How To Transfer Vehicle Ownership After Death?

Transferring vehicle ownership after the death of the owner can seem like a complex process, but it is a necessary legal step to ensure that the vehicle is legally registered in the name of the rightful heir or beneficiary. The process involves the submission of several documents, verification by the Regional Transport Office (RTO), and the completion of administrative formalities.

How To Transfer Vehicle Ownership After Death?:

Check the Vehicle Ownership Documents:

Original RC (Registration Certificate):

Ensure that you have the original vehicle registration certificate, which contains details of the vehicle and the registered owner.

Insurance Details:

Check if the insurance policy of the vehicle is valid and transferable.

Tax Receipts:

Ensure that all road tax and fees related to the vehicle are up-to-date.

Legal Heir or Succession Certificate:

If the deceased person has left a will, the legal heir or nominee mentioned in the will can apply for the vehicle’s ownership transfer. If there is no will, the person claiming the vehicle ownership must obtain a succession certificate or a legal heir certificate from the local court or the tehsil office. This document confirms the rightful heirs of the deceased.

Nominee’s Role:

If the deceased had nominated someone for the vehicle (in cases like a bank account nominee), the nominee can apply for the transfer of ownership directly.

Visit the Regional Transport Office (RTO):

After gathering all necessary documents, the claimant needs to approach the Regional Transport Office (RTO) where the vehicle was originally registered. The RTO will guide the claimant through the process and provide the required forms for ownership transfer.

If the vehicle is registered in a different state, the claimant may need to complete a no-objection certificate (NOC) or apply for a transfer of registration to the state where the legal heir resides.

Required Documents for Transfer:

Death Certificate:

A certified copy of the deceased person’s death certificate must be submitted as proof of the person’s death.

Legal Heir Certificate or Succession Certificate:

As mentioned earlier, this certifies the rightful heirs of the deceased. This may be required if there is no will.

Original RC:

The original Registration Certificate (RC) of the vehicle issued by the RTO.

Proof of Identity and Address:

The claimant must submit identity proof (Aadhar card, passport, voter ID, etc.) and address proof (utility bills, ration card, etc.) for verification.

Form 29 and Form 30:

These are essential forms provided by the RTO to initiate the vehicle ownership transfer process. Form 29 is used for intimation of transfer of ownership, and Form 30 is for application for transfer of ownership.

Vehicle Insurance:

The vehicle’s insurance policy should be in the name of the deceased or transferred to the new owner.

Clearance of Dues:

Ensure that there are no pending dues, such as taxes or fines, related to the vehicle. These should be cleared before the transfer process begins.

If the vehicle has any outstanding loans or liabilities, these must be settled with the lender before the transfer can occur.

Transfer of Vehicle Title:

Application Submission:

Once the documents are collected, they must be submitted to the RTO. Along with the forms, the RTO will inspect the vehicle and verify the documents submitted.

Payment of Fees:

There are applicable fees for transferring vehicle ownership. The claimant must pay these fees at the RTO. The exact amount will depend on the type and age of the vehicle.

Vehicle Inspection (if required):

The RTO may request an inspection of the vehicle to confirm its condition and verify the details. The inspection process ensures that the vehicle matches the records in the RTO database.

Transfer of Vehicle Ownership:

Once the RTO is satisfied with the documents and vehicle condition, the new owner (legal heir or beneficiary) will be issued a new registration certificate (RC) in their name. This officially completes the transfer process, and the new owner will have legal control over the vehicle.

Updating Insurance and Other Documents:

After the ownership transfer, the new owner should update the vehicle’s insurance policy and inform the insurance provider about the change in ownership.

Additionally, it is advisable to update other records such as the vehicle’s fitness certificate or taxation records to reflect the new owner.

Legal Actions and Protections:

Court Intervention:

In case of disputes over the rightful ownership of the vehicle, legal action can be taken to resolve the matter. The court may determine who the legitimate heirs are and issue appropriate orders.

Nominee Rights:

If a nominee is named on the vehicle’s registration, they are given priority for the transfer process. In such cases, the nominee does not require a succession certificate, but the process still requires submission of all other necessary documents.

Example:

Suppose a person named Ravi passes away, and his legal heirs (his wife and children) want to transfer ownership of his car. Since Ravi did not leave a will, his wife obtains a legal heir certificate from the local authorities. The family then visits the RTO, submits the necessary documents, including the death certificate, RC of the vehicle, and succession certificate, and pays the applicable fees. After verification, the RTO issues a new RC in the name of Ravi’s wife, and the ownership of the vehicle is officially transferred to her.

Conclusion:

Transferring vehicle ownership after the death of the owner requires careful attention to legal procedures and documentation. It involves obtaining the appropriate certificates, submitting the necessary forms to the RTO, and ensuring that all dues and liabilities are cleared. By following the outlined steps, legal heirs can successfully transfer the ownership of the deceased’s vehicle in a smooth and lawful manner.