Hi, I am currently outside of country, and my family is in India. I had a bike which we have rarely used, and one day my brother got a good deal to sell the bike, and he sold him after discussing with me. However, we later realized that RC book is missing, and we could not transfer the bike to buyer's name due to missing RC book. Buyer readily took the bike without RC transfer as he said he has a xerox copy in the bike which is sufficient during local travel. We are worried that since the bike is no longer with us, and has not been transferred (since its in our name), if God forbid something goes wrong with the bike or is misused in any way, then the registration is still in our name, and we may be held accountable. We do have the details of the person to whom the bike was sold and he said he uses it for local travel. But we don't know him personally. In such a situation, where I am not physically present in India to make a duplicate RC book after filing FIR in order to transfer bike to his name, what are the alternatives available? Would like to know if we can do something like mentioning the details of bike sell over whatsapp to his number so that God forbid if something goes wrong with the bike or is misused in any way then we won't be held accountable for the same. Or is it better to just contact the person and get the bike back? The bike was sold more than a year and half back.
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An affidavit must be made by the owner of the bike and the buyer and duly notarized and it should be clearly stated that you are selling this bike to him. That is not the same thing as transfer but a step forward.
For transfer give a PoA to your brother and he will transfer the bike on behalf of the owner ie you.
It should be done expeditiously.
I am not in India currently. Can the affidavit be done remotely?
Until the vehicle has not been transferred to his name following the procedures as laid down in the motor vehicles act, the buyer cannot be termed as the owner and the ownership of the vehicle shall remain on the original owner itself.
Therefore any such incident as anticipated or apprehended shall make the original owner liable including the criminal case if the vehicle had been misused by the buyer.
You may have to take steps to legally transfer the vehicle to the buyer or can return his amount and take back the vehicle till such time you have made the duplicate RC book ready.
You may follow the procedures for obtaining duplicate RC book as per the law.
Yeah it can be done. Notarize it from a public notary in the US and send it to India. But affidavit on a stamp paper cannot be done when you are in the US.
That can be done by your brother through PoA.
In fact the whole transfer can be executed by him through the PoA.
The affidavit duly sworn may have be attested by a notary public of that country with two witnesses attesting your signature.
If you lost your RC book first you must lodge a complaint in the local police station where you lost your RC book. An application for the issue of a duplicate Certificate of Registration shall be made in Form 26. Pay the appropriate fee as specified in Rule 81 of the Central Motor Vehicle Rules 1989.
The cops will issue you a challan that states you have lost your RC card. Make an application for a duplicate RC book copy in the prescribed form – Form 26. ... Attach all the documents along with the filled-up Form-26 and submit it to the RTO officer for verification. After verification, the officer will sign the file.
You cannot follow all these procedures sitting in a remote place out of the country.
Alternately you can authorise anyone with a GPA deed to carry out the said tasks on your behalf and this GPA should be executed in the country of your current residence duly attested by a notary public of that country or by an official of the Indian high commission or embassy.
Thank you Rahul and Kalaiselvan ji for your inputs. As per your suggestion, if I make an affidavit duly sworn and attested by a notary public of my current country with two witnesses attesting signature, then do I need to courier it to the buyer to sign it in India as well? What should the affidavit contain? Is there an online template you can share or some guidance on what needs to be written? Thanks for all your help!
The affidavit should simply state that you have sold the bike to the oerosn mentioned in the affidavit. It should also specifically mention that no liability can be incurred by you in case ot any mishap.
- Until and unless any vehicle is not transferred to new buyer, the new buyer cannot be termed as the owner and the ownership of the vehicle will be with the original owner only.
- Hence any incident happened by new buyer will make the original owner liable which includes the criminal cases, Insurance cases.
- So You have to legally transfer the bike to the new buyer.
You can return his amount and take back the bike but you will loose 1.5 years use by him.
- But better get it transferred to new buyer through brother or any other relative.
This can be done through POA (SPA).
Make POA on stamp paper or plain paper and Notarize it from a public notary or Indian embassy/consulate and send it to India.
- Affidavit will not solve your problem completely.
It can give you protection in case but still you have to fight case.
Even your brother can make affidavit on your behalf in India.
The Notary lawyer will make the affidavit.
1) You would be held accountable if bike registration is in your name
2) you should inform RTO about sale of bike by you
3) also issue public notice that bike has been sold by you to x person and you would not be responsible in case bike is misused
4) you can also execute affidavit about sale of bike have it duly notarised
Your lawyer can forward affidavit on stamp paper to you by courier
Also ask buyer to execute affidavit that he has bought bike from you for x amount and he shall transfer bike in his name
1. On transfer of vehicle the information about transfer has to be sent under Motor Vehicles Act to the jurisdictional RTO.
2. Unless the RC is transferred to buyer the seller would remain the owner of vehicle.
3. If the bike is found involves in the commission of a crime then you would be held liable.
4. Sent the intimation to RTO immediately.
What is the affidavit are you referring here.
The so called affidavit may not protect your interests.
However if you still insist on the said affidavit without a willingness to follow the legal step to come out of this problem permanently, you can contact an advocate of your choice and go ahead with the preparation of affidavit or all such further acts in this regard.
1. Apply for the fresh RC book from abroad after filing a missing complaint GD with your police station in India.
2. Thereafter send a letter to the RTO under copy to the local police station informing that you have sold and handed over possession of your said bike to Mr. such and such staying at such and such place after receipt of Rs, such and such through cheque (or cash if it is not through cheque) and the RC could not be transferred in his name for want of the RC book, fresh copy of which you have already applied for.
3. This is a common mistake made by bike sellers.
You can get the affidavit printed on the Rs.10 stamp paper and thereafter get it attested/notarised by the appropriate officer of your local Indian Consulate.
1. You shall have to get the affidavit attested/notarised by the appropriate officer of local Indian Consulate and thereafter it shall have to be sent top India for getting a Rs.50/- stamp affixed on it by the Stamp Collector in India to make the said affidavit valid in India.
2. Get the affidavit drafted by a lawyer and not on templates since all legal documents are unique in natiue.
Dear Sir/Ma'am,
1. since the registration is still in your name and the bike has not been transferred to the buyer you will be the owner. therefore you can be held liable for any incident.
2. however, now you can inform the RTO and also file an affidavit regarding the sale.
3. This affidavit has to be notarized and signed by 2 witnesses.
4. the buyer can also execute an affidavit stating he has bought the same from you.
5. since you are in another country, you can assign a general power of attorney (GPA) residing in India, and that person can fulfill all the requisite procedures.
6. for the execution of GPA, it should be done where you are living at present and attested by the Indian embassy or High commission there.
Thank You
- As per the Supreme Court Judgment, if you sold your vehicle and failed to transfer the ownership through legal way, then you will remain the owner of the vehicle, and further you will be responsible for any untoward incident and accident by the buyer.
- As per the Indian Motor Vehicle, the transferor (seller) has to inform the Regional Transport Offices (RTO) within 14 days of the transfer of ownership.
- Further , this Act also instructs the transferee (buyer) to inform the RTO about the change in vehicle ownership and produce all the required documents within 30 days of the transfer.
- You should first lodged your complaint with the police station after narrating all the facts and submit all the documents you have in your support.
- Further also inform the RTO in written, after enclosing the said police complaint receiving copy and the said affidavit which you have already prepared , and thereby request the official to change the ownership in the name of the purchaser.
- This compliant of missing RC can be filed online as well.
