I had gifted by car to my brother-in-law and he did not transfer the car to his name, after an year he contacted one dealer and sold the car. So, after selling the car I received the NOC with comments that "Sold the Vehicle in other Registering Authority" and the name of the person to whom car is sold. The car is sold outside the state. Now after an year when I tried to search my car details online I still see the car ownership under my name. Will it be a concern for me or I am safe. If its a concern, what steps should I take. Requesting your inputs. Thanks.
If the car was registered in a different state and that too in the name of the buyer then it is confirmed that the car has been officially transferred to his name.
Whatever, you keep the documents received by you safely so that you can defend your future interests if any that arise.
Inform RTO about sale of car by you
2)
enclose copy of delivery note received by you and proof of payments received by you .
3) also send letter to local police station that purchaser has not transferred car in his name yet and you apprehend car may be used for terrorist activities .
4) you can also publish public notice in 2 local newspapers that the seller shall in no way whatsoever be responsible for any misdeeds,unlawful activities or any acts of omission or commission with the car (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 car 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 car."
If an offence like accident, transporting contraband is committed using your car, being still owner you will also be held liable. You need to ensure that ownership is legally transferred to the possessor of car.
The risk is if the car is involved in any traffic offence or crime later, God forbid, it will be traced back to you as the registered owner. In your own interest, ask the dealer how the car was sold to a third party without re-registering it in that person's name. Write to the Transport Authority that you had sold the car to another person on such and such a date, and still in their records you are shown as its registered owner. Better still, issue a public notice in a leading English and a local newspaper mentioning all the relevant facts and cautioning them about the true ownership of your car. If you take all these precautions, you are legally safe.
- 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.
Dear client,
Yes, it's a serious concern for you because the car is still registered in your name, so the following steps that you can take are:
Contact the buyer and check the registration transfer proof, whether the buyer has made the registration transfer in his name or not.
Visit the RTO and check the current RC transfer status. And if not completed, ask for Form No. 35 and NOC cancellation if the transfer was not completed.
Submit form TCR to your original RTO to notify them that the vehicle has changed hands.
Hope this helps you; if you still have any clarifications or issues, do not hesitate to ask.
You should inform local police station and RTO about it
1. You have not transferred the ownership of the car to your brother in law for which its ownership stands in your name officially.
2. It is not understandable how your brother in law has sold the said car standing in your name without your signature.
3. However, your NOC will be required for transferring the ownership of the in the name of the third party and if there is no MV case standing in your name, you can get rid of the car by selling it of.
It is a concern for you as it can attract criminal or Vicarious liability on your name. So try to contact the person who bought the car through your brother-in-law and get it transferred in the name of the car owner to secure yourself from any future liabilities.
