[Thechakshu]

On one fine evening in November 2019 while driving on the highway my car hit a dog who came out of nowhere to cross the road, fortunately the dog survived with a few bruises as the car slowed down in no time. But the car bumper was damaged. So I approached the dealership and asked to change it along with headlights as they were also pretty foggy at the time under insurance. He asked me to provide the Aadhar card and Pan card of the owner and that’s when I realized the car is not in my name.
When I was a kid My father bought this Toyota innova 2010 in 2012 from one of his friends and the ownership of the car was never transferred to his name but Unfortunately my father passed away in July 2019.
And when this incident happened I approached the guy and asked him to provide me the documents for the insurance claim and he was of the mindset that I was trying to dupe him by fraudulently transferring the car to my name by attaching his documents and forging his signature and he refused. I sent him the car photos and even sent him the insurance claim form to sign. Eventually he provided the documents and signed the form and my car was repaired.
But when I asked him to transfer the car in my name he refused and said that I pay him ₹75,000 (for the car) + ₹25,000 (for the number) but I couldn’t figure out why so I asked him and he told me that when my father bought the car, he didn’t pay this amount. Now I don’t know if he’s telling the truth or not but a few questions come to my mind after hearing this-
1- let’s suppose that this is true and if there was any amount due why didn’t he asked in the past 7 years when my father was alive?
I mean if it was me I wouldn’t even give the car to someone untill I receive the complete amount and even if I gave it then I would be a nightmare for them untill they pay me and I’ll be doing everything from calling daily to visiting them again and again.
2- if it isn’t true then why is he doing this?
3- why isn’t there any agreement between them for the sale of the car?
4- What if there is a serious accident then the owner will be liable? How can he be that stupid to not see that?

Anyways, Now it’s 2021 and I can’t drive the vehicle in Delhi NCR and I’m thinking of selling the car but I can’t do it because of this guy.

I’ve also asked some common friends of my father and that guy to mediate and convince him but they all said that this guy is a nightmare to deal with and has disputes with almost all of them regarding different matters already. This is what they told me, “He is a well connected political man but lacks character.”

And also note that since 2019 incident he never called me (not even once) or asked me to pay him.
Now I have no clue how to deal with this, please suggest what options do I have, if any and what should I do in this case?

P.S.- I am not in a mood to pay this extortionist a single penny.

[hserus]

Originally Posted by Thechakshu

I’ve also asked some common friends of my father and that guy to mediate and convince him but they all said that this guy is a nightmare to deal with and has disputes with almost all of them regarding different matters already. This is what they told me, “He is a well connected political man but lacks character.”

Return the car to him and let him handle the paperwork of scrapping it or whatever.

[ggkg]

Well connected political man without character. Lol that must be a rarity in India.

Just give him one week to do it tell him you're getting enquiries from Kashmir willing to buy it at premium.

[Emvi]

Your situation is unfortunate. For better understanding, may I ask you a few things.
1. From when are you using the vehicle on your own?
2. Date of insurance renewal.
3. Where do you(and your father previously used to) get the vehicle serviced, Toyota authorised service centres or FNGs?

[Chillout]

If you don't have good political connections, best option is to settle for a middle ground. It also appears you may not have sale papers on the agreed price which has been signed by both the parties.

If you are getting a price that's higher than your purchase price, settle for a middle ground and close it out. No point in dragging and losing sleep over it.

[speedmiester]

Originally Posted by Thechakshu

Anyways, Now it’s 2021 and I can’t drive the vehicle in Delhi NCR and I’m thinking of selling the car but I can’t do it because of this guy.

And also note that since 2019 incident he never called me (not even once) or asked me to pay him.
Now I have no clue how to deal with this, please suggest what options do I have, if any and what should I do in this case?

P.S.- I am not in a mood to pay this extortionist a single penny.

If the car has scrap value, then check if you can scrap it yourself. I am sure there will be certain places which will salvage it for spare parts. You might better value for it as well.

Just give him one week to do it tell him you're getting enquiries from Kashmir willing to buy it at premium.

Definitely, this should make him come to you with all the papers.

[gkveda]

If paper work is not done immediately after the sale transaction, these sorts of issues are bound to happen.

Since the original Purchaser is not alive (your father), you are in weak position. However, since the transaction has happened in 2012, I assume, your father must have got the papers signed by him(form 29 and 30) and kept it somewhere in the house. The reason why I assume your father must have got the papers signed is, the earlier owner is a well connected man who has political connections. So, he would definitely know that owner is responsible for transfer of the vehicles after sale. And that if car is caught in any illegal transactions, the owner would be held responsible. So, to secure himself, he would have got delivery note signed by your father. Your father definitely would not sign delivery note without his signatures on owner Transfer ship forms.

So, I suggest you look out for those papers at all corners of home.. If by chance, you get them, you can easily and immediately transfer the car to your name (if still registration is allowed).

If the papers are not available, then either you negotiate with him for 50% of what is asked and close the deal. Or run the car for few more years and sell it to some agents who can purchase without documents at whatever price they ask. You have zero risk even if they use the car illegally since it is owners responsibility to transfer the car. (Anyways, you have to scrap it because of 15 years rules)

But one point I did not understand in the whole transaction is, if you have purchased the car in 2012, how are you able to renew the insurance for 9-10 years?

[libranof1987]

I'm just curious how you didn't figure that the car isn't in your name, esp during insurance renewals.

Originally Posted by Thechakshu

2- if it isn’t true then why is he doing this?
3- why isn’t there any agreement between them for the sale of the car?
4- What if there is a serious accident then the owner will be liable? How can he be that stupid to not see that?

