We sold out Maruti Suzuki wagon r to a buyer a month ago and now the buyer is refusing to transfer the ownership saying that he doesn't want the car anymore. The main problem is that my father did not do the proper paperwork and only signed on a blank form. There are witnesses who saw the entire process of payment and delivery of car but we don't have the papers to prove anything. We are really worried, please guide us with the best of your knowledge.
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1) How was payment received by cash or cheque .?
2) If funds have been credited to your father account from buyer then buyer is bound to transfer car in his name
3) refuse to refund money received
4) inform RTO about sale of car .issue public notice about sale of car
Dear Client,
The original owner (Transferer), who is selling the vehicle, has 14 days to notify the RTO where the vehicle was registered of the transfer by writing a letter with details on the new owner (Transferee). Should the new owner come under the purview of another RTO, the owner is required to notify that RTO in writing. The seller (Transferer) is released from all legal, tax, traffic, criminal, and other liabilities related to the car upon receiving an acknowledgement of receipt of the letter from the RTO. A delivery letter signed by the buyer (Transferee) must also be accepted by the seller. The transfer form is known as the TCA, or you can check with your local RTO office. Sending this by registered mail is required, and you must ensure that you receive an acknowledgement. Additionally, hold the delivery letter and acknowledgement from the new owner.
- 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 thereby request the official to change the ownership.
If your father had singed some papers for transfer of this vehicle after receiving full sale consideration amount, with the proof of receipt of the said amount, he can write to the concerned RTO stating that he has sold the vehicle on so and so date to which the buyer had transferred the sale consideration amount on so and so date by bank transfer. Hence you have no objection if the buyer is applying for name transfer and also that you will not be held liable for any consequences after the date of handing over possession.
You can send a copy of this intimation to the police station also o that the liability cannot be fixed on your father in case of any accident in the meantime.
He can stake steps to intimate the insurance company also about this sale/transfer.
You inform the same to the RTO and local police station that you have told the same and that person not transferring the same. After that you can send a legal notice to him
