Please first of all send a note to RTO also that you have sold the vehicle as such you may be saved to a little bit from any future damages for negligence done by person you sold vehicle.

Secondly it is your duty to ensure that vehicle is transferred to that person and law is clear on that point. If your advocate has suggested you to get matter settled in court better to get it done the court may refer it to lok adalath and once it issues a direction to buyer to register vehicle in his name you will be protected. There is nothing to worry these issues get solved within three to six months or even earlier.

1. Sale of any vehicle without any written document is always dangerous as in absence of proof of ownership and hence driving , in the event of any accident the registered owner is held responsible.

2. So if you have missed to make that agreement it is not not too later.

3. Ask him to make an agreement even now giving actual date when the ownership was transferred.

4. if the buyer doe not agree then send him a written notice on this account and inform the local police as well.

5. Inform the Motor Vehicle Department as well in writing so in future it takes into account the driver of the vehicle for all liabilities.

1. Sending him legal notice was not the best step in solving the problem. Moreover, how shall you send him Court summons when there is no case standing in his name?

2. You could have told him that you are going to register a theft case before the police in connection with your said scooter and in that case he will be arrested with the charge of stealing your scooter.

3. However, you should now send a letter to the RTO and also local police station informing about your said sale of your scooter to him which he is not recording with the Motor Vehicle Department.The said act of yours shall save you from further harassment in case he fatally injures someone while driving your vehicle.

Your lawyer shall wife a case for specific performance of agreement oral done by you, since you have transferred the scooter and now it is his duty to get it transferred for performance of his part.

The case will be filed the court shall issue summons on him, he has to be present before the court on summons , so it is a civil matter of and of very minimal.consoderation court shall try that both the parties compromise and second party undertakes his work.

In case he doesnot compromise than he has to file a reply of your plaint and than after that there shall be evidence of both parties after argument court decides matter.

Since this thing is apparent on facts and Court can send matter to lok adalat.

Where it will be decided fast and the judgement shall be binding.

SEE IT is responsibility of seller to insure that vechile is transferred on sale.

So inform RTO about this sale and give local police a information cum complaint so that in future you can be saved from.liabilty if any accident.

Before filing a case you can go for alternative dispute resolution. If that doesn't work then you can seek help from local police station. If then also Mr. Shaw do not return back the bike by taking the paid amount or he doesn't transfer name in his name then you can file a case in this regard.

1) you should inform RTO about sale of scooter by you .the transferor has to intimate the Regional Transport Offices (RTO) within 14 days of the transfer of ownership.

2) transferor and the transferee should file an application before the change of ownership and forms have been provided for the purpose. The transferor is required to fill Form 29 while the transferee is required to fill in the Form 30,

3) file complaint with local police station about non transfer of vehicle by purchaser

4) public notice can be published in at least one or two prominent local dailies of the city where the buyer resides, citing the non-transfer of ownership and explicitly stating that "the seller shall in no way whatsoever be responsible for any misdeeds,unlawful activities or any acts of omission or commission with the motor vehicle (state make, model,type of body,registration number, engine and chassis nos.)by the buyer or any other person who directly or indirectly uses the motor vehicle for such misdeeds,unlawful activities or any acts of omission or commission. The liability of such misdeeds,unlawful activities or any acts of omission or commission shall solely rest with the buyer of the motor vehicle."

Hello Good Morning,

You are in a peculiar situation .

Yes your lawyer is taking the right steps but I would like to advice you to make an agreement stamped by notary and ask him to sign on it and if he refuses only then you should proceed with the case as it will take years to get problem solved .

You can contact me if you have other queries or in case you need any help relating to this .

Your local lawyer is going on the right track.

If he feigns ignorance to your legal notice, it would be appropriate that you institute a case against him for recovery of your scooter.

Since you have initiated legal process you may follow It up in the same.manner instead of getting confused over the various steps suggested by various lawyers of this forum.

Dear Client,

Very recently Hon`ble Supreme Court has held If The Transfer Of Vehicle Is Not Registered With Authority, Original Owner Is Liable.

So, without any delay, file case for recovery of scooter/transfer of name, wont`t take long time to settle the issue through court.

I do not find any cogent reason to file any suit. No need to entangle into unnecessary legal hassle. However sending legal notice was appropriate but the words 'to return the sold vehicle' is not appropriate as per my view. As per my opinion the substance of the notice served by your lawyer is not adequate.

As you have informed him about the transfer it is his duty to get it done. You just inform the same time your regional Transport office and local police station and rest is not your problem. Once you make a sale and hand over the said vehicle to buyer it's his liability to transfer the same.