Previous Owner Deceased Before Transfer

[Davy]

Hi Guys,

My dad bought this 1979 Lancer A72 in 1997 (from one of his good friends), and before he could complete the transfer, the previous owner passed away. The death occured suddenly so my dad didn't even want to think about the transfer at the time because the family was quite devastated with their loss.

It has been 14 years and it is I who take care of this car now, I do not have any intention of letting go of her because she has been there all my life.

However, I thik its high time that I get the transfer done. How do I get about with it now that the owner is deceased? Is there a legal procedure that I have to go through?

Other details:

- I have the agreement letter (hand-writen transfer letter with signatures by both parties on stamps)

- I have the original vehicle registration documents

- The deal was done in March 1997

Thanks in advance!

Davy

Edited December 9, 2011 by Davy

[SeanD]

Better talk to a lawyer and explore your options. Either that, or give a pagaa to some bugger in the transfer dept and get it done.

[MasterDon]

Edit:sorry misunderstood the question,not applicable

Edited December 9, 2011 by MasterDon

[The Don]

Hi Guys,

My dad bought this 1979 Lancer A72 in 1997 (from one of his good friends), and before he could complete the transfer, the previous owner passed away. The death occured suddenly so my dad didn't even want to think about the transfer at the time because the family was quite devastated with their loss.

It has been 14 years and it is I who take care of this car now, I do not have any intention of letting go of her because she has been there all my life.

However, I thik its high time that I get the transfer done. How do I get about with it now that the owner is deceased? Is there a legal procedure that I have to go through?

Other details:

- I have the agreement letter (hand-writen transfer letter with signatures by both parties on stamps)

- I have the original vehicle registration documents

- The deal was done in March 1997

Thanks in advance!

Davy

If the transfer papers are not dated as it was the usual practice when keeping vehicles on open papers, I think you could just submit the transfer and I don't think our systems are clever enough to figure out the current owner is deceased.

The other option (since these are family friends) for the family to claim the vehicle as part of their father/husband's estate and then sell it to you again (so two transfers) and this would be legally valid.

But if feeling unsure get some legal advice. To be honest I think option 1 should work.

[Sylvi]

Hi Guys,

My dad bought this 1979 Lancer A72 in 1997 (from one of his good friends), and before he could complete the transfer, the previous owner passed away. The death occured suddenly so my dad didn't even want to think about the transfer at the time because the family was quite devastated with their loss.

It has been 14 years and it is I who take care of this car now, I do not have any intention of letting go of her because she has been there all my life.

However, I thik its high time that I get the transfer done. How do I get about with it now that the owner is deceased? Is there a legal procedure that I have to go through?

Other details:

- I have the agreement letter (hand-writen transfer letter with signatures by both parties on stamps)

- I have the original vehicle registration documents

- The deal was done in March 1997

Thanks in advance!

Davy

I have done this Transfer when my father expired in 1965 sold his A40 Car later 5 years after even after my mother expired.

The car will have to be on the registered owners name. You have to get the final court proceedings how the estate of the late owner had left a will.

Court order call probate issued to the living persons that new owner can sell what ever he has inherited from his father.

There is a special permit the RMV issue to use a Vehicle, call Permit to use a vehicle on the "consequent death of the registered owner".

You have to give a probate copy of that and get the RMV to first register according to the probate how the registered owner had left the car according to his last will.

If the expired car owner, without a last will then the court decide with the other parties consent who will be the owner,of the car.

Then the transfer to your name after the vehicle registered first to inherited owners name with out any issue.

I think still you have to get as I said Permit to use a vehicle on the consequent death of the registered owner. Transfer in his name first after satisfying the legal officer. At RMV. Who is the legal owner should be eligible to be new the owner.

This is a bit of long and time consuming, what I wrote as I personally had gone through, To sell my late fathers car.

Best is to get hold of some body who do RMV work. Give some thing oil few Thousand Rupees and get same without going through the hassle of the correct legal way. Some times the RMV do not have old files .

I am not a lawyer only a automobile worker, above is my past experience. Present law may be different.

Sylvi Wijesinghe.

