Request for Advice on Used Car Sale
I need your suggestion.
This is regarding the sale of my brother's used car. He purchased a new car from a dealer in Kolkata and traded in the old one. A certain amount was adjusted with the new car purchase. During the handover, the dealer provided their delivery challan.
We provided them with all the required car documents in original, along with the car and keys. Everything was mentioned in their delivery challan. This happened in 2013.
Later in 2016, when we received a case and contacted the dealer, we learned that the dealer had sold the car. We visited the dealer's office and discovered that they had sold the car on 26.12.2013 but did not inform us. During our visit in 2016, they provided us with Form-29, Form-30, a delivery note, the purchaser's PAN (copy), and other documents. We have communicated with the dealer many times for the name change, but it has not been done till today. We have also submitted a sale intimation letter to the concerned department at Lal Bazar, Kolkata.
Now, could anyone suggest what to do next?
Regards,
From India, Kolkata
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I need your suggestion.
This is regarding the sale of my brother's used car. He purchased a new car from a dealer in Kolkata and traded in the old one. A certain amount was adjusted with the new car purchase. During the handover, the dealer provided their delivery challan.
We provided them with all the required car documents in original, along with the car and keys. Everything was mentioned in their delivery challan. This happened in 2013.
Later in 2016, when we received a case and contacted the dealer, we learned that the dealer had sold the car. We visited the dealer's office and discovered that they had sold the car on 26.12.2013 but did not inform us. During our visit in 2016, they provided us with Form-29, Form-30, a delivery note, the purchaser's PAN (copy), and other documents. We have communicated with the dealer many times for the name change, but it has not been done till today. We have also submitted a sale intimation letter to the concerned department at Lal Bazar, Kolkata.
Now, could anyone suggest what to do next?
Regards,
From India, Kolkata
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Clarification and Legal Steps
First of all, please clarify what type of case it was when you mentioned, "Later in 2016 when we received a case and contacted the dealer in 2016."
Secondly, immediately send a legal notice through a prudent local lawyer to the purchaser as well as the dealer, instructing them to transfer the vehicle.
Also, if the issue remains unresolved even after sending a legal notice, file a case for the transfer of the vehicle as well as for claiming maintenance for the mental harassment caused to you.
For further clarification or information, please call or email me.
Regards, Suneel Moudgil, Advocate
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22First of all, please clarify what type of case it was when you mentioned, "Later in 2016 when we received a case and contacted the dealer in 2016."
Secondly, immediately send a legal notice through a prudent local lawyer to the purchaser as well as the dealer, instructing them to transfer the vehicle.
Also, if the issue remains unresolved even after sending a legal notice, file a case for the transfer of the vehicle as well as for claiming maintenance for the mental harassment caused to you.
For further clarification or information, please call or email me.
Regards, Suneel Moudgil, Advocate
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Dear Mr. Suneel Moudgil,
Thank you very much for your valuable feedback.
Traffic violation notices
Actually, I meant cases where we have received 5-6 notices from the Traffic Department, Kolkata, for "Minor Traffic Violation." Since the car is still in my brother's name, these types of notices are sent to my brother’s address.
When we contacted the purchaser to whom the car dealer sold the car, they said, "I will do it but never says I will not do it!" However, emails sent to the car dealer, who is the mediator in this case, are not being replied to. They last called 3-4 months ago!
Proposed solution
We are considering obtaining a self-declaration note from the purchaser on a stamp paper and having it notarized, summarizing all incidents to date. How would this be?
In this regard, could it be possible to make a sale agreement also between my brother and the purchaser? These two steps are just for safeguarding!
Then, we plan to send copies of all the mail correspondences along with these notarized documents and other necessary documents to the RTO.
Again, I would be much obliged if you could suggest how to solve this issue!
Regards,
From India, Kolkata
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Thank you very much for your valuable feedback.
Traffic violation notices
Actually, I meant cases where we have received 5-6 notices from the Traffic Department, Kolkata, for "Minor Traffic Violation." Since the car is still in my brother's name, these types of notices are sent to my brother’s address.
