Motor vehicle act
sandykrish
(Querist) 08 July 2014
This query is : Resolved
Hi Learned Members,
I am from Bangalore we apparently sold a Bike to the Buyer in the year 2006 and I have currently received an notice from Traffic Police for violating the traffic rules.
I immediately went to the concerned RTO and checked the B extract even B extract confirms me as an owner. I informed the RTO guys they told they cant do anything and it is the sellers responsibility to get the vehicle ownership transferred.
Now I have only the Delivery note as an evidence which is with the revenue Stamp. What legal remedies are available for me to ensure that the future risks to be insulated?
Devajyoti Barman
(Expert) 08 July 2014
It means you did not transfer the ownership while selling the bike.
Do this asap.
Lawyer SALEEMA KABEER
(Expert) 08 July 2014
The original owner (Transferer) who is selling the vehicle, must inform the transfer of ownership to the RTO with which the vehicle was registered, by sending a letter with information about the new owner (Transferee) within a period of 14 days through registered post with A/D.
On receiving an acknowledgement of receipt of the letter from the RTO, the seller (Transferer) is indemnified of all legal, tax, traffic, criminal and other liabilities pertaining to the vehicle.
The seller must also take a delivery note signed by the buyer (Transferee).
Lawyer SALEEMA KABEER
(Expert) 08 July 2014
In the present case, to avoid future risk, without any further delay you need to intimate the RTO about the sale by sending "Form "TCR" through registered post with A/D.
Other forms you need to submit to the RTO are "Form No.29" (Notice of transfer of ownership of vehicle) and "Form No.30" (Report of transfer of ownership of vehicle).
Rajendra K Goyal
(Expert) 09 July 2014
Immediately contact the purchaser of the vehicle and press him to get the vehicle transferred.
Also take steps as advised by the expert Lawyer SALEEMA KABEER.
ajay sethi
(Expert) 09 July 2014
agree with Ms kabeer
T. Kalaiselvan, Advocate
(Expert) 09 July 2014
To absolve the liability, you may call on the RTO office in person, produce the evidence in your possession namely the stamped delivery note and render an explanation in writing that though you did not follow the rules for transfer of vehicle properly, since you have already transferred the vehicle physically to the new owner by sale of the vehicle, the new owner (whose address to be quoted in the letter)should be held liable for the accidental claims subsequent to the date of actual sale. Your explanation may be considered which if is given in a form of an affidavit duly notarized, try.
