Car sold but Buyer's agency not changing the ownership in RTO


I sold my car to an Agency on Nov 2, 2017. I have received the money and the delivery note from the Agency. But the Agency has still not transferred the ownership from me. Also I found out that the Agency has already sold the car to another customer. My question is what can I do now to protect myself from any liabilities since the car is still in may name as the owner. Please advice. Thanks.

Answers (1)


110 votes

50. Transfer of ownership.—
(1) Where the ownership of any motor vehicle registered under this Chapter is transferred,—
(a) the transferor shall,—
(i) in the case of a vehicle registered within the same State, within fourteen days of the transfer, report the fact of transfer, in such form with such documents and in such manner, as may be prescribed by the Central Government to the registering authority within whose jurisdiction the transfer is to be effected and shall simultaneously send a copy of the said report to the transferee; and
(ii) in the case of a vehicle registered outside the State, within forty-five days of the transfer, forward to the registering authority referred to in sub-clause (i)—
(A) the no objection certificate obtained under section 48; or
(B) in a case where no such certificate has been obtained,—
(I) the receipt obtained under sub-section (2) of section 48; or
(II) the postal acknowledgment received by the transferee if he has sent an application in this behalf by registered post acknowledgment due to the registering authority referred to in section 48, together with a declaration that he has not received any communication from such authority refusing to grant such certificate or requiring him to comply with any direction subject to which such certificate may be granted;

This is the duty and responsibility cast upon the seller and if you have not complied with this you will be held responsible for any consequences as per latest Supreme Court Judgment.


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