Transfer of ownership

Pandit Ji (Querist) 12 October 2011 This query is : Resolved
Recently I purchased a two wheeler Honda Dio for myself from a showroom. There was this scheme that I could exchange my old two wheeler and get some discount depending upon the condition of the vehicle. So I got my old two wheeler Honda Activa exchanged which was registered in the name of my Mother . The agent gave me a discount of Rs 15000/- in return .
The agent asked for the Registeration Card and Insurance papers and asked me to sign the form 29 and 30. I did not retain the Xerox of the insurance or the forms.
The agent after all this, gave me the receipt saying that " the vehicle has been handed over to him and from now on all the disputes regarding the vehicle will be handled by him."
But recently I came to know that the vehicle is still registered in my mothers name and has not yet been transferred. This agent is a real smart guy and he has stopped picking my calls .

My query is that how can I intimidate the RTO authorities that I have handed over the vehicle to someone else? So that I am not responsible for any future damage or something. Is it possible that I can cancel my registration of the particular vehicle? I am not an expert in law so please be elaborate in your guidance. Thank you

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Guest (Expert) 13 October 2011
THANKS FOR YOUR VIGILANCE. IGNORANCE OF LAW IS NO EXCUSE.
SIMPLY SEND A REGISTERED LETTER CONTAINING THE DETAILS OF THE R.C BOOK ENTRIES AND THE DATE OF TRANSFER WITH THE COPY GIVEN BY THE AGENT TO THE CONCERNED R.T.O OFFICE IN WHICH THE VEHICLE WAS REGISTERED. ALSO GIVE A PAPER PUBLICATION IN THIS ASPECT THAT THE VEHICLE HAS BEEN SOLD OUT TO SOME x AND NO LIABILITY CAN BE CLAIMED AS AGAINST YOUR MOTHER FOR WHATSOEVER REASON.

Raj Kumar Makkad (Expert) 13 October 2011
I put a simple question prior to reply of your query.

Have you obtained the affidavit of agent that he has purchased the vehicle and all responsibilities from that day onwards shall be borne by him?

M.Sheik Mohammed Ali (Expert) 13 October 2011
thanks for your valuable awareness

Pandit Ji (Querist) 13 October 2011
Dear Raj Makkad ji I have attached a scan copy of receipt which the agent gave to me. I have the original receipt in my custody.

Pandit Ji (Querist) 13 October 2011
Dear Ganesan Sir , Dont I have to send complete form 29 and 30 of the RTO? And by doing the above mentioned will the RTO authorities remove the registeration from my mothers'name? Lastly regarding The paper publication that some 'x' should be the agent or it should remain as Some'x'

Please pardon my naive questions I am not an experience holder in these matters

prabhakar singh (Expert) 13 October 2011
You can send an informational letter where vehicle is registered with photo copies of whatever proof of sale you have.It may work as defense in need but you can not avoid any action by a third party unless the agent get the name changed and substituted.

It is their normal practice to do so ,they buy but do not get transfer done in their name as they resale it to a next buyer and it is the actual buyer ultimately who gets the transfer done.To avoid risk ,it is always desirable that a deed of transfer is duly executed and notorized and a public notice with reference there of is also published.

Pandit Ji (Querist) 13 October 2011
Shri Prabhakar Singh Sir,

Then again this question arises that what measures can I take to ensure that the agent/buyer does get the vehicle transferred to his name as soon as possible? Is there any legal way in your opinion through which I can push the agent/buyer to get this transfer done?

Pandit Ji (Querist) 23 November 2011
Dear admin and learned fellow members in this typical case of mine I have understood 3 things by which anyone who gets in such a situation can safeguard himself::

1) As soon as you sell your vehicle write a registered letter to the insurance company informing them that you have sold your vehicle.

2) The new owner if wants to get insurance done , the vehicle must be registered in his name in RTO, now a days the insurance companies do not entertain such matters leniently.

3) Always take the receipt of selling the vehicle from the dealer/new owner . And better if you can get it on the stamp paper or the letter head of the dealer.

If in any case any person seek my help please message me, I shall be happy to share any knowledge. Thank you

Transfer of ownership

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