Sold my bike in 2015, but now the 3rd buyer is asking me for NoC

I want to get out of this mess as soon as possible as the RC still carries my name.

BHPian The Great recently shared this with other enthusiasts.

Hello,

I sold my Yamaha Rx 135 - 5 Speed (Project Yamaha Rx) in 2015.

I am particular with the paperwork and hence got the copy of the TTO set and the buyer's credentials on the Delivery Note. The bike was sold in Mumbai itself.

The guy who bought the bike didn't transfer it to his name for 3 years and I had long forgotten about it. (lesson learnt always ask for new owners RC). Will refer him as buyer # 1.

In 2017 the NOC was issued for Kalyan RTO on the basis of TTO set to another buyer from #1 to #2 without my knowledge.

#2 never transferred this bike to his name despite the NOC and recently sold the bike to #3 and the rule prevailed at that time was NOC expires in 90 days.

Now this #3 calls me up in Aug 2023 and suddenly asks for my KYC (Aadhar and PAN) so that he can get it transferred to his name. Obviously, I didn't send my documents in the first call itself even though he sounded very genuine. He kept calling me for 2 - 3 days and now his RTO agent has called me narrating the details of the transfer to this #3 and which requires my KYC documents since the NOC has expired. He also shared the original RC and the transfer documents which they have presented in Kalyan RTO.

#1 guy is untraceable to whom I sold the bike since he moved out of Mumbai long back and his number given on the delivery note is out of service.

I have politely refused to give my documents unless sufficing these reasons:

The #2 guy has to come and meet me first.

He has to send me an email with all the details as to why my KYC is required and he has to attach his Aadhar PAN in the mail.

The number #3 guy also has to give his Aadhar and PAN attached to the same email.

I will send my Aadhar PAN by replying to the same email with a watermark.

What I have found out from my RTO agent is that the procedure they have stated is correct and that they will require my KYC for the reissue of NOC. And even though I want to get out of this mess as soon as possible as the RC still carries my name. My main concern is how can I be affected in the possible worst-case scenarios despite having the delivery note and copy of TTO set during the sale.

Please correct me if I am wrong and what steps are to be taken to this unique nonsensical problem.

Here's what BHPian Turbanator had to say on the matter:

Document this on some kind of affidavit from the no.3 buyer that he understands the bike was sold by you to no.1 buyer and then to no.2 buyer and he will be responsible for any legal challans/ matters etc.

Continuing the bike to remain in your name is not going to help you either. The only thing to safeguard is that you should not be responsible for any act from the time you sold to now i.e time of signing new forms. Technically, the no.3 buyer will be no. 1 and you will be responsible for all this time.

Here's what BHPian anjan_c2007 had to say on the matter:

A typical scenario is where the seller finds that he or she is helpless as the transferee refuses to do his job by transferring the motor vehicle to his name. As regards NOC please also check the VAHAN portal as many are getting issued new NOCs online after cancelling the old NOC. The more corrupt states are still not allowing this VAHAN feature to apply in their respective states.

Yes, your stance is right. The #1 owner has disappeared and until he is found without any effort, it's futile to make any efforts to trace him. But you have two birds in hand now. Buyer # 2 is Bird # 1 and this eager, new transferee who is impatient is Bird # 2.

It's hence logical for you to clearly tell Bird #2 to communicate with Bird #1 and settle the issue among themselves to your satisfaction first. The fact that he has not transferred it to his name needs to also be recorded by Bird# 1 with due reasons in an affidavit for your own record and not for initiating any action at the moment. It will come in handy if ever found that the bike broke traffic rules or was involved in any criminal activity which is not likely, but it is a precautionary step. It is like a repentance note from Bird #1.

Next, after the dealing with Bird #1 is over, please also ask Bird # 2, the eager transferee to also notarise an affidavit stating that he has bought the bike from Bird#1 with his name/age/ son of/ residence/ aadhar card no. and name/age/son of/residence of/aadhar card no. Bird #1 too recorded with aadhar card copies of Birds #1 and #2. He needs to state that he is requesting you (with your name, age, son of, age, residence, aadhar card no.) to issue NOC for the motorcycle, make, model, year of manufacture, cc, registration number with engine and chassis numbers. This document is also for your record only.

If there are any untoward incidents anytime earlier or later that involve you, you can also file a civil or criminal case depending on the gravity of such untoward incident.

For any seller, it is always advisable to have a jointly signed and notarised seller-buyer document, wherein the buyer undertakes to transfer the motor vehicle under reference within a stipulated time frame but within 90 days. This affidavit can be used to file a court case in case the new owner does not comply with his own words stated under oath before a notary.

Non-transfer to the new owner's name is always a grave risk for the owner in whose name the motor vehicle is registered. There is an Apex Court ruling that holds such an owner in whose name the registration is, responsible. Apart from traffic offences, thefts are dangerous as many such stolen motor vehicle thieves use these to commit crimes including indulging in terrorism, as has been glaringly in the news during recent times. Hence, we need to always see to it that the transfer is done at the earliest in our own interest.

Here's what BHPian MinivanDriver had to say on the matter:

I think what @Turbanator mentioned is the most prudent solution. I would advise strongly you to draw that affidavit up in consultation with a lawyer from your (first owner) end granting you indemnity from any legal or financial matters arising from the time you sold it to the second owner. If you hold it off any further, there is a chance that the current owner would again sell it off to some unknown party without ownership transfer and you lose the opportunity to set this right.

Here's what BHPian PaddleShifter had to say on the matter:

I bought a CBR150R in October 2015 that I sold in July 2016 at a heavy loss for a 700km run bike.

In Jan 2018, I received a call from an elderly person stating that his son (to whom I had sold the bike) had expired in a road accident and now they wish to sell the bike. The bike was sold in 2016 with a proper agreement and NOC transfer but the motorcycle was never transferred by that guy to his name.

Giving the NOC now meant what Turbanator has mentioned above, getting involved all over again. I flatly refused to give NOC again but settled to provide the Aadhaar copy on the condition that no further requests shall be entertained for any other document. The motorcycle was promptly transferred in someone else’s name. Dont, know how the NOC was procured (forging my signatures?).

My suggestion: enter into an agreement between two parties (not a buyer and seller agreement) on a Rs 500 stamp paper stating:

1. Owner 3 has approached you to get NOC for transferring the motorcycle to their name after purchasing it from XYZ.
2. Owner 3 acknowledges that you had sold the motorcycle to ABC in 2015 along with the NOC transfer.
3. That owner 3 takes responsibility for any court case, challan or legal issue arising out of the use of the motorcycle since the time you sold it.
4. That he has requested documents from you for NOC and ownership transfer and undertakes to transfer the motorcycle within 30 days.

A still easier way is to simply hand over the documents and ask owner 3 to transfer them in some way or the other. This should be possible since it was achieved by a dealer in my case above.

Disclaimer: I am not a legal expert. During my last motorcycle sale (Bajaj RS200) to a dealer in 2019, I entered into a buyer and seller agreement with the dealer stating that the ownership of the motorcycle will be transferred in his name (I acknowledged him as a buy and not a dealer in the agreement) within 45 days failing which the seller (me) has the right to cancel the registration of the motorcycle at RTO. He was confident of selling the motorcycle stat and had the buyer ready. The motorcycle ownership was transferred within 10 days.

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