The Motor Vehicles Act, 1988
50.
Transfer of ownership.
- Where the
ownership of any motor vehicle registered under this Chapter is transferred,--
- The transferor
shall,--
- in the case of
a vehicle registered within the same State, within fourteen days of the
transfer, report the fact of transfer, in such form with such
documents and in such manner, as may be prescribed by the
Central Government to the registering authority within whose
jurisdiction the transfer is to be effected and shall simultaneously
send a copy of the said report to the transferee; and
- In the
case of a vehicle registered outside the State, within forty-five days of the
transfer, forward to the registering authority referred to in sub-clause (i)--
- The no
objection certificate obtained under section 48; or
- In a case
where no such certificate has been obtained,--
- the receipt
obtained under sub-section (2) of section 48; or
- The postal
acknowledgement received by the transferred if he has sent an application in
this behalf by registered post acknowledgement due to the
registering authority referred to in section 48 together with a
declaration that he has not received any
communication from such authority refusing to grant such
certificate or requiring him to comply with any direction subject to which
such certificate may be granted;
- the
transferee shall, within thirty days of the
transfer, report the transfer to the registering authority within whose
jurisdiction he has the residence or place of
business where the vehicle is normally kept, as the case may be, and shall
forward the certificate of registration to that
registering authority together with the prescribed fee and a
copy of the report received by him from the
transferor in order that particulars of the transfer
of ownership may be entered in the certificate of registration.
- Where--
- The person in
whose name a motor vehicle stands registered dies, or
- a motor
vehicle has been purchased or acquired at a public
auction conducted by, or on behalf of, Government, the
person succeeding to the possession of the vehicle or,
as the case may be, who has purchased or acquired the
motor vehicle, shall make an application for the purpose of
transferring the ownership of the vehicle in his
name, to the registering authority in whose jurisdiction
he has the residence or place of Business where the vehicle is normally kept, as
the case may be, in such manner, accompanied with such fee, and within such
period as may be prescribed by the Central Government.
- If the
transferor or the transferee fails to report to the registering
authority the fact of transfer within the period specified in clause (a) or
clause (b) of sub-section (1), as the case may be, or if the person who is
required to make an application under sub-section (2)(hereafter in this
section referred to as the other person) fails to make such application within
the period prescribed, the registering authority may, having regard to the
circumstances of the case, require the transferor or the transferee, or the
other person, as the case may be, to pay, in lieu of any action that may be
taken against him under section 177 such amount not exceeding one hundred
rupees as may be prescribed under sub-section (5):
Provided that
action under section 177 shall be taken against the Transferor or the transferee
or the other person, as the case may be, where he fails to pay the said amount.
- Where a person
has paid the amount under sub-section (3), no action shall be taken against him
under section 177.
- For the
purposes of sub-section (3), a State Government may prescribe different amounts
having regard to the period of delay on the part of the transferor or the
transferee in reporting the fact of transfer of ownership of the motor vehicle
or of the other person in making the application under sub-section (2).
- On
receipt of a report under sub-section (1),
or an application under sub-section (2), the registering authority may
cause the transfer of ownership to be entered
in the certificate of registration.
- A
registering authority making any such entry
shall communicate the transfer of ownership to the transferor
and to the original registering authority, if it is not the original
registering authority.