Edited December 10, 2011 by Sylvi

[Davy]

If the transfer papers are not dated as it was the usual practice when keeping vehicles on open papers, I think you could just submit the transfer and I don't think our systems are clever enough to figure out the current owner is deceased.

The other option (since these are family friends) for the family to claim the vehicle as part of their father/husband's estate and then sell it to you again (so two transfers) and this would be legally valid.

But if feeling unsure get some legal advice. To be honest I think option 1 should work.

Exactly what I thought as well. If the system isn't smart enough to figure it out, I'd have to cross my fingers and submit the documents. I'd prefer if I can do it this way because otherwise I'd have to go through a lot of trouble with all the legal stuff.

I think it's wise to get hold of a trustworthy guy working in the RMV and talk about this off the record before I make a move... right?

Thanks for your advice!

[Davy]

I have done this Transfer when my father expired in 1965 sold his A40 Car later 5 years after even after my mother expired.

The car will have to be on the registered owners name. You have to get the final court proceedings how the estate of the late owner had left a will.

Court order call probate issued to the living persons that new owner can sell what ever he has inherited from his father.

There is a special permit the RMV issue to use a Vehicle, call Permit to use a vehicle on the "consequent death of the registered owner".

You have to give a probate copy of that and get the RMV to first register according to the probate how the registered owner had left the car according to his last will.

If the expired car owner, without a last will then the court decide with the other parties consent who will be the owner,of the car.

Then the transfer to your name after the vehicle registered first to inherited owners name with out any issue.

I think still you have to get as I said Permit to use a vehicle on the consequent death of the registered owner. Transfer in his name first after satisfying the legal officer. At RMV. Who is the legal owner should be eligible to be new the owner.

This is a bit of long and time consuming, what I wrote as I personally had gone through, To sell my late fathers car.

Best is to get hold of some body who do RMV work. Give some thing oil few Thousand Rupees and get same without going through the hassle of the correct legal way. Some times the RMV do not have old files .

I am not a lawyer only a automobile worker, above is my past experience. Present law may be different.

Sylvi Wijesinghe.

Hi Sylvi,

Thank you, It's always good to get advice from someone who has gone through the situation...

First of all, I didn't know that there was a permit to use a vehicle on the consequent death of the registered owner. Are you saying that if for some reason I got into trouble with the car, I could have been dealt with legally for not holding the permit?

Right... so the correct legal way is very time consuming. Although I don't mind (because I am not planning on selling this car), But I still prefer if I can do it the other way (get hold of someone at RMV and...).

One other thing that I'd like to know is if you think it'd be much difficult for me since the previous owner is not related to me in anyway whereas in your case it was your dad who was the previous owner. Thoughts?

Thanks again for sharing your experience. It was really helpful.

Edited December 10, 2011 by Davy

[Davy]

Better talk to a lawyer and explore your options. Either that, or give a pagaa to some bugger in the transfer dept and get it done.

To tell you the truth, if all these legal procedures make no sense, I might go for the "pagaa" option. Thanks Sean!

[Sylvi]

Hi Sylvi,

Thank you, It's always good to get advice from someone who has gone through the situation...

First of all, I didn't know that there was a permit to use a vehicle on the consequent death of the registered owner. Are you saying that if for some reason I got into trouble with the car, I could have been dealt with legally for not holding the permit?

Right... so the correct legal way is very time consuming. Although I don't mind (because I am not planning on selling this car), But I still prefer if I can do it the other way (get hold of someone at RMV and...).

One other thing that I'd like to know is if you think it'd be much difficult for me since the previous owner is not related to me in anyway whereas in your case it was your dad who was the previous owner. Thoughts?

Thanks again for sharing your experience. It was really helpful.

'Davy',

You are correct Mine was my Late father. Your case is different. If previous owners relatives or children will come to know this, you can face some problems if you do not have any proper documents and RMV too will levy a late transfer charge.

Best is to use some Palm oil at RMV get your job done.

Today I came across one owner VW in bad shape at Bambalapitiya Joseph lane. Owner has passed away. Family members are not agreeing to sign to transfer the car, as thy are not in good terms one day it will has to be sold to a bottle man for scrap but still it can be restored.

