Here is my proforma for Transfer of Ownership of Motor Vehicles TO WHOMSOEVER IT MAY CONCERN
Certified that we namely Shri_______________ , s/o____________ resident of ____________________________(seller) and Shri______________________________________________ _______________son of Shri______________________________________________ __ ____residentof____________________________________ _____________(buyer) have entered into an agreement to sell the automobile (make,class and model year)_______________bearing registration no.________________ , engine no.___________and chassis no._______________in a mechanically fit, sound and satisfactory running condition to the buyer. The automobile has been checked by a competent mechanic and the buyer Shri________________________ is fully satisfied. No complaints of any kind whatsoever as far as the automobile (make) _______________bearing registration no. __________________ is concerned will be entertained hereinafter by the seller.
The sale is being effected from this ______day of __________ during the year_______ at _________A.M./P.M after which every action with the automobile (make)________________registration no. _______________________will solely be the liability and responsibility of the buyer Shri_______________ who is also the new owner, hereinafter the quoted date and time from when the sale is effected. The seller Shri _____________________bears no liability and responsibility hereinafter since the sale is fully effected.
The buyer Shri___________________________________undertakes to effect the transfer of ownership viz. insurance, registration and taxation certificates in his own name within a reasonable time period of time, in any case not later than two weeks from the date of the sale.
The sale is being effected for a consideration of a sum of Rupees_________ which the buyer has paid the seller by Cash/Cheque/ Demand Draft/Bankers cheque bearing no.______________dated and drawn on (bank and branch).
signed with name and address signed with name and address
(BUYER) (SELLER)
Dated
Witnesses
(1) Signature Name and Address_________________________
(2) Signature Name and Address_________________________
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This is a proforma for all of us who may sell his or her automobiles- Its very essential as there are cases when the new buyer does not transfer the vehicle in his or her name and in such cases all the liabilities rest with the old owner who was the seller.Thefts , criminal acts including involvement in accidents or acts of terrorism and everything else like evasion of taxes and insurance will all be the responsibility of the owner in whose name the vehicle is registered at the time of commitment of such acts.
In Maharashtra we compulsorily require an affidavit on a stamp paper, signed by a notary now a days, where this proforma can be printed.
Now a days people buy a motor vehicle , get the transfer papers signed but choose not to transfer ownership for some obvious reasons. Then the onus of responsibility for any civil and criminal wrong doings with the motor vehicle rests with the registered owner, who sadly is the seller without a voice now. If the time and date of sale and the terms for transfer of ownership (say within two weeks from the date of purchase) is recorded thats a legal document which can save the seller should any unforeseen event happen!
Insurance transfer should take place first, prior to the RTO transfer/mutation of ownership based on the sale deed or document. This done by the new owner and there's no need for the seller (vendor) to inform the insurers.
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In this instant case mentioned the seller can send a legal notice to the buyer whosoever has bought the motor vehicle initially and has evidently received the papers (presumably the seller has obtained the buyer's signature with date on the seller's receipt which is evidence enough that the ownership has changed but has not been registered with the Regnl Transport Authority).Also personally visit the RTO office with the papers and submit an application stating the facts (get it drafted by a lawyer-better still if he accompanies you to the RTO office) and obtain a receipt of that letter on its duplicate copy from the inward dak desk in the RTO office.
Thereafter seeking the lawyer's advice a public notice can be published in at least one or two prominent local dailies of the city where the buyer resides, citing the non-transfer of ownership and explicitly stating that "the seller shall in no way whatsoever be responsible for any misdeeds,unlawful activities or any acts of omission or commission with the motor vehicle (state make, model,type of body,registration number, engine and chassis nos.)by the buyer or any other person who directly or indirectly uses the motor vehicle for such misdeeds,unlawful activities or any acts of omission or commission. The liability of such misdeeds,unlawful activities or any acts of omission or commission shall solely rest with the buyer of the motor vehicle."
Last edited by anjan_c2007 : 18th January 2010 at 23:06.
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