Transfer of ownership of vehicle

How did you come to know that the vehicle is still in your name? Did any third party claim or police notice come to you?  When the agent exchanges the vehicle he does not take the old vehicle for himself. The registered owner remains the same until the agent/dealer finds a buyer for the old vehicle. The problem will be only if a civil or criminal liability visits on you as an owner after the date of the receipt from the agent/dealer assuming liabilities regarding the vehicle.

How did you come to know that the vehicle is still in your name? Did any third party claim or police notice come to you?  When the agent exchanges the vehicle he does not take the old vehicle for himself. The registered owner remains the same until the agent/dealer finds a buyer for the old vehicle. The problem will be only if a civil or criminal liability visits on you as an owner after the date of the receipt from the agent/dealer assuming liabilities regarding the vehicle.

Dr Ramani Sir, 

                           In my state we have e service through which anybody can know on whose name any particular vehicle is registered. As of now I have not received any memo from police or third party. Yet I am afraid that the fellow agent is not in a mood to get the vehicle transferred.

[quote]The registered owner remains the same until the agent/dealer finds a buyer for the old vehicle.[/quote]

The agent has infact found a buyer . And I have come to know that he is somehow the relative of the agent himself. I do not understand what shall I do now .

 i had done a similar exchange for my older car..

The dealer (on his original letterhead + stamp) gave me a letter which read that he will be responsible for the vehile from that day onwards. I haven't rcvd any claims/dispute etc for the said vehicle.

Harsh sharma ji

                              Sir , even I do have a letter on the original letter head of the auto dealer. But the point is wether the name was changed in the records of the RTO ? You did not receive any claim or dispute. This may be luck, but its not the legal procedure. As the RTO was not informed.

Regarding my query , I still require valueable inputs from you legal giants. Please Oblige.

Very simple thing. Give a simple letter by registered post asking the agent to feach you a xerox copy of the form 29 . Insurance papers can be obtained duplicate. If the do not comply. You may give him a legal notice through some advocate.

Balveer Singh Bhatnagar

Balveer Singh Bhatnagar Ji

                                                   Thanks for your reply, I am not a professional in this matter and I do not understand how can I compell that guy or agent to apply for change of name regarding ownership?

Also what threat should be included to that agent in the notice? Pardon my amaeture knowledge, I dont have much experience . 

And is there any way I can report to the RTO authorities about the transaction without the complete form 29? Is it mandatory for the agent to get it transfered to his name? 

I said that a simple letter will do. There is no need to give any threat. It would be much better if you can talk on telephone and ask the gui for needful. Do not imagine negative things at first hand. Then you can take advise from RTO Practioner. Even from this forum, some body would guide you. 

Dear balwant ji thank you for your kind help. I will write a letter to the fellow and ask for the xerox of form 29. But shall I send a copy to RTO also? Because the prime objective is to update the records of the RTO. Sorry for the naiveness of my questions..

Get the xexox copy first. Rest think afterwards. If you got it, you may yourself submit along with prescribed fee. That might be the problem. You will get the copy of form 19 only when your two wheer is sole to any buyer. If it is not sold. Then there is no question of getting the copy also. Better to talk the guy and get your problem solved. The matter is not involving crores of rupees. It is matter of only 15000. I dont think any agent will play a foul for such a small amount. The dealer would have also involved in this matter. Only discussions on this form will not solve your problem. You would have to act. 

When the vehicle is delivered, the agent/dealer would have given you a delivery note stating that he would be responsible from that day and time onwards for all traffic offenses, accidents, insurance etc.

As you have already received full payment for your old vehicle, I do not think that there is anything for you to worry about.  Any civil liability will be a charge on the vehicle and the insurance company. You are not worried about the old vehicle anymore, if the vehicle is to be impounded.  You would have signed papers for the transfer of insurance also.  You can find out from the insurance company whether the policy has been transferred. In the case of an accident criminal liability, if any, will be on the driver of the vehicle at the time of accident. I am not a lawyer. But I have sold and purchased several cars over the years. But after I get my money I will forget the whole thing. Most often I will not even be having the name, address or telephone number of the purchaser.

In August I sold my old car and purchased a new car. My old car has not yet been transferred to a purchaser  to the best of my knowledge. I am interested in its transfer only because after the transfer of insurance only, I can claim NCB on the insurance of my new car. Nowadays, it is mandatory to transfer the insurance also. Previously even that was not there.

If you are still worried, just write a Registered AD letter to the agent, reiterating what he would have written in the delivery note to you. Mark a copy to the concerned RTO also by Registered AD and live peacefully.

Dr. Ramani Sir, 

                          Thanks a lot for your kind help. One more question, shall I notify my insurance agent and the insurance company that this vehicle has been sold by me and to cancel the insurance policy that is by my name?

Because I read it somewhere that A person can only get insurance benifit if the policy and the vehicle both is registered to the SAME name. 

Pardon my amateure questions, Thank you

Yes, you can write to the insurance company. But under the motor vehicles act as amended an insurance policy cannot be cancelled without reason. When a vehicle is sold it is mandatory to transfer the insurance also to the buyer. But after the expiry date of the insurance, neither the insurance company nor you are responsible for the renewal. If the expiry date of the insurance is already over or will shortly be over, you can write to the insurance company that you have no liability with respect to the vehicle, as you have already sold the vehicle, However if you were enjoying an NCB with respect to the old vehicle, it can be transferred to your new vehicle only if you give proof to the insurance company either of transfer of the vehicle or transfer of the insurance.