🚗 How to Sell a Car If the Owner Is Deceased – Legal Transfer Process India 2025
In India, when a vehicle owner passes away, the ownership of the vehicle doesn’t automatically transfer to the next of kin. To legally sell or use the vehicle, the legal heir must apply for ownership transfer through the Regional Transport Office (RTO). Here's a complete step-by-step guide for 2025.
📌 Step-by-Step Process to Sell or Transfer a Car After Owner's Death
1. Apply for Ownership Transfer
The legal heir must apply for the ownership transfer at the local RTO where the vehicle is registered. This process must be completed before selling or driving the vehicle.
2. Collect the Required Documents
- Death Certificate of the deceased owner (attested copy)
- Original Registration Certificate (RC)
- Form 31 – Application for transfer of ownership in case of death
- Succession certificate or affidavit by surviving members (if multiple heirs)
- Valid insurance certificate of the vehicle
- Pollution Under Control (PUC) certificate
- Valid address proof of the heir
- Self-attested passport-size photographs of the heir
- Vehicle inspection report (if required by RTO)
3. Submit Form 31 and Affidavit
Form 31 is specifically meant for transferring ownership in case of death. You may need a No Objection Certificate (NOC) from other legal heirs (if more than one), usually in affidavit format, declaring no objection to the transfer.
4. Pay the Transfer Fee
The ownership transfer fee for private cars is generally ₹150–₹500. This may vary depending on the RTO. Also, pay road tax dues if any.
5. RTO Verification and Approval
The RTO may conduct an inspection and verify the documents. Once satisfied, the ownership will be updated in the RC in the name of the legal heir.
6. Sell the Vehicle
Once the vehicle is legally in the name of the heir, they can sell it like any normal transaction. Follow the regular process for ownership transfer from seller to buyer.
🔐 Important Points to Remember
- Do not sell the vehicle before legal transfer is complete.
- If there are multiple heirs, a joint affidavit or succession certificate is crucial.
- Keep photocopies of all submitted documents for future reference.
- You can also apply online via Parivahan portal for certain RTOs.
✅ Can You Drive the Car Before Transfer?
No. It is not legally recommended to use or drive the vehicle if the registered owner is deceased, especially without updated insurance and ownership. In case of an accident, insurance claims can be rejected.
📝 Sample Affidavit Format for Heir
Many RTOs accept a notarized affidavit declaring the heir's right to claim the vehicle. You can consult a lawyer or notary for a proper format.
📎 Internal Resources:
- How to Apply for Learning Licence Online
- Green Tax in India
- Convert Private Car to Commercial Vehicle
📍 Conclusion
Selling a vehicle of a deceased person in India requires careful documentation and RTO procedures. Always begin with legal ownership transfer before entering into any sale agreement. This ensures a smooth, legal, and future-proof sale process.
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