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RC Transfer and Hypothecation When You Finance a Used Car

Written by KhatuLoans Editorial Team · Edited by Hemant Kumar, Founder and Editor · Updated · Information only, not a lender

When you finance a used car, the registration certificate (RC) is transferred to your name and the lender's charge is recorded on it. The seller files a notice of transfer (Form 29), you apply for the transfer (Form 30), the lender's hypothecation is entered (Form 34), and after you repay it is removed (Form 35). The Motor Vehicles Act sets deadlines, so file on time.

The forms in plain words

FormWhat it doesWho files it
Form 29Notice of transfer of ownershipThe seller
Form 30Application to register the transfer in the buyer's nameThe buyer
Form 28No objection certificate, needed when the car moves to another stateThe seller, from the original registering office
Form 34Records the lender's hypothecation on the RCBuyer and lender
Form 35Terminates the hypothecation after the loan is repaidLender and owner

Forms and processes are set under the Central Motor Vehicles Rules and applied by each state's transport office. Many steps can be done online on the Parivahan portal. Check your state's current process.

Deadlines

Section 50 of the Motor Vehicles Act makes both sides act. The seller must report the transfer to the registering authority within fourteen days, and the buyer must apply for the change within thirty days. When the car was registered in a different state, longer windows apply to the seller. Missing a deadline can bring penalties and leave the car legally in the seller's name, which also causes insurance and challan problems for you.

If the seller has a loan

If the car is hypothecated to the seller's lender, the seller has to close that loan first. The lender then issues an NOC and files Form 35 so the entry is removed from the RC. Insist on seeing this before you pay in full. A transfer cannot complete cleanly while the old lender's charge is on the RC.

After you repay your own loan

When you pay the last EMI, ask the lender for the NOC and the Form 35 papers, and take them to the transport office to remove the hypothecation from the RC. Do it promptly. People who skip it find years later that they cannot sell or transfer the car without chasing a lender that may have merged or closed that branch. See closing a loan early if you plan to close before the tenure ends.

Insurance and challans

Have the insurance policy transferred to your name after the RC transfer. Check for pending traffic challans before the transfer, since they stay with the vehicle record. Ask the seller to clear them or reduce the price.

Frequently asked questions

Who has to file Form 29 and Form 30?

The seller files Form 29, the notice of transfer, and the buyer files Form 30, the application to register the transfer in their name.

What is the deadline for RC transfer?

Under Section 50 of the Motor Vehicles Act the seller reports within 14 days and the buyer applies within 30 days, with longer windows in some inter-state cases. Check your state's rules.

What is Form 35?

It is the form that terminates the lender's hypothecation on the RC after the loan is repaid, so the entry can be removed.

Can I transfer an RC if the seller has a loan?

Not cleanly. The seller's loan must be closed and the hypothecation removed first, with the lender's NOC.

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