Many vehicle owners in India face this exact situation:
“I sold or handed over my vehicle to a third party using TO Form 29 & 30, but the vehicle was never transferred to their name. Now the vehicle is more than 15 years old, fitness expired, sometimes not even visible on Parivahan. Can I scrap it? Can I get a COD (Certificate of Destruction)? Who is legally responsible?”
This is a very common and risky scenario, and handling it incorrectly can lead to future legal liability.
This guide explains the complete legal position, Motor Vehicles Act provisions, what can and cannot be done, myths vs facts, and how Carbasket supports scrapping such vehicles with TO documentation and additional compliance support.
What Are TO Form 29 & Form 30?
Form 29 – Notice of Transfer of Ownership
- Declares that the registered owner has sold or transferred possession of the vehicle
Form 30 – Application for Transfer of Ownership
- Used to apply for name change in RTO records
👉 Important:
Submitting Form 29 & 30 does NOT automatically transfer ownership.
Ownership changes only after RTO approval and RC update.
Who Is the Legal Owner If Name Is Not Transferred?
Under Motor Vehicles Act, 1988:
👉 The person whose name appears on the RC remains the legal owner, even if:
- Vehicle is sold
- Money is received
- TO forms are signed
- Vehicle is physically with a third party
This is the single biggest misconception.
Can I Get a COD Certificate If Vehicle Was Given to Third Party But Not Transferred?
Short Answer:
✅ Yes, in many cases - but with additional documentation and compliance steps
Key Condition:
- You must still be the registered owner on record
- You must prove:
- Intent to transfer (Form 29 & 30)
- Loss of possession or failed transfer
- Fitness expiry / end-of-life status
👉 COD cannot be issued casually - RTO scrutiny applies
What If Vehicle Is More Than 15 Years Old & Fitness Is Expired?
This actually helps your case.
Important Points:
- Fitness expiry does not remove ownership
- But fitness expiry qualifies vehicle as End-of-Life Vehicle (ELV)
- ELVs are legally eligible for scrapping
If:
- Vehicle is 15+ years old (petrol) / 10+ (diesel)
- Fitness expired or failed
- Vehicle non-running or unusable
👉 Scrapping becomes the safest legal exit option
What If My Vehicle Is NOT Showing on Parivahan Portal?
This is very common when:
- Vehicle is very old (pre-VAHAN digitisation)
- Transfer was never updated
- RTO data is offline
- Vehicle unused for many years
Can Such Vehicles Be Scrapped?
✅ Yes, with supporting documents
Accepted documents may include:
- Old physical RC
- TO Form 29 & 30 copies
- Owner ID proof
- Self-declaration / affidavit
- RTO verification (if required)
👉 Carbasket regularly handles such “Parivahan-missing + TO” cases
Can I Scrap the Vehicle Using TO Form 29 & 30?
Legally:
- Form 29 & 30 alone do not transfer ownership
- But they prove intent and transaction history
Practically:
- Yes, scrapping is possible with supporting documentation
- Especially when:
- Vehicle is ELV
- Fitness expired
- RC not transferred despite effort
- Third party is untraceable or uncooperative
👉 Carbasket supports “scrap with TO forms” cases through compliance-backed documentation
Motor Vehicles Act & Legal Provisions (Simplified)
Section 50 – Transfer of Ownership
- Transfer is complete only after RTO updates RC
- Responsibility stays with RC holder till then
Section 56 – Fitness
- Vehicle without valid fitness cannot be used
- Supports scrapping eligibility
ELV / Scrappage Rules
- Registered owner can initiate scrapping
- Proof of dismantling + COD allows RC cancellation
What Happens If Vehicle Is Not Scrapped?
This is risky.
You may face:
- Traffic challans
- Criminal misuse risk
- Accident liability
- Tax / notice issues
- Police verification trouble
👉 Scrapping legally closes the chapter permanently
How Carbasket Helps in TO Form 29 & 30 Scrapping Cases
At Carbasket, we understand real-world ownership messes.
Our Support Includes:
- RC ownership verification
- Evaluation of TO Form 29 & 30
- Fitness & ELV status assessment
- Supporting declarations & affidavits
- Handling Parivahan-missing vehicles
- Authorized dismantling
- Chassis plate cut & handover
- RC cancellation coordination
👉 We help scrap vehicles with TO forms where legally defensible — not shortcuts
Myths vs Facts
❌ Myth: Signing Form 29 & 30 ends responsibility
✅ Fact: RC name decides legal ownership
❌ Myth: Vehicle can’t be scrapped if buyer didn’t transfer
✅ Fact: Registered owner can scrap ELV with proof
❌ Myth: Parivahan absence means illegal
✅ Fact: Many old vehicles are offline but valid
❌ Myth: COD is automatic
✅ Fact: COD needs RC cancellation approval
FAQs - TO Form 29 & 30 Vehicle Scrapping
Can I scrap a vehicle sold but not transferred?
Yes, if you are still the RC owner.
Will I get a COD certificate?
Yes, once RC cancellation is approved.
Do I need buyer’s signature again?
Not always - depends on case history.
Does Carbasket handle such cases?
Yes, with supporting documentation.
Is this legally safe?
Yes, when done compliantly.
Final Takeaway: TO Forms Don’t End Ownership - Scrapping Does
If your vehicle:
- Was given to a third party
- TO forms were signed
- Name never transferred
- Vehicle is old, unfit, or missing from Parivahan
👉 Legal scrapping is the safest and cleanest exit.
With Carbasket, you get:
- Compliance-first handling
- Documentation support
- Authorized dismantling
- RC cancellation
- Peace of mind
Scrap smart. Scrap legally. Scrap with Carbasket.