There was one Railton Classic car straight eight manufactured in 1935 which was rotting few years ago, which was owned by a De Mel family. I do not know what happened to same.

Sylvi Wijesinghe.

[miniace]

The situation is so sad that our legal system is so complicated and its not easy to get your transfer done. Guaranteed.Email me will help you out if you have the original docs with you..

[email protected]

MINIACE

[Watchman]

I think what Don said makes most sense. The system isnt in sync to know if a owner is alive or dead. I personally know situations where "open papers" transfers were done long after the original owner passed away.

[Davy]

The situation is so sad that our legal system is so complicated and its not easy to get your transfer done. Guaranteed.Email me will help you out if you have the original docs with you..

[email protected]

MINIACE

Thanks a lot miniace. I have sent you an email.

[Davy]

I think what Don said makes most sense. The system isnt in sync to know if a owner is alive or dead. I personally know situations where "open papers" transfers were done long after the original owner passed away.

That's good to hear, let's hope mine goes through without being noticed as well. Fingers crossed.

[Davy]

'Davy',

You are correct Mine was my Late father. Your case is different. If previous owners relatives or children will come to know this, you can face some problems if you do not have any proper documents and RMV too will levy a late transfer charge.

Best is to use some Palm oil at RMV get your job done.

Today I came across one owner VW in bad shape at Bambalapitiya Joseph lane. Owner has passed away. Family members are not agreeing to sign to transfer the car, as thy are not in good terms one day it will has to be sold to a bottle man for scrap but still it can be restored.

There was one Railton Classic car straight eight manufactured in 1935 which was rotting few years ago, which was owned by a De Mel family. I do not know what happened to same.

Sylvi Wijesinghe.

Hi again Sylvi,

I had no idea about the levy and late transfer charge. Thanks for sharing that as well.

I sure hope I wont have to go through a situation where the previous owner's family is not in agreement of selling the vehicle. I don't think they'll mind because this is a very old car and we've been having it for a pretty long time now. But still... I sure don't want my car to end up like that VW or the Railton.

One thing I found out yesterday from my dad was that the transfer papers, although not dated, are signed by the previous owner! That makes things a lot easier I guess.

[miniace]

I replied your email mate. now only I saw your post here, If transfer papers are carrying previous owners signature and undated,its an easy game. Just ring my RMV contact. Good luck mate!

MINIACE

[Davy]

I replied your email mate. now only I saw your post here, If transfer papers are carrying previous owners signature and undated,its an easy game. Just ring my RMV contact. Good luck mate!

MINIACE

Thanks a lot bro! I'll keep you posted on what's happening...

[Sylvi]

Hi again Sylvi,

I had no idea about the levy and late transfer charge. Thanks for sharing that as well.

I sure hope I wont have to go through a situation where the previous owner's family is not in agreement of selling the vehicle. I don't think they'll mind because this is a very old car and we've been having it for a pretty long time now. But still... I sure don't want my car to end up like that VW or the Railton.

One thing I found out yesterday from my dad was that the transfer papers, although not dated, are signed by the previous owner! That makes things a lot easier I guess.

'Davy'

Miniace had given you a contact at RMV, he will do the needful to your matter, do not worry it is undated papers as for your post. only to put the date and submit to the relevant authority who gives the order by the contact person.

Sylvi Wijesinghe.

[miniace]

'Davy'

Miniace had given you a contact at RMV, he will do the needful to your matter,

Sylvi Wijesinghe.

Wow..are you sure??? This is amazing ..!

MINIACE

[Davy]

Hi Guys,

Thanks for all your advice, help and support with regards to this problem. I will attend to this as soon as possible and will definitely get back to you guys with the status.

Thanks again!

Davy

[lakshank]

Hi Mini,

Need a similar favour. Emailed you.

thanks

lakshan

[miniace]

Hi Mini,

Need a similar favour. Emailed you.

thanks

lakshan

Done!

MINIACE

[Davy]

Hi Guys,

So happy to let you know that this went through!!! :-) You guys were right, the system was not smart enough to figure out that the previous owner is deceased! This was such a headache off my head. Luckily the transfer papers were signed before the previous owner's death.

Thanks for the help and advice guys!

Davy