestions.
I want to sell my car and finalized a buyer (office colleague). The buyer is in Pune, but the RTO is different.

From what I gather, your car is MH14 while the buyer is in MH12, correct?

Any particular reason why the buyer insists on having a MH12 registration? Any MH reg. shouldn't be a problem for cops.

If the buyer insists on handing over cash only after you give the car, you can perhaps give the car but retain the RC till the full payment is received.

[sukiwa]

Originally Posted by MaxTorque

The buyer is in Pune, but the RTO is different. He paid me some token amount and the major payment is pending from him.

Better to get at least 50% of agreed amount before proceeding with paperwork.

Now he has asked me to proceed for the issuing NOC in his name and will proceed with ownership transfers after receiving NOC. He proposed to hand over the payment while I physically hand over the car.

Fairly safe approach for a buyer but not good for a seller. If buyer is office colleague, please insist on more payment. Even car dealer doesn't initiate paperwork till full payment is made/realised. Buyer can retain some amount as final payment when you handover the car & original RC.

Originally Posted by hserus

I seriously doubt that you need a noc for RTO transfer within the same city

As 2 different RTO as involved (MH14 & MH12), NOC would be required.

Originally Posted by libranof1987

Any particular reason why the buyer insists on having a MH12 registration? Any MH reg. shouldn't be a problem for cops.

NOC isn't just for changing registration to MH12, it's for notifying next RTO about new owner name & address. Car registration will continue to be MH14 in this case, RC would reflect new owner name & Pune (MH12) address.

If the buyer insists on handing over cash only after you give the car, you can perhaps give the car but retain the RC till the full payment is received.

Agree.

[MaxTorque]

Originally Posted by hserus

I seriously doubt that you need a noc for RTO transfer within the same city

It is required to get NOC even if the buyer in same city but the RTOs are different.

Originally Posted by libranof1987

From what I gather, your car is MH14 while the buyer is in MH12, correct?

Thank you Libran for the inputs.

Originally Posted by sukiwa

Better to get at least 50% of agreed amount before proceeding with paperwork.

Fairly safe approach for a buyer but not good for a seller. If buyer is office colleague, please insist on more payment. Even car dealer doesn't initiate paperwork till full payment is made/realised. Buyer can retain some amount as final payment when you handover the car & original RC.

Thank you Sukiwa for the tips. I was thinking of asking to hand over a DD for the entire amount before I hand over the keys and vehicle. If I am not wrong, my presence is required only for signing NOC related papers. Once that is done I can move out of Pune, right?

[sukiwa]

Originally Posted by MaxTorque

If I am not wrong, my presence is required only for signing NOC related papers. Once that is done I can move out of Pune, right?

You would also need to sign some other forms like form 29,30 & delivery note. Don't remember exact form numbers right now. But, please sign these only after substantial payment (close to 90%) has been made by the buyer.

[haria]

Originally Posted by MaxTorque

Friends need some suggestions.
I want to sell my car and finalized a buyer (office colleague). The buyer is in Pune, but the RTO is different. He paid me some token amount and the major payment is pending from him. Now he has asked me to proceed for the issuing NOC in his name and will proceed with ownership transfers after receiving NOC. He proposed to hand over the payment while I physically hand over the car.

Originally Posted by sukiwa

But, please sign these only after substantial payment (close to 90%) has been made by the buyer.

Why only 90% ? why NOT 100% ? No offense, but if for whatever reason the buyer delays the balance payment, unnecessary tensions and irritations are bound to happen.


Hi MaxTorque,

It all depends on your relationship/trust level with the buyer. If your colleague is a good Trust-able/reliable person ,you have a good rapport with him and you are 100% confident that he'll not break the trust, then and only then, agree for payment AFTER the transfer!

In all other cases, insist on FULL (no partial / loans/etc) settlement ONLY thru DD or Bank Transfer.

If the amount is greater than 1 Lakh, strongly recommend you NOT to consider cash mode. In fact, I would recommend you to NOT go for cash settlement irrespective of the amount.


The signing of the documents/hand-over of the car / payment ALL can happen in about max. 1 hour, if you do the necessary homework. Almost all questions/answers can be found in this forum itself!

Politely discuss with him/her, with a check list (preferably) and agree on the sequence of things. You can also point him/her to these discussions in this forum.

[hserus]

Originally Posted by haria

If your colleague is a good Trust-able/reliable person ,you have a good rapport with him and you are 100% confident that he'll not break the trust, then and only then, agree for payment AFTER the transfer!

I learnt a hard lesson once never to mix business and friendship.

Regardless of whether the buyer is a friend / relative, get the money upfront. In "white" - meaning as a cheque subject to realization, DD or NEFT / RTGS transfer. Preferably not even as a cheque - cheques can bounce after a delay, at times

[haria]

Originally Posted by hserus

Regardless of whether the buyer is a friend / relative, get the money upfront. In "white" - meaning as a cheque subject to realization, DD or NEFT / RTGS transfer. Preferably not even as a cheque - cheques can bounce after a delay, at times

Absolutely! I mentioned that ONLY because the op was asking whether it is OK to go ahead with transfer and then get the payment! If I were him, 100% upfront/settlement closure on the day of sale. No compromise.


Another major reason for making the transaction thru an instrument other than CASH is in a crux situation, this can also be used to prove the sale/purchase of the vehicle. This was suggested by a lawyer friend of mine. In case the buyer does not transfer the vehicle in his/her name and something untoward happen with the vehicle, having the transaction in "white" will definitely be added advantage, in addition to having the sale receipt/delivery note.

When I sold my car, I took the pain of taking a day-off, going to the RTO and getting a NOC filed along and insisting that the buyer transfers it within 1 week. I also wrote to the insurers about the transfer of ownership and asked them to update their records. I followed up with buyer and ensured that he got the vehicle transfered in his name within 2 weeks. This takes effort and some pain maybe there, but at least I have more peace of mind!

[typeOnegative]

I am posting after a very long time. I might be moving abroad for a longish spell and need to get rid of my two rides. Possibly to good owners. The problem is that one of them is a Fiat Petra, 1.6, 2004 model. I don't know if I will get a buyer for that. In which case I might have to junk the car, sad though it may be. Does anyone know of the procedure?