Car Seller Passed Away in Traffic Accident, Leaving Incomplete Paperwork

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      User_4a9f1501
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        U
        User_4a9f1501
        PARTICIPANT
        January 31, 2025 at 2:42 pm
        The story begins in September 2024 when my older brother tried to purchase a car from a man in our village. The seller explained that he needed to pay off a loan from Kotka Finance related to the car and mentioned that he was currently making monthly installments to the finance company.

        My brother advised the seller to clear the loan before proceeding with the sale. Clearly, the seller did not have enough money to settle the loan before selling the car. After conducting a background check, my brother verified that the seller was not a fraudulent person. Consequently, my brother paid the seller in cash, signed a Stamp confirming the transaction related to car, and took possession of the car along with its registration ID. He also had the seller sign on blank Forms 29 and 30.

        One thing to note here that my brother works in a government job, so he informed me that he would be buying the car in my name, making me the vehicle’s owner. I also signed the Stamp and the blank Forms 29 and 30.

        After receiving the payment, the seller began looking for a new car for himself, taking about 10 to 15 days to do so. When my brother followed up to see if he had paid off the loan, the seller replied he had been busy and that the finance company’s office was closed and so on.

        Tragically, about 15 days later, the seller died in a road accident. His family demanded the car back, and when we requested a refund for our money, they replied that they would return it later, but they wanted the car back immediately.

        Faced with this situation, we decided to cancel the deal and no longer wished to purchase the car. However, they were now offering significantly less than what we had originally paid.

        While all of this was happening, we tried to gather information about the loan status. We found out that the seller paid off the loan the day before he died, but he didn’t close the loan because there was still around โ‚น38,000 remaining. Without paying that much, they wonโ€™t issue us a No Objection Certificate (NOC).

        About five months have passed, and in the meantime, we have visited the finance office many times. The employees repeatedly said that the family would receive an insurance claim and urged us not to worry, assuring us that the car is ours. Later, we discovered that one of the employees is a relative of the seller. Iโ€™m unsure if the sellerโ€™s family received any insurance or any money, but today, when we called that employee, he informed us that the NOC had come from the company, and we should collect it along with the seller’s father.

        Tomorrow, Iโ€™m going to collect the NOC with a middleman and the seller’s father. My brother is not here, and I have some questions regarding the process:

        1. I now have blank Forms 29 and 30 signed by the seller. Should I fill them out? After receiving the NOC, we will go to the RTO office for registration. Who will be listed as the owner on these formsโ€”the seller or his father?

        2. How much time will it take to register the vehicle in my name?

        3. What steps should I take tomorrow to avoid any scams they might be planning?

        4. If you have time, please point out mistakes we made throughout this process.

        Thanks to everyone who read this entirely; I’m unsure how to summarize it in a TL;DR.

      • #62499 Reply
        Quicksatyendra7989
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          Q
          Quicksatyendra7989
          PARTICIPANT
          January 31, 2025 at 7:38 pm
          Sorry… But probably signed forms by a deceased person might not be a valid document, that too before getting NOC. Clearly NOC has been issued after the accident. I am not sure, but the legal heir of the deceased shall now be the owner of the vehicle. Probably this dispute may goto court if the heirs raise any objection. Since a good sum of amount is involved, it’s better to consult a lawyer who knows RTO related rules.

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