2. To make a quick buck
3/4. There must either be some signed copy with him that states that the car has been sold to your father, which is why he feels he can be indemnified - or - he is just plain arrogant about his position and ability to get out should any such situation arise

Originally Posted by speedmiester

If the car has scrap value, then check if you can scrap it yourself. I am sure there will be certain places which will salvage it for spare parts. You might better value for it as well.

Sorry, but that's terrible advice. The car isn't in his name. Firstly, only a chorbazaar fly-by-night shop will agree to scrap this car, since he isn't technically the owner. More importantly, the real owner, on the basis of RC, can come knocking any day asking for the car, since it is legally his. Worse, OP can be booked for theft.

If straight talk isn't helping, you need a lawyer to sort this out asap.

[speedmiester]

Originally Posted by libranof1987

Sorry, but that's terrible advice. The car isn't in his name. Firstly, only a chorbazaar fly-by-night shop will agree to scrap this car, since he isn't technically the owner. More importantly, the real owner, on the basis of RC, can come knocking any day asking for the car, since it is legally his. Worse, OP can be booked for theft.

If straight talk isn't helping, you need a lawyer to sort this out asap.

I know it's wrong, but the original seller is being unreasonable in asking for 1L after all these years. He is trying to make a quick buck considering the situation.
I am sure no seller would let go of their car without getting full payment.

All OP needs to do is the let the seller know how being adamant about not transferring the car will come back to bite him like in case of an accident with third party losses.

[dhanushs]

Well, if you have some proof of the transaction that happened in 2012 go ahead and tell him that you will file a case against him. I'm sure he wont be willing to go through the hassles for money that isnt his.

If not a shred of evidence is available, go ahead and scrap the car. Or even better sell it to used car dealers from out of town. Whatever the hassle, he has to deal with it. Make sure you let him know you will do that.

I'm sure he is just hustling to get some quick bucks. If you fight back, this should be sorted out. Also, please make sure not to brush off ego's in the wrong way, or it'll just be a start.

[TrackDay]

This ordeal should be a lesson for those who are very lax about updating documents and wills. In this case it is just an old car, but nonetheless a very important lesson. Even if transactions are amongst friends, do get the work done as soon as possible. There is no point crying over spilled milk here, but to move on.

Originally Posted by Thechakshu

I’ve also asked some common friends of my father and that guy to mediate and convince him but they all said that this guy is a nightmare to deal with and has disputes with almost all of them regarding different matters already. This is what they told me, “He is a well connected political man but lacks character.”

And also note that since 2019 incident he never called me (not even once) or asked me to pay him.

Don't we all know someone or the other like this, but I wouldn't call them 'friends' . This guy seems to be very hard personality and it is very unlikely for him to land in an understanding. If the resale value of the car is in the ballpark of the so called one lakh rupees, forget it. Get the car sold at whatever value you can get in cash. It is his headache then.

Originally Posted by Thechakshu

And also note that since 2019 incident he never called me (not even once) or asked me to pay him.

Although unlikely for him to contact you again, if he does then ask him what car he is talking about. Tell him the deal was between your dad and him and you have no idea what he is talking about.

Originally Posted by Thechakshu

P.S.- I am not in a mood to pay this extortionist a single penny.

Crooks like these will still try to fleece you after you pay the so called amount. It will be a bad deal in the end. Like the Americans say, we never negotiate with the bad guys

[RedTerrano]

Originally Posted by Thechakshu

Now I have no clue how to deal with this, please suggest what options do I have, if any and what should I do in this case?

So the car is physically in your possession but on paper it belongs to this dude? Way I look at it, this is a golden opportunity. The law says, in case of a crime, the official owner is (also) responsible. Sure you can get in touch with some anti social elements like say hooch manufacturers or someone who are always on the lookout for wheels to transport their produce? Lease them the car. If they get caught, not your problem. If they don't enjoy your income. One police case should teach the stubborn connected dude a lesson

Jokes apart, I would say sell the vehicle. I think your best bet is rural areas where they don't care much for documentation. Of course it might be a good idea to make the prospective buyer aware of the true situation. Once you make the sale, get yourself a brand new set of wheels.

[neil.jericho]

Originally Posted by Thechakshu

And also note that since 2019 incident he never called me (not even once) or asked me to pay him.
Now I have no clue how to deal with this, please suggest what options do I have, if any and what should I do in this case?

Thechakshu, this is an unfortunate situation to be in. Like libranof1987, even I too am puzzled how you did not realize that the car was not in your dad's name for so many years. Anyways what is done is done.

You mentioned that you cant use the vehicle in NCR any longer. So there is no point in wasting your peace of mind, time and money in a settlement / middle ground to get it transferred to your name. You will have to sell it to the on paper 3rd owner due to the NCR issue. My suggestion is that you just find a used car dealership that is willing to take it off your hands. Get whatever you can and move on in life. Tomorrow if you have another insurance claim, the entire negotiation cycle will start again and give you more grief. Cut your losses and move on.

[condor]

Originally Posted by gkveda

But one point I did not understand in the whole transaction is, if you have purchased the car in 2012, how are you able to renew the insurance for 9-10 years?

That's a Loop hole. Insurance companies will renew the insurance if you approach the company/agent before it expires. Pay cash, take receipt, and renewal note. And you are done.

As long as there are no claims etc, all is well.

[libranof1987]

To everyone advising the OP to scrap/sell the car; kindly also advise him how it can be done if he doesn't have the actual owner's signature on the transfer form. Which dealer, in his right mind, will want to take this car?!

His real struggle is the ownership transfer. Either find political contacts of your own, or lawyer. Anyone got a better idea on how to get the owner to sign this car off?