Legal procedures to buy a car from another State

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If he is not having proper registration and documents proving his true ownership over the vehicle, then do not buy such car. However, if you want to buy any car from other state then you will have to follow the procedure given below:
Inter State RC Transfer
3 Important things before taking your vehicle out from your city for re-registration

» Vehicle Hypothecation Status: If the car has Bank Hypothecation in RC - you will require Bank Inter State Transfer NOC before moving your vehicle to new state for registration purpose. Its known that some Private Banks are Flexible in issuing same and some PSU Banks do not have streamline process for same

» Vehicle Emission Norms: At present in 2015 - a car needs to satisfy in BS-IV Emission norms in Tier 1 Cities and BS-III Emission Norms in Tier 2 Cities. All Cars Manufactured from Jan 2005 onwards meets BS-III and manufactured post April 2010 meets BSIV Norms. You need to check on same before taking your vehicle to other state

» Costs Involved: Owner has to again pay applicable Road Tax - either at depreciated value or at depreciated road tax Slabs. This amount however can be substantial. For Instance in Hyderabad - Road Tax is at 9% for a 5 yr Old Car. So if Original Invoice Value is 5 Lakh Rs - you have to pay in Rs 45000 as Road Tax in Hyderabad. Know Road Tax Slabs



Re-Registration Process
Step - 1 Apply in for NOC

You need to apply for an NOC

» Self Declaration Affidavit on Rs 10 Stamp Paper - duly attested by Notary that no fine, offence on vehicle and all documents are genuine with your address and purpose of NOC as transfer or Else NOC from Traffic Police for No Dues and No Offence Pending against Vehicle

» NOC from NCRB (National Crime Record Bureau) that Vehicle is not Stolen - This can be now obtained Online. Click Here to Obtain

» Bank Inter State Transfer NOC - if has an active loan repayment or Form 35 as Bank NOC

» NOC from RTO is to be then applied by submitting in 3 copies of RTO Form 27, 28 along with NOC from Traffic Police, NCRB, Bank NOC and Vehicle Documents like PUC, Smart Card Copy, Insurance Policy, Engine - Chassis Imprint, Owner ID & Address Proof

It will take in anywhere from 2 to 3 Weeks for State RTO to issue in 'Inter State Transfer' NOC and they will mark on status 'NOC Issued' in RTO database against your vehicle number.

Process holds true whether you are from Ahmedabad, Bangalore, Chennai, Delhi, Gurgaon, Hyderabad, Mumbai, Noida, NCR or from any other state in India.



Step - 2 Arrange a Set of Documents

You now need to make a set of documents having:-

» State Transfer NOC, Bank NOC (if applicable)

» Vehicle Original Documents - Smart Card, Insurance Policy, PUC Certificate

» Original Invoice of Car (if not with you - get it from your dealer as Life time Road Tax will likely be calculated on depreciation on original Invoice Price as Base Price of Vehicle - as used by most of RTO Offices)



Step - 3 Post Migration to New State - for Road Tax Payment & Re Registration

Once moved to new state - you have to pay in applicable Road Tax and apply for registration

In some states - 30 days Time Frame and in some 365 days Time Frame is required as maximum time frame to pay in Road Tax and apply for new registration mark

Its important to make a Clean, Neat File of Documents for Easy Processing

» Vehicle Documents: Original Smart Card, Valid Insurance Policy, Latest PUC, Car Chassis Imprint, Original Invoice of Vehicle

» Owner Documents - PAN Card Copy. Copy of New Local Address Proof (of new State - as per there prescribed list of address proof documents), 2 to 4 PP Photographs as per local RTO requirement. Some RTO also have self signed Affidavit forms - pl check with local RTO for requirement

» NOC Documents: Submit NOC Documents, Form 27, 28 as recvd from Original RTO Office where vehicle was previously registered
» Road Tax Payment: RTO Officer will assess in the Papers along with Original Invoice and calculate applicable paying Road Tax. Once Road Tax amount finalized - you will have to go back and make a Demand Draft (aka Banker Cheque) equivalent to value of Road Tax as assessed by RTO Officer

» Apply for Re Registration: Form 20 for Re-registration. Also - address change form - RTO Form 33 to be filled in. Additionally - if vehicle bought from other state as Used Car Buyer then - Form 29, 30 transfer forms also needs to be submitted. Download RTO Registration Forms

» Road Tax Payment : Do take a Photocopy of Tax Paid and Submit it with the File

» Blank Envelope : Then a Blank self Addressed Envelope needs to be affixed with Postage Stamps equivalent to value of Registered Post.

Once the Vehicle is Re-registered, you can later on apply for Road Tax Refund. Refer details on Tax Refund


Owner Experience on State RC Transfer
RC Transfer from Bangalore to Kolkata (Courtsey: Suman Paul)

Process in Bangalore

1. Get the NOC from police commissioner's office for traffic clearance - got it instantly within 5 minutes
2. Get a pollution check certificate
3. Get bank hypothecation clearance certificate
4. Apply to RTO to get RC smart card against old RC book - it came to my address by speed post in 21 days as promised
5. Along with all above documents and insurance copy - submit to RTO with a filled up form for NOC
6. Submit another filled up form to RTO office for ownership change at the new location with new owner's identity proof
7. Submit one empty envelop with stamps and home address written on it along with the forms to RTO

I did not pay a single rupee for any of the above. All the jobs were done perfectly on time as promised by the officials at RTO office. I never followed up with anybody by any means. Extremely satisfying experience at Bangalore RTO.



Further process specified by Bangalore RTO

1. Take the car to Kolkata along with all NOC and original documents
2. Immediately report to the RTO at Kolkata and they will verify all the documents and give a Migration certificate with which the car can be driven there for 45 days legally
3. Submit all the documents along with filled up specified forms to Kolkata RTO
4. Kolkata RTO will tell the amount of Road Tax payable on the basis of depreciated car value
5. Pay the Tax and collect the Tax paid receipt
6. RTO will issue a new RC smart card with new owner's name
7. Bring the Tax paid receipt copy to Bangalore and apply to RTO office for Tax refund
8. Bangalore RTO will verify with Kolkata RTO and refund the over-paid tax amount through bank transfer to my account

Absolutely clean methodical and logical process.

With all the documents and the car we four set off to Kolkata by road for a three days trip. This is another story for another day.

After reaching Kolkata, we tried to do the steps exactly how it was told in Bangalore RTO and that point of time we actually felt that the car is transferred to a new place called Kolkata.



Chronicle in Kolkata RTO

1. Many desks in RTO said that it can not be done for various reasons - all were baseless
2. Find some connection through known people just to start the process
3. Repeated visits to RTO just submit documents
4. Submitted documents one day and visiting after 2 weeks, nothing moved, so withdrawn all the original documents
5. Appointed one agent who ran away after couple of weeks
6. Appointed one more new agent who charged a bomb
7. After many visits to RTO, finally it got done
8. We paid road tax of Rs. 40000 which were calculated based on the new car value and not as per depreciated value - RTO said this is the rule of west bengal government to collect more tax
9. RTO charged Rs. 7000 as fine of late submission of documents - pointless to even think about it
10. RTO charged Rs. 5500 for audio system in the car - heard about it for the first time in life
11. Our dear agent charged Rs. 19000 to get all these things done
12. After a good six months of effort, the car got changed to my mother's name and have recieved the new RC smart card
13. Yet to get the audio tax paid receipt
14. The car is legally ready to drive on west bengal roads now

Advocate Siddhant Sharma LawRato