Value of affidavit

zunaid (Querist) 14 January 2012 This query is : Resolved
R/sirs, i want to know about the value of affidavit of a sale and purchase agreement, fact is - I sold my motor-bike through an affidavit, it is clearly mention in that affidavit that the purchaser is fully liable for any kind of accident,claim, court of cases or any other matter of such kind,i said that person please transfer as soon as the bike, but after some days that person got an accident and one person injured,(drive by the purchaser on the time of accident) the purchaser now don't want to transfer the bike on his name. Now what i have to do, please help me ?

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V R SHROFF (Expert) 14 January 2012
YOU SHOULD HAVE IMMEDIATELY TRANSFERRED IT. RF IT.
As yo were not driving, only owner is not liable.
You have to prove facts, that you sold it off, and not involved in accident.
Affidavit will protect you.

Deepak Nair (Expert) 14 January 2012
In motor accident claims cases, the actual owner and the insurer of the vehicle are liable for payment of compensation to the injured.
Since you failed to transfer the ownership according to the law, you are liable for the same. You should have intimated the sale of vehicle to the RTO immediately which would have solved your problem.
Such affidavits are normally not considered in the accident claims matters.
If the vehicle is duly insured, then it is the insurance co. who is liable to pay and not you.

Advocate. Arunagiri (Expert) 14 January 2012
In this you have to pay the compensation. Because you are the still owner of the vehicle.

Instead of you signing the affidavit, you should have obtained affidavit from the purchaser.

Devajyoti Barman (Expert) 14 January 2012
Agreed with above. Do follow the advices.

Rajeev Kumar (Expert) 14 January 2012
Agree with above experts. Follow their advise

Raj Kumar Makkad (Expert) 14 January 2012
As the purchaser had ultimate control over the vehicle at the time of accident, he is also liable.

No court is going to release vehicle you sold to the buyer as he is not registered owner so you get it on sapurdari and do not handover to him as he failed to get it transferred in his name. You can legally retain that vehicle with you till the disposal of the cases. You should also use the affidavit given to you in support of your sale.