When we contacted the purchaser to whom the car dealer sold the car, they said, "I will do it but never says I will not do it!" However, emails sent to the car dealer, who is the mediator in this case, are not being replied to. They last called 3-4 months ago!
Proposed solution
We are considering obtaining a self-declaration note from the purchaser on a stamp paper and having it notarized, summarizing all incidents to date. How would this be?
In this regard, could it be possible to make a sale agreement also between my brother and the purchaser? These two steps are just for safeguarding!
Then, we plan to send copies of all the mail correspondences along with these notarized documents and other necessary documents to the RTO.
Again, I would be much obliged if you could suggest how to solve this issue!
Regards,
From India, Kolkata
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Legal implications of vehicle ownership transfer
As you mentioned minor cases like "Minor Traffic Violation," let's consider a more serious scenario. What if a terrorist activity was carried out using your vehicle, or if an accident was caused by your vehicle—who would be held responsible?
The police would promptly initiate proceedings against the registered owner upon receiving vehicle details from the RTO office. In your case, you are aware of who the registered owner is.
Receiving 5-6 notices implies that these notices were reaching your brother over a span of approximately a year, indicating that the vehicle is still registered in his name. Have any efforts been made by him to transfer the vehicle? None.
This is a critical issue that needs immediate attention. It is advised to expedite the transfer of the vehicle into the purchaser's name as soon as possible. If your brother sells the vehicle further, the situation will become more complex.
Therefore, take prompt action, as previously recommended by me.
If you can obtain a notarized sale/purchase agreement and an affidavit summarizing all incidents, it would be beneficial. However, you need to make the necessary efforts yourself—do not delay. Upon acquiring the agreement and affidavit, send him a legal notice and commence Police and Court proceedings.
For any additional clarifications or legal queries, feel free to call or email me.
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As you mentioned minor cases like "Minor Traffic Violation," let's consider a more serious scenario. What if a terrorist activity was carried out using your vehicle, or if an accident was caused by your vehicle—who would be held responsible?
The police would promptly initiate proceedings against the registered owner upon receiving vehicle details from the RTO office. In your case, you are aware of who the registered owner is.
Receiving 5-6 notices implies that these notices were reaching your brother over a span of approximately a year, indicating that the vehicle is still registered in his name. Have any efforts been made by him to transfer the vehicle? None.
This is a critical issue that needs immediate attention. It is advised to expedite the transfer of the vehicle into the purchaser's name as soon as possible. If your brother sells the vehicle further, the situation will become more complex.
Therefore, take prompt action, as previously recommended by me.
If you can obtain a notarized sale/purchase agreement and an affidavit summarizing all incidents, it would be beneficial. However, you need to make the necessary efforts yourself—do not delay. Upon acquiring the agreement and affidavit, send him a legal notice and commence Police and Court proceedings.
For any additional clarifications or legal queries, feel free to call or email me.
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Dear Mr. Suneel Moudgil, sorry for the delay in getting back to you. We have obtained the notarized document and an affidavit containing a summary of all incidents. We have made several attempts to proceed with the name change, but unfortunately, it has not been completed yet.
Recently, we received a call from him informing us that he has sold the car to another person and has shared our details with the new owner. He mentioned that he would provide us with the new owner's details as well. I expressed my concern about this situation, questioning how it was possible for him to sell the car without notifying us, especially after signing a legal document.
Could you please advise us on the next steps to take in this matter?
Regards,
From India, Kolkata
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Recently, we received a call from him informing us that he has sold the car to another person and has shared our details with the new owner. He mentioned that he would provide us with the new owner's details as well. I expressed my concern about this situation, questioning how it was possible for him to sell the car without notifying us, especially after signing a legal document.
Could you please advise us on the next steps to take in this matter?
Regards,
From India, Kolkata
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Legal Clarification on PF Contribution Reduction & Transfer of Ownership & Management.pdf
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