Ownership of sold bike not transferred to new owner - trouble?

M

MAGNeT

Skilled
I had bought a rx 135 yamaha bike.

I sold it within 6 months as i wanted it just for learning and condition wasnt good.This story is of 2009 something.

The buyer was a driver of a person on rent .He bought the bike and than started delaying its paper transfer for few days.

Later he came to my building with a new chap on whom the transfer of documents need to be done.He took my signature on noc and other papers.

Hurriedly without much detailing i forgot to take copy of that proof.He seem to be eager to sign the papers stating he will be going to Rto tomorrow morning .

Now that matter was closed for past 3 years.

Today suddenly i came across my registration certificate copy of that bike and just for curiosity i went to this site

https://vahan.nic.in/nrservices/faces/search/publicSearchDetails.jsp

And posted the details to check the owner.

And to my surprise the bike havent been transfered and still looks to be on my name.

I checked history of bike and it clearly shows that from last owner to present transfer done in 2009 that was me.

Than no transaction done.

Also registration of bike got exited in january 2012.

I am worried for 2 issue.

1::Bike is still register on my name so if any un knowing incident happens i might be in trouble.

2:: Registration lapsed and i might face a notice of penalty pay.

What are my options?

Whether file a missing fir report or do i go straight in police office and clear the facts correctly .

I guess with this option i might have to bribe them as you know how they treat people when they know you on wrong side of law.
 
First, you'll not get any notice of penalty payment as our RTO is way too sluggish to do that.

Second, you are right that if the bike is misused or meets with an accident, the cops are gonna pay you a visit and then you are gonna be in deep trouble.

My suggestion:

Find the person to whom you sold the bike and get the transfer formalities completed in your supervision. If he is unwilling, atleast get him to sign and deliver a vehicle delivery note to you. The date on the note must be be the date on which you sold the bike (approx will do) i.e. a back dated note.

If both the above is not possible, please draft a letter to your RTO and tell them that you sold the bike to XYZ person and that you had obtained a Delivery note from him/her. But now you have misplaced the delivery noyte and it has just come to your notice that the vehicle has not been transferred to the buyer's name. As such, they may exclude your name from any liability that may arise from the use/misuse of the vehicle. They might make a few inquiries and then close the matter. Let me know if you need help with drafting the notice.

Don't worry too much. I am certain that the vehicle has not met with a mishap as yet else you would have already been in trouble!
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But it is good that you finally woke up and still have time to make corrections!
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I asked on another forum and they say to check personally with local rto whether registration done or not.

If not than i might have to file an fir.

But i am not sure about its content .

I am ready to file a letter abstaining from any right own on that vehicle if its still on my name and the rto confiscate and sell that vehicle .Also i am ready to file a notice in newspaper to abstain from any right of own on that vehicle.

The problem is that i forgot the person name as well as he was a car driver of person who shifted to dubai.
 
Why would you need an FIR? You haven't lost the vehicle nor was it stolen. If you file an FIR for theft, you unnecessarily get the buyer into trouble. Not to mention that you yourself may get into trouble for filing a false FIR.

You need to find an RTO agent (one who does the licensing and transfer paperwork as a business) and ask him for help. He'll charge you but will manage to settle the matter for you as they always have good contacts with the local RTO.

DO NOT file a false FIR and get yourself and others into trouble. How would you feel if tomorrow the buyer kills someone with the bike and the police arrest you coz you are the on paper owner of the bike? Unfair, right?

Well, you will be doing something similar. If you file an Theft/Lost FIR, you proclaim the buyer to be the thief and the police get a right to arrest the buyer as and when they find him. So, he gets arrested and involved in proceedings despite having paid for bike and having purchased it lawfully.
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Neo-N said:
Why would you need an FIR? You haven't lost the vehicle nor was it stolen. If you file an FIR for theft, you unnecessarily get the buyer into trouble. Not to mention that you yourself may get into trouble for filing a false FIR.

You need to find an RTO agent (one who does the licensing and transfer paperwork as a business) and ask him for help. He'll charge you but will manage to settle the matter for you as they always have good contacts with the local RTO.

DO NOT file a false FIR and get yourself and others into trouble. How would you feel if tomorrow the buyer kills someone with the bike and the police arrest you coz you are the on paper owner of the bike? Unfair, right?

Well, you will be doing something similar. If you file an Theft/Lost FIR, you proclaim the buyer to be the thief and the police get a right to arrest the buyer as and when they find him. So, he gets arrested and involved in proceedings despite having paid for bike and having purchased it lawfully.
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Click to expand...

Bro you saying not to file an FIR.

The buyer have made me legally liable for any mishap is the bikes meet an accident or used in anti national activity.

All forum on auto sites where i mentioned have said to straight away file an FIR.

The reply which i feel i might go ahead is to file an FIR that i have lost physical document of transfer and so i enquired and later found that transfer havent been done for bike.So the cop finds the present owner and penalise him for driving bike illegally without transfer.

Now first step is to verify present owner from RTO.

Any idea how much it will be charged.I want to get information directly not via some agent as they mostly do is stay out of room and just give plain information.
 
