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AHi everyone,
I need some legal advice from the experts here because I’ve landed myself in a tricky situation due to my own negligence. Here’s what happened:I had a Honda City (2015 model) registered in my father’s name. He passed away in 2017, and at that time, I was just 17 years old. I didn’t have much guidance on how to handle the legal formalities after his passing. The car remained with us but was rarely used. I wasn’t aware that ownership needed to be transferred after a person’s death. We did, however, renew the insurance every year.
Later, I moved to another city for work, and the car just sat at home gathering dust, as there was no one else in the family who could use it. In late 2023, when I returned to my hometown, I decided to sell the car since it was aging. That’s when I learned about the ownership transfer process.
While I was looking to buy a new car, I finalized a deal with Hyundai. They asked if I had a car to exchange, which could get me a better deal. I mentioned the City, and after their inspection, they offered a good exchange value. I told them I would need some time as the car was still registered under my late father’s name and needed to be transferred first.
Here’s where I made a mistake:
The Hyundai dealership (specifically their H Promise exchange person) advised me that transferring it wasn’t necessary. They said if I transferred it, I would show up as the second owner, and when they sold it further, it would appear as a third-owner car — lowering its resale value. They assured me they could handle everything with the original RC.Trusting them, and wanting an easier process, I agreed. They issued me a purchase document listing the car’s details, sale value, and had it signed and stamped. I handed over the keys and the original RC. At the time, I thought it was sufficient proof of sale and not my responsibility anymore.
Fast forward 15 months:
I received a call from a police officer asking about my father. When I clarified that he had passed away, the officer asked if I was his son. I said yes, and he then questioned why pending challans on the Honda City weren’t paid.At first, I thought he was talking about my new car, but when he mentioned the City, I explained that I had sold it to Hyundai. Then he told me the car had been involved in a robbery. He asked if I had any proof of the sale, and I confirmed I did. He mentioned that this kind of thing happens often — dealers not transferring vehicles properly — and asked me to send the sale documents over WhatsApp so he could pursue the dealership.
I told him I was currently out of town (even though I’m not) and would send it in a couple of hours.
At this point, I don’t even know if he’s a police guy or not, but he has mentioned my father’s old address, and has all details related to the car, which I don’t think is easily accessible unless you are from police?
Now, I need help understanding:
* What exactly is going on here?
* Am I in any legal trouble?
* What steps should I take immediately to protect myself?Any guidance would be highly appreciated!
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BLawyer here. This situation is indeed, not very uncommon. Regardless of this being true or not, you could sue Hyundai over multiple charges – both civil and criminal. Ask the police officer to send you the FIR details if they ask why, tell them that your lawyer has told you so and you have the right to obtain the copy.
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MI’m sorry to hear about the situation you’re facing. Here are the steps you should consider taking:
1. Verify if the call was genuinely from a police station or official. If confirmed, proceed with the next steps.
2. Gather all evidence related to the sale, including documents and payment transactions.
3. File an FIR against Hyundai and any unknown individuals involved in this issue.
4. Apply for anticipatory bail to protect yourself legally.
5. Consult with a criminal lawyer to guide you through this process.
I hope this helps, and I wish you the best in resolving this matter.
Best regards,
**Advocate Rajeev K Jha**
Bangalore
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MWas in the exact same situation:
1. Transferring to legal heir after demise doesn’t show as an additional owner. In my case my dad was the second owner and the RC had wrong info. They wanted my father to fix it first before transfer ( dad was already dead by then). Hence i couldn’t get it done via the legal route
2. RTO is pretty corrupt dept. You can get anything done by paying a price. Most likely you just have pending challans. Robbery might have been an at the moment addition to get your attention.NAL.
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