Vehicle transfer pending because original owner gave mismatch sign

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If the original owner refuses to visit the RTO to rectify the signature issue, you have the following legal remedies: Send a formal written request or legal notice to the original owner, asking them to cooperate and complete the formalities. Mention that their refusal is delaying the legal transfer and could create liabilities. Affidavit Submission: Some RTOs allow an affidavit from both parties confirming the sale. Verification by Notary: If the original owner is unwilling to visit, they may sign a notarized declaration confirming the sale. Biometric Verification: Some RTOs have biometric authentication options if signature mismatches. Submit a formal request to the RTO explaining that the transfer documents were duly signed and sent. Request them to process the transfer based on supporting documents like the sale agreement, insurance, and delivery note. If the original owner deliberately refuses to cooperate, file a civil suit for specific performance, compelling them to fulfill their legal obligation. Under Section 43 of the Motor Vehicles Act, refusal to assist in transfer formalities can be challenged. If the original owner’s refusal seems to have malicious intent (e.g., attempting to reclaim the vehicle), you can file a complaint with the police. Cite the sale agreement, proof of payment, and RTO submission receipt as evidence. As a last resort, you can file a writ petition in the High Court against the RTO for not processing the transfer despite having valid sale documents.

Advocate Vrinda Mishra LawRato