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  1. Suman Roy
  2. Second Hand Cars
  3. Saturday, March 18 2017
I have sold a Maruti 800 of Kolkata registration to someone of Kolkata in 2014, the car was then 14 and 1/2 yrs old. Now it is 16 yrs plus but the person to whom I sold the car doesn't transfer the name to his name and still I am remain the owner in RC.

He is not transferring the name. Now how can I free from the legal ownership of the car?
  Durgapur, West Bengal, India
Admin Accepted Answer

Suggest to follow below steps to do needful

Recording Sale Details
If you have Smart Phone - Install a Call recording app first
Then call up customer about transfer not done and insist on getting transfer done - record that conversation using recording app available and save that conversation with you for on your Laptop / Mobile SD Card etc.

Give a Reminder Call on Strict Mode to Buyer to transfer RC - about delay

Also - was the payment mode cheque - do you have a cheque copy - if not - take a print out of your bank statement. Keep that 10 rs stamp paper docket with you.

Intimation to RTO
> Form TCR - intimation to RTO - though its ideal to be sent within 15 days of transaction - but as the transfer is not done, theres no harm for making an intimation to RTO of sale done at your end
> Buyer Documents - his ID Proof(PAN Card) and address proof as obtained - even of 1st buyer who bought it from you
> Your documents - ID & Address Proof
> Car RC Smart Card and Insurance Copy

Also - send it through registered post and keep acknowledgement receipt copy with you.

Why Should you Record Conversation and have Documents / Proof Ready of Sale

Risk of not transferring the RC is
> In event of any major contingent event like accident / hit and run etc - Cops will come to you first been the ownership will remain in your name in RTO Records - though you may prove later on that you have sold the car and has delivery note, recording of followups, form tcr intimation as done to RTO

> Any Challan, road offence - if not paid - in likely circumstance will come at your residence address

Follow up Reminders
Send both Registered Post Reminders, Emails and Call - record conversation
Wait for maximum further 1 month to seek buyer to transfer RC.

Next Final Step - Filing Police Complaint
> If Buyer still does not transfer in RC - you can also lodge a police complaint - provided you have all the proofs ready and do not know the buyer personally. In such case - if you suspect that the car can be used for illegal activities as buyer not intentionally transferring RC - you can file a complaint against him including proof of reminders

Hope should help in !!

  1. more than a month ago
  2. Second Hand Cars
  3. # 1
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