I would advise that,

1. Send an SMS to 09212357123 in the following format VAHAN <reg number without spaces eg. DL12AB1234> This is up-to-date. My old car showed me as owner on -1/-3. The new owner submitted the papers after that and now it shows him.

2. Talk to RTO agent and see what can be done. Send a letter to RTO if needed.

3. If you know someone in law enforcement then talk to them, if not file an FIR. AFAIK a FIR can be filled against unknown people.
 
Vahan sms facility have been restricted.

Their site stuff works and from there only i got the details.

I am ready to shelve money but the point is in my locality the police is more interested in black mailing rather than helping in such situations.

I'll try what you said but i want to be sure that this is the procedure.It shouldnt happen that i shelve out 4000 and later come to know what i did is not the right procedure and simple fir was the answer for it.
 
You SOLD the bike to the buyer, he didn't steal it. When you lodge an FIR, are you going to disclose these details to the cops?

You are lucky that you are not yet in trouble as the buyer seems genuine but I cannot say the same about the buyer coz here the seller seems hell bent on saving his skin even at the cost of doing irreparable damage to the innocent buyer.
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The buyer has not yet brought any liability to your door. Then why are you so keen to bring him trouble and suffering? He is not the only one at fault for not making the transfer. It was your responsibility to take a delivery note and preserve it or get the transfer done.

Whenever I sell a used vehicle, I take a delivery note with date, time and odometer reading. Further, I give the buyer a month to get the transfer done and ask him to provide me a photocopy of the new RC showing the new owner's name on it as soon as the transfer is done. You did neither of this and now you want to pin the entire responsibility on the buyer.

The people who are recommending an FIR are either not even remotely aware of the consequences that it may have on the buyer or are least bothered. Either way, they are selfish and have no self respect whatsoever.

Please do whatever pleases you, I am done with this thread...
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MAGNeT said:
I had bought a rx 135 yamaha bike.

I sold it within 6 months as i wanted it just for learning and condition wasnt good.This story is of 2009 something.

The buyer was a driver of a person on rent .He bought the bike and than started delaying its paper transfer for few days.

Later he came to my building with a new chap on whom the transfer of documents need to be done.He took my signature on noc and other papers.

Hurriedly without much detailing i forgot to take copy of that proof.He seem to be eager to sign the papers stating he will be going to Rto tomorrow morning .

Now that matter was closed for past 3 years.

Today suddenly i came across my registration certificate copy of that bike and just for curiosity i went to this site

https://vahan.nic.in/nrservices/faces/search/publicSearchDetails.jsp

And posted the details to check the owner.

And to my surprise the bike havent been transfered and still looks to be on my name.

I checked history of bike and it clearly shows that from last owner to present transfer done in 2009 that was me.
Click to expand...

Even im facing the same issue dude......even i will go and check with an RTO agent for what needs to be done for this....
 
OP, go and find out actual user (who paid you) take all required papaers & signature & pay to agent & transfer the Bike ownership to him.

My 2 cent
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The sale was on consideration basis.He paid the sum got the bike.Now why should i legally absolve him from responsibility.

Just by paying the sum doesnt mean he has done his part.

The onus is on him to transfer.You can say i gave him almost 2 years to transfer and its still not done.

You mean to say until he commits a crime i shouldn't care.He knows the bike is not on his name.He drives it rashly,gives to his friend who again drives it rashly.Commits crime like chain snatching and other as they know its not them but me who will get punished.

And you squarely blaming me NEO.I sold the bike for 7k.And now ill have to pay almost similar amount to get out of the mess which is the cost of my foolishness.Why you want to absolve the buyer from his failed duty.

I read about a chap who sold his bike and after 6 years the bike met accident and the ownership chap had to face the music.Does that mean i dont take precaution from my side.

I wont kill the chap filing the fir.Most probably the bike will be confiscated and wont be given unless ownership change from my name.But i have zero faith in mumbai police.Hence i am more inclined in filing affidavit and forwarding same to rto rather than fir route but just waiting for correct procedure.

Because for your knowledge just the delivery note is not a good enough proof.You need to forqwward all documents with present and new ownership to rto within 45 days-60 days.

Emperor the chap was a driver of rent house guy who have shifted there base somewhere in middle east.I have no idea about the chap.Even the paper delivery note in my handwriting is missing.So in all i have zero information.I dont want to get in the mess to tranfer ownership myself and the chap enjoys free transfer.I wanted even him to learn a lesson by paying some penalty in his case which wont be more than bike transfer fees and some 1k buks.
 
From what you have mentioned in the original post, the driver actually acted as a dealer. Most of the used car dealers get blank transfer documents signed by the seller and then transfer the car to the actual buyer as and when they find them till which time the bike/car remains in the name of the original seller. This is a very risky situation precisely for the reasons pointed out by you above.

I doubt the RTO would have any clue as to who the current owner of the bike is because as per their records YOU are the current owner. If they had the information, the bike would have been transferred already. Also no point in going to the RTO and trying to get the bike registered in someone else's name without proper documentation. Wont happen.

