How to Buy or Finance a Pre-Owned Car from a Deceased Owner (Form 31 Legal Process)

Submit Form 31 within three months of the registered owner's death. If you apply after this period, you may have to pay the applicable late fee for the ownership transfer.

Where to Download RTO Form 31 for Ownership Transfer After Death?

You can download Form 31 from the Parivahan Sewa portal. Some state transport departments may also publish Form 31 in a regional language. For the latest version of the form, it is best to download it from an official government website.

Steps to Download RTO Form 31

1. Go to the Parivahan Sewa portal
2. Open Informational Services
3. Select Downloadable Forms
4. Find Form 31 — Application for Transfer of Ownership in the Name of the Person Nominated/Succeeding to the Possession of Vehicle.
5. Open the form and download or print it

You can also search for terms such as "RTO Form 31 download", "RTO Form 31 PDF", or "RTO Form 31 [respective state name]" to find the relevant form. Check that the website is an official government or state transport website before downloading it.

How to Fill RTO Form 31 for Vehicle Transfer After Death?

RTO Form 31 has three sections. The person who will take possession of the vehicle after the death of the registered owner needs to fill in the relevant details in the form.

Details to be filled by the person taking possession of the vehicle

1. Enter the name of the RTO where the vehicle was registered
2. Enter the vehicle details. These include:
   • Vehicle registration number
   • Make and model
   • Chassis number
   • Engine number
   • Motor number in the case of a battery-operated vehicle
   • Type of vehicle
3. Enter the name of the deceased owner
4. Enter your name and age. If you are filling the form on someone else's behalf, provide the details of the person to whom the vehicle will be transferred
5. Mention your relationship with the deceased person and provide the required proof of the relationship or nomination details
6. Enter your mobile number

By signing the form, you request the RTO to transfer the vehicle into your name. You also confirm that you have attached the required documents, including the RC of the deceased owner, with Form 31.

The Next Section is the Financier Section.

If the vehicle was purchased under a vehicle loan, such as a pre-owned car loan, and is still under a hire-purchase, lease or hypothecation arrangement, the financier needs to provide its consent to the transfer, as applicable.

The Last Section is Filled by the RTO.

RTO verifies all the details and documents submitted with the form. If the information is correct and the documents are in order, the RTO transfers ownership to your (successor/nominee) name.

Related Blogs on Vehicle Loans, RTO Forms and Vehicle Ownership Transfer

What Documents Are Required to Transfer Vehicle Ownership After Death?

Documents required along with Form 31 include the vehicle's registration documents, personal documents, proof of your relationship with the deceased owner, and NOCs, if applicable.

• Form 31
• Certificate of Registration (RC Book)
• Certificate of Insurance
• Death certificate of the registered owner
• Pollution Under Control (PUC) certificate
• PAN card of the successor or Form 60
• Chassis and engine pencil print
• Proof of date of birth of the successor
• Proof of address
• Signature identification of the seller
• Declaration by the applicant and all other legal heirs of the deceased
• Verification of vehicle on Form 20
• Passport-size photograph
• Proof of succession
• Financier's consent and NOC, if the vehicle is under an active loan

Note: Document requirements may vary by state and RTO. You may not need to submit all the documents listed above.

How to Submit RTO Form 31 Online?

If your state has enabled online ownership transfer for a deceased-owner case, you can start the transfer through the VAHAN 4.0 portal. You can either visit the VAHAN 4.0 portal directly or go through Parivahan Sewa → Online Services → Vehicle Related Services.

Steps to submit RTO Form 31 online include:

1. Enter the vehicle registration number
2. Select the state and RTO where the vehicle is registered
3. Enter the required chassis number details
4. Generate and enter the OTP sent to the registered mobile number
5. Select Transfer of Ownership
6. Enter the details of the person who will take ownership of the vehicle
7. Upload the required documents, including Form 31, death certificate and proof of succession, as applicable
8. Save or submit the application and pay the applicable fee online
9. Download the payment receipt and Form 31, where the portal provides the option
10. Complete any physical document or identity verification required by the RTO
11. The RTO verifies the application and documents before approving the ownership transfer

Note: The exact steps may vary by state and RTO. Some states may require you to visit the RTO for physical verification or submit original documents even after starting the application online. The online steps may also change with portal updates.

What Should You Know as a Buyer When Buying a Car from a Deceased Owner?

If you are buying a car from the legal heir or nominee of a deceased owner, check the ownership records before making the payment. The seller needs to show how they received the vehicle and whether the RTO has transferred ownership to their name.

Check the following before buying:

1. Current RC

Check whose name is listed as the registered owner.

2. Form 31 Status

Confirm whether the successor has completed Form 31.

3. Proof of Succession

Ask for documents that show how the seller became entitled to the vehicle.

4. Death Certificate

Check the death certificate of the original registered owner.

5. Legal Heir Details

If there are multiple legal heirs, check whether the seller has the required consent from all the heirs or documents to sell the vehicle.

6. Loan or Hypothecation

Check whether the vehicle has an active loan or hypothecation. If yes, the seller must clear the outstanding loan and get the hypothecation removed from the RC before proceeding with the transfer of the vehicle to your name. Ask for the financier's NOC and other required documents, where applicable.

7. Vehicle Records

Check the insurance, PUC, pending challans, tax dues and other registration details.

8. Vehicle Identification

Match the registration number, chassis number and engine number with the vehicle and RC.

Once you are satisfied with the documents and ownership history, you can proceed with the purchase and apply for the vehicle's ownership transfer to your name. If you plan to buy using a pre-owned car loan, check the bank's documents and vehicle eligibility requirements before finalising the deal.

Should You Buy a Car If the Successor Has Applied for RTO Form 31?

There can be a situation where the successor has submitted Form 31, but it's still under verification and the RTO hasn't transferred the vehicle to their name yet. Even if the successor has already applied for Form 31 and has an acknowledgment, the application could still be rejected or require further documents. Buying the car at this stage can leave you with additional ownership and transfer-related complications.

Financing the car can also become difficult. Banks need clear ownership and vehicle documents before approving a loan for a used car, as the vehicle serves as security for the loan. An unclear ownership record can make the bank less willing to finance the purchase.

For a smoother transaction, buy the vehicle only after the RTO has transferred ownership to the successor's or nominee's name. Check the updated RC and all relevant documents before making the payment.

Final Thoughts

Buying a car after the owner's death may involve one or more legal heirs, confusion between a nominee and an heir, or a situation where the seller owns only a share of the car rather than the entire vehicle. Take time to verify the ownership trail, consent from all relevant heirs, loan clearance, and the updated RC in the successor's name. Once these are clear, transferring the vehicle to your name can be much simpler. Otherwise, the purchase may come with delays, disputes or additional paperwork.

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