The process of legally transferring ownership of a vehicle from one individual or organisation to another is known as a vehicle ownership transfer. Ensuring a seamless transfer of ownership is essential whether you’re purchasing or selling used cars in Kerala. Transferring ownership of a vehicle is known as an RC (Registration Certificate) transfer. This guarantees that the car and all related legal obligations are formally passed to the new owner. You can choose to transfer ownership and registration of the car within the same state or to a different one. This post will guide you through every step of the car ownership transfer procedure.
When To Transfer The Ownership Of A Car?
You may transfer ownership or RC of a vehicle in the following situations:
Resale Of The Car: Ownership must be transferred to the buyer if you are selling your car. The RTO shall add details about the new owner to its database on the vehicle ownership transfer.
Car Auctioning: The new owner is responsible for completing all vehicle name transfer procedures if the car is being sold at auction to settle debts.
Death Of The Car Owner: The vehicle’s ownership is passed to the legal heir in the event of the owner’s death.
Car Ownership Transfer Process
Transferring ownership of a car is a simple procedure. The original RC, Forms 29 and 30, and identification documentation are among the specific documents that must be provided to the RTO. Depending on whether the transfer is intrastate or interstate, the procedures may vary slightly. Let’s take a closer look.
Car Ownership Transfer Within The Same State
It is comparatively easy to transfer car ownership within the same state. Here is a detailed explanation of the procedure:
- As mandated by the Motor Vehicles Act of 1988, complete Forms 29 and 30, signed by both the buyer and seller.
- Provide the buyer and seller the required paperwork and identification.
- The transfer fee must be paid at the RTO.
- Following the RTO’s confirmation of all the documentation, the buyer will receive the revised RC.
Interstate Car Ownership Transfer
In the event that the buyer and the owner are from separate states,
- The vehicle’s RTO should provide the No Objection Certificate (NOC).
- Get Forms 28, 29, 30, and 33 from the relevant state’s RTO where the buyer resides, fill them out, and sign them with the seller of the car.
- Send the completed paperwork to the RTO where the buyer resides, together with the buyer’s and seller’s address proof, insurance certificate, registration certificate, and pollution under control (PUC) certificate.
- The interstate transfer of ownership charge must be paid.
- The registration certificate will be moved to the buyer’s name in the new state when the RTO has confirmed all the paperwork.
Car Ownership Transfer Of A Deceased Person
In the case that the vehicle’s original owner dies, the proper procedures and paperwork need to be followed. The legal heir may start the procedure of transferring ownership of the vehicle within 30 days following the original owner’s death. They have to provide:
- The vehicle’s original owner’s death certificate.
- Succession certificate, often known as the new owner’s legal heir certificate.
- The original PUC certificate, insurance document, and RC for the car.
- Form 31 as per the Motor Vehicles Act 1988 .
- Evidence of the lawful heir’s identity and residence.
- Following payment of the application fee and tax and verification of the given documentation, the vehicle will be transferred to the legal successor.
Ownership Transfer Of A Car Purchased In An Auction
Purchasing an automobile at a public auction also entails a certain procedure. It is required that you apply for a change of ownership within thirty days of purchasing a car at auction. The process is as follows:
- As mandated by the Motor Vehicles Act of 1988, submit Form 32.
- Provide evidence of address, insurance, the vehicle’s original RC, and the PUC certificate.
- Provide the new owner’s identification and proof of address.
- Pay the application fee and any applicable road tax in the new state.
- Following document verification, the RTO will issue the new RC.
Documents Required For Car Ownership Transfer
You must provide the following documents in order to complete the transfer:
- Original Registration Certificate (RC) from the seller.
- Form 29 and 30 with passport-sized photos of the buyer and seller.
- Form 28 in case of interstate transfer.
- Proof of residential address, such as a passport, voter ID, Aadhaar, etc.
- A valid insurance certificate to confirm the insurance status of the car.
- The RTO imposes a fee that consists of both transfer and service fees.
- A valid Pollution Under Control (PUC) certificate:
- Cars manufactured after April 2010 need a PUC to be renewed every 12 months.
- PUCs for cars manufactured prior to April 2010 must be renewed every three months.
- Report from the National Crime Records Bureau (NCRB) confirming that the car has never been used illegally.
Consequences Of Not Transferring Ownership
If ownership has not been transferred, you will also be held accountable for any traffic infractions committed by a buyer. If you haven’t transferred ownership of your vehicle, you will be drawn into unnecessary legal issues. Therefore, although the process of transferring ownership of a car is tedious and time-consuming, it is always recommended to do so during the sale.
Conclusion
When ownership of a car is transferred, the new owner can exercise their legal rights over it. Following the right procedure and completing the ownership transfer is the responsible course of action, regardless of the cause. If you’re planning to buy or sell used cars in Kerala, understanding the car ownership transfer process is essential to ensure a smooth and legal transaction.
