[sandx]

Probably the best way to sell a car . Not sure if it has been posted before.

https://amp.scroll.in/article/857571...1-year-old-car

[pradeepnair]

@hserus

Need your help for more clarity.

I had sold my OHC 2002 to a person and followed the process mentioned in this thread.

To hand over to the buyer:

1. Form No.28 - 3 Originals.
2. Form No.29 -
3. Form No.30 -
4. Delivery note
5. Registration certificate (Original).
6. RTO tax documents (Original).
7. Insurance policy - Not included
8. Duplicate keys.
9. Form No.35 - Have kept the document ready. Since I lost the original NOC I have applied to the Finance Company and will get it in 10 days' time.

The following copies are retained myself:

1. Form No.28 (Copy).
2. Form No.29 (Copy).
3. Form No.30 (Copy).
4. Delivery note (Original).
5. Govt. issued photo id of the buyer (aadhar card and driving license Copy duly signed by him).
6. Registration, RTO tax papers & insurance policy of the car (Copy).
8. Finance company NOC (waiting for NOC duplicate

The Buyer told me that he will register to his name only in the month of February 2018. Even though I had asked him why the delay, his reply was inconclusive. Informed him that as per rule he has to transfer the car to his name in 15 days' time.

Shall I wait till beginning of February 2018 before I submit the papers to RTO. Also should I give him amount paid receipt of the car sales amount.

[hserus]

Originally Posted by pradeepnair

The Buyer told me that he will register to his name only in the month of February 2018. Even though I had asked him why the delay, his reply was inconclusive. Informed him that as per rule he has to transfer the car to his name in 15 days' time.

Shall I wait till beginning of February 2018 before I submit the papers to RTO. Also should I give him amount paid receipt of the car sales amount.

Once you have signed the transfer papers to the buyer's name give him the receipt and delivery note, insurance transfer letter.

Then immediately lodge a copy of the paperwork in your local RTO.

This guy can take his own sweet time to make the transfer, he is probably a park and sell type dealer who will use the car for his own purposes for a month or two before he can find a buyer, and doesn't want to sell a 3rd hand car.

So let him do that, but once you lodge a copy of the paperwork at the RTO and take back a copy of your covering letter to them mentioning all sale details, that has an RTO stamp on it, you are covered against any future legal liability related to the car.

[pradeepnair]

Originally Posted by hserus

Once you have signed the transfer papers to the buyer's name give him the receipt and delivery note, insurance transfer letter.

Then immediately lodge a copy of the paperwork in your local RTO.

This guy can take his own sweet time to make the transfer, he is probably a park and sell type dealer who will use the car for his own purposes for a month or two before he can find a buyer, and doesn't want to sell a 3rd hand car.

So let him do that, but once you lodge a copy of the paperwork at the RTO and take back a copy of your covering letter to them mentioning all sale details, that has an RTO stamp on it, you are covered against any future legal liability related to the car.

Thank you very much. I had not given the NOC of the Hire Purchase agreement from the Financier. As I had mentioned, the duplicate NOC is expected this week. Also I need to give the receipt of the payment received. If I lodge the copy of the paperwork to RTO, do I need to submit the NOC also again to RTO. Thanks in advance again.

[hserus]

Submit a full set of paperwork to the RTO as soon as you can.

[M35]

I am selling my car to a person who belongs to a different RTO jurisdiction both within Kerala, from Palakkad to Vaikom to be precise. What is the current practice for the transfer of ownership. Who has to initiate the procedure ?

[get2bid]

Originally Posted by M35

I am selling my car to a person who belongs to a different RTO jurisdiction both within Kerala, from Palakkad to Vaikom to be precise. What is the current practice for the transfer of ownership. Who has to initiate the procedure ?

I faced a similar situation a couple of months back with my bike.
If the vehicle is not hypothecated with a bank, you need to approach your RTO for a NOC which is valid for 3 months (I think). Then the buyer needs to approach his RTO with the NOC, RC, transfer papers (Form 28,29,30), Delivery note, Insurance and PUC, address proof along with the required fees. The new RC should be mailed to the buyers address within 10-15 days.

In case the vehicle is hypothecated with the bank, you will need the additional NOC from the bank as well.
Hope this helps.

[M35]

Originally Posted by get2bid

I faced a similar situation a couple of months back with my bike.

Thanks for the quick reply. Was it done in Kerala? As Kerala Motor Vehicle department portal has separate facility to apply online for an ownership transfer.

Originally Posted by get2bid

If the vehicle is not hypothecated with a bank, you need to approach your RTO for a NOC which is valid for 3 months (I think).

What all documents did you have to submit for the NOC from the RTO ?

[get2bid]

Originally Posted by M35

Thanks for the quick reply. Was it done in Kerala? As Kerala Motor Vehicle department portal has separate facility to apply online for an ownership transfer.

No this was not in Kerala. This was in Telangana. The Telangana portal also has this option where I need to apply online and book a time slot for the NOC. Once the appointment is confirmed, you need to pay a nominal fee of Rs:300/- which can be paid online or at the counter at the RTO. I would assume that the process is the same even in Kerala.

Originally Posted by M35

What all documents did you have to submit for the NOC from the RTO ?

Original RC along with a copy of Id proof. The original RC will be retained by the RTO and you will be given a NOC document which would need to be submitted by the buyer at his RTO.