You are correct in thinking of getting a FIR done and should get it done ASAP. It doesn't have to say that the bike is stolen, you can even file it on the basis that you had sold the bike to XYZ and he has failed to get it registered in his proper name, which is illegal under various sections. File the FIR accusing the person whom YOU sold the bike to rather than against unknown persons as that might weaken your case (you did't even know the name of the person you sold your bike to???). I doubt the cops would actually act on it but this FIR would be your first line of defense against any future legal hassles related to the bike and it would bring on record that you had actually sold the bike and the current owner did not transfer it.

Contrary to what some uninformed people might think the current owner of the bike deserves to be inconvinienced as he is obviously not transferring the bike in order to preserve resale value due to the bike still being First Owner on the registration. If they have a vehicle to sell and are just happy getting a delivery note against it and are not bothered whether the vehicle actually gets transferred or not, I am ready to buy. It would actually be free for me becuase I would most probabaly be able to sell it 6 - 8 months down the line for about the same price I bought it at. Pretty sweet deal AFA I am concerned
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. And obvioulsy if something goes wrong during this time, I don't have to worry as the owner of the vehicle is reponsible for any consequences. In fact I don;t even have to carry any insurance on the car. The original owner is free to go to the court, show the various documents like the odometer reading at the time of sale
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and get a favorable judgement. Oh the only thing, how hard is it to reverse the ODO ???
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#[member='MAGNeT']: do what you can do to find the buyer or some other solution as i have seen one such situation with my own eyes:

1. one of my friends didnt transfer the bike ownership on paper so that he can later sell it as second-hand bike instead of third-hand while he assured/lied to the seller that he will get it transferred soon
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2. 10 months down the line my friend hit and injured an old man as he was under the heavy influence of ganja.

3. The bike was abandoned to avoid police, criminal case etc and now the previous owner is attending court cases because of this and in no way he can prove that the bike was owned by my friend or the accident was done by him as it was a hit and run case
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FIR is vital. The bike has been sold but as promised the bike has yet to be transferred by the buyer, it doesn't matter if it is not done by the agent or him.

#[member='MAGNeT'] needs to protect himself first. Only thing would be to find a cop who is not going to blackmail him. The story that he lost the delivery note and coincidentally checked about the bike ownership is a valid scenario in my mind at least.

#[member='Neo-N'] he is not going to lodge an FIR under theft. Calm down re.

Oh one more thing #[member='MAGNeT'], you need to find out some details about the buyer man. Otherwise it is going to be very difficult for you in the future.
 
I saw a similar case where the cops landed at my friends place for an offence committed on the bike they sold but not have the ownership transferred.

Please file a FIR before any shit happens. Just for the sake of it. Prevention is better than cure. Atleast you will have valid documents with you preventing your incrimination. Don't sit back for the day to actually come.
 
Neo-N said:
The buyer has not yet brought any liability to your door. Then why are you so keen to bring him trouble and suffering? He is not the only one at fault for not making the transfer. It was your responsibility to take a delivery note and preserve it or get the transfer done.

Whenever I sell a used vehicle, I take a delivery note with date, time and odometer reading. Further, I give the buyer a month to get the transfer done and ask him to provide me a photocopy of the new RC showing the new owner's name on it as soon as the transfer is done. You did neither of this and now you want to pin the entire responsibility on the buyer.
Click to expand...

You do realize that it is the responsibility of the buyer to get it transferred? Sellers responsibility in the matter is to oblige the buyer with the necessary transfer documentation and the relevant process as soon as possible. Everything else you are saying is to ensure that there is proof that the seller has done his part and no liability is left from his side. Regardless of this proof, the buyer is supposed get the transfer completed to his name. Holding a vehicle without proper ownership documentation is itself not legal.

While trying to file a bogus case is not right and outright illegal and I am completely against it, the seller has to do whatever is necessary within the legal bounds. If you are trying to say that the seller should just keep quiet about it thinking that would inconvenience the buyer, then sorry that is absolutely absurd. If the vehicle gets involved in a murder or drugs smuggling case and the police come knocking to the OP's door, do you also wish him to swallow that as his fate?

@Magnet: Do whatever is necessary, but don't file a bogus case under false pretenses no matter how innocent the pretenses may look, I would suggest an new paper advertisements and possibly the affidavit route first.
 
#[member='Lord Nemesis'] If you check my first post here, I too have suggested going the legal way. I agree that the responsibility if of the buyer but the seller has nor been any less careless. Now pinning down all the responsibility on the buyer seems absurd to me. I do not prefer saving my skin at the cost of others'. And that is precisely why I said that I am done with this thread.
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Nemesis.I am trying to contact the landlord first.He is out of town.Through him i am trying to search the tenant than his driver.

I am avoiding advertisement stuff directly.Because that is like hitting axe on your leg.Giving bike number in open will cause open FIR or charges frame against me.

So first i am trying to get information via RTO route.

I came to know i have to goto worli rto and not wadala where i went today.

Simultaneously i am trying to grab that person detail.And once i go through ill file an fir if registration not done on his behalf.

I wont be filing fake FIR because i have 0 % faith in my local police.I am sure when i do the same they will frame me in false charges to extort money.
 
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