Car ownership not transferred; original owner asks more money

Now I don’t know if he’s telling the truth or not but a few questions come to my mind after hearing this.

BHPian Thechakshu recently shared this with other enthusiasts.

On one fine evening in November 2019, while driving on the highway, my car hit a dog who came out of nowhere to cross the road. Fortunately, the dog survived with a few bruises as the car slowed down in no time. But the car bumper was damaged. So I approached the dealership and asked to change it along with headlights as they were also pretty foggy at the time under insurance. He asked me to provide the Aadhar card and Pan card of the owner and that’s when I realized the car is not in my name.

When I was a kid, my father bought this Toyota Innova 2010 in 2012 from one of his friends and the ownership of the car was never transferred to his name but unfortunately, my father passed away in July 2019. And when this incident happened, I approached the guy and asked him to provide me the documents for the insurance claim and he was of the mindset that I was trying to dupe him by fraudulently transferring the car to my name by attaching his documents and forging his signature and he refused. I sent him the car photos and even sent him the insurance claim form to sign. Eventually he provided the documents and signed the form and my car was repaired.

But when I asked him to transfer the car in my name, he refused and said that I pay him ₹75,000 (for the car) + ₹25,000 (for the number) but I couldn’t figure out why so I asked him and he told me that when my father bought the car, he didn’t pay this amount. Now I don’t know if he’s telling the truth or not but a few questions come to my mind after hearing this-

1- Let’s suppose that this is true and if there was any amount due, why didn’t he ask in the past 7 years when my father was alive? I mean if it was me, I wouldn’t even give the car to someone until I receive the complete amount and even if I gave it, then I would be a nightmare for them until they pay me and I’ll be doing everything from calling daily to visiting them again and again.

2- If it isn’t true, then why is he doing this?

3- Why isn’t there any agreement between them for the sale of the car?

4- What if there is a serious accident, then the owner will be liable? How can he be that stupid to not see that?

Anyways, now it’s 2021 and I can’t drive the vehicle in Delhi NCR and I’m thinking of selling the car but I can’t do it because of this guy.

I’ve also asked some common friends of my father and that guy to mediate and convince him but they all said that this guy is a nightmare to deal with and has disputes with almost all of them regarding different matters already. This is what they told me, “He is a well connected political man but lacks character.”

And also note that since the 2019 incident, he never called me (not even once) or asked me to pay him.

Now I have no clue how to deal with this. Please suggest what options do I have, if any and what should I do in this case?

P.S.- I am not in a mood to pay this extortionist a single penny.

Here's what BHPian gkveda had to say on the matter:

If paper work is not done immediately after the sale transaction, these sorts of issues are bound to happen.

Since the original purchaser is not alive (your father), you are in weak position. However, since the transaction has happened in 2012, I assume, your father must have got the papers signed by him (form 29 and 30) and kept it somewhere in the house. The reason why I assume your father must have got the papers signed is, the earlier owner is a well connected man who has political connections. So, he would definitely know that owner is responsible for transfer of the vehicles after sale. And that if car is caught in any illegal transactions, the owner would be held responsible. So, to secure himself, he would have got delivery note signed by your father. Your father definitely would not sign delivery note without his signatures on owner transfer forms.

So, I suggest you look out for those papers at all corners of home. If by chance, you get them, you can easily and immediately transfer the car to your name (if the registration is still allowed).

If the papers are not available, then either you negotiate with him for 50% of what is asked and close the deal. Or run the car for a few more years and sell it to some agents who can purchase without documents at whatever price they ask. You have zero risk even if they use the car illegally since it is owners responsibility to transfer the car. (Anyways, you have to scrap it because of 15 years rules).

But one point I did not understand in the whole transaction is, if you have purchased the car in 2012, how are you able to renew the insurance for 9-10 years?

Here's what BHPian Turbanator had to say on the matter:

If this guy has a lot of money, perhaps he didn't ask your father because of any favours or past relations they had. It's not a big amount (relatively). But, if he is an Ok'ish person, then definitely he is trying to make a buck- why? Again, can be of any past incident or just his nature.

I will suggest going and meeting this guy with a set of papers and carrying money with you. When you are face to face, things will be different. No matter how bad a person is, he will have respect for a known departed soul. Tell him you were not aware of this and don't have extra funds too. If he agrees, it's fine. Else pay and get the papers signed and move on.

Think of it as an expense, am sure, you will be better off settling, either way.

Here's what GTO had to say on the matter:

Even a 2010 Innova is surely worth more than 75k - 1 lakh. Go with cash, sit on the table and negotiate. Whatever figure you close it at (whether 1 lakh or 50 grand) will deliver a net benefit for you, as you will be able to get more by selling the car out of Delhi.

It's his word against your late father's. In the absence of any proof, there is no other way out. End the hassle, pay up and move on. After all, it was also your dad's fault for not transferring the car to his name. It is illegal.

In a less-than-ideal situation, this is the only win-win I see.

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