[wooka]

Team,

I've bought a used car (well it is in the family) and the time to transfer it has come. It's a UP registered car and I have a Delhi address. All the local touts claim very clearly that interstate registrations into Delhi aren't happening, courtesy of the NGT. I find this very strange.

They claim (much to their own benefit, cause, touts) that I'm better off applying for a UP-based residence and then slog it out at the RTO. The going rate seems to be 3 grand for transferring etc. A far cry from organized RTOs like those in Delhi or Chandigarh.

Can anyone shed light on the validity of these statements?

[hserus]

Any interstate transfer at all is tough and required re registration and payment of life tax. You had better find a UP address proof and re register.

You won’t even need an agent for that. Straightforward process.

[Styler]

Guys. I need urgent advice.
I have a 14 year old Non-CRDE Scorpio in Perfect Condition with no expenses at all.
My mechanics have found a buyer in one of the listed districts of UP to buy the car.
The price is 1.25 lacs to me and .20 lacs to the Mechanics.
The buyer takes care of the expenses of NOC and Transfer.
I wanted that that I give physical possession of the Car only when it is transferred.
The buyer says that he will give me an Advance and apply for the NOC in his name, and it will come to my address. The car will remain with me till the NOC Comes.
Once the NOC Comes he will take all the papers with his name and Address and the date of sale mentioned in it.
I will take the letter of handing over possession of the car, get the payment and they will take the car. They need to take the car there to get it transferred.
Is it safe to sell it in this way ?
Urgent advise needed.

[Styler]

Originally Posted by Styler

Guys. I need urgent advice.
I have a 14 year old Non-CRDE Scorpio in Perfect Condition with no expenses at all.
My mechanics have found a buyer in one of the listed districts of UP to buy the car.
The price is 1.25 lacs to me and .20 lacs to the Mechanics.
The buyer takes care of the expenses of NOC and Transfer.
I wanted that that I give physical possession of the Car only when it is transferred.
The buyer says that he will give me an Advance and apply for the NOC in his name, and it will come to my address. The car will remain with me till the NOC Comes.
Once the NOC Comes he will take all the papers with his name and Address and the date of sale mentioned in it.
I will take the letter of handing over possession of the car, get the payment and they will take the car. They need to take the car there to get it transferred.
Is it safe to sell it in this way ?
Urgent advise needed.

The update is that I have got an advance of Rs 20K from the seller. I have given him the documents required for the NOC.
Once the NOC comes, he will pay the balance and take the rest of the documents including form 29, 30 , Insurance, along with the Car. I will take the Affidavit for indemnity, and the delivery report.

If by any change NOC is refused, I will refund his Advance, and the car is still home.

GTO I just saw this thread yesterday. Thanks for the comprehensive information here. It will be nice if we can get All the forms in Word Format so that they can be filled on the computer and signed.
I did manage to edit and digitally fill the PDF forms using some PDG editing software.

[bdutta]

Folk,

Need clarification on two points. I am trying to sell my 14.8yr old Wagon-R LX.

1. Is it advisable to first get the Fitness-Certificate work done, and then sell ?

2. In GTO's original post it is said that:

• Notify your insurance company of the transfer (in case insurance was part of the deal) or cancellation (in case you are retaining your insurance premium) via registered post. If you visit the insurance company in person, take an “acknowledgement” stamp on a copy of your application.

Noticed that every potential seller is asking about the insurance validity (which is indeed valid for another 6 months).
a) Is insurance transfer (to buyer) a standard norm - almost always followed ?
b) In this case i.e. if insurance is transferred, do I still get to claim the NCB for my other (1yr old) car's renewal ?
c) Is there a reason why I should choose not to transfer the insurance and instead cancel it ? The full year premium was around 6K INR.
d) Anyone has experience of doing transfer / cancellation of insurance taken via MAS (NATMAR network), issued by 'New India Assurnace' ? How is the experience ? Does MAS help with it ?

[joybhowmik]

A friend of mine who shall remain anonymous sold his car in 2011.

The following is an excerpt from a social media post:

I sold a car some years ago. Took all precautions on paperwork and got all indemnification done. Dealer sold to someone. That someone turned out to be an XXX who crashed YYY's car a few weeks ago at 1 am in ZZZ. The YYY shows up at the station and raises hell that the culprits be nabbed on the spot. The cops searching the license plate show up at my house. I’m travelling so they raise hell and wake up my wife and 17 year old. No warrant, no complaint, nothing. They tell her I’m hiding in the house and she is lying. Meanwhile my office calls the cops and explains the status. The cop still doesn’t go away. My relative arrives and they argue that it’s not possible to open up the archives at 4am to retrieve the papers.

Finally they leave when my office goes to the station with the papers. The lesson by the way - motor vehicles act puts the onus on you the seller to ensure the car is registered in 90 days else sale is considered rescinded and you are the owner again along with all the liability. The YYY wants to prosecute me.

Finally we tracked the dealer and got him involved. So not going to jail anytime soon.
Signed Delivery Note and transfer and 10 other things. The final owner never registered it in his name.

MV act says if not registered in 30 days it rescinds the sale. The onus is yours. The solution advised by my lawyer is to separately notify RTO by a letter that I have sold the vehicle and take a receiving of that letter.

My questions:
1) Is there any provision in the MV act that rescinds sale in 30 or 90 days despite a signed delivery note? My understanding is that the DN is a legally permissible document.
2) What legal recourse does my friend have?
3) Is there any variation in the provisions of law, across States and UTs of the Indian Union?