e-StampNotary
The forms first, the affidavit second
A transfer of a motor vehicle runs on the prescribed forms. The seller gives notice of transfer in Form 29; the buyer reports the transfer in Form 30; where the vehicle is going to another State, a no-objection certificate in Form 28 is taken from the registering authority first. An affidavit is not one of those forms and it does not replace any of them. It is the document you add when something in the file needs explaining on oath.
The situations that genuinely need an affidavit
- Delay in reporting. The vehicle changed hands months or years ago and the transfer was never recorded. The parties depose to the actual date of sale, the consideration and the handing over of possession.
- Name or address mismatch. The name on the registration certificate differs from the name on Aadhaar or PAN - initials expanded, surname spelt differently, an old address on the RC.
- Seller not traceable. The buyer bought from an intermediate holder and cannot obtain a signed Form 29 from the person shown on the record. The affidavit sets out the chain of possession and what efforts were made.
- Lost paperwork. The sale letter, insurance or the original RC has been lost; the affidavit records the loss and undertakes to surrender the document if found.
- Death of the registered owner. The vehicle is being transferred to a legal heir, and the heirship position has to be stated. That usually needs a legal heir affidavit and the consent of the other heirs.
- Financed vehicles. Where the vehicle was under hypothecation, the financier's no-objection and the prescribed hypothecation-cancellation paperwork must be in the file. An affidavit does not stand in for the financier's release.
What the notarial act does here
Under section 8(1)(e) of the Notaries Act, 1952 the notary administers your oath and takes the affidavit; under section 8(2) it is a notarial act only when it carries the notary's signature and official seal. That seal is proof that you swore the statement in person. It is not the RTO's acceptance of the facts, and it is emphatically not a transfer of title.
Selling a vehicle on a signed Form 29 and a notarised affidavit and then forgetting it is how sellers end up receiving challans, insurance notices and, in bad cases, police enquiries for a vehicle they parted with years ago. Follow the transfer through to the point where the record shows the buyer's name, and keep the acknowledgement.
How the file usually goes in
Practice varies between registering authorities, so treat this as the shape of the thing rather than a checklist. The buyer's application goes in with Form 29 and Form 30 signed by both sides, the original registration certificate, valid insurance, the pollution certificate, proof of address and identity for the buyer, the tax position for the vehicle, and - for an inter-State move - the Form 28 no-objection. Where the file has a gap, the affidavit explains the gap. Where a third party has to consent, a separate no-objection affidavit is drawn.
What gets these rejected
- A single wrong character in the engine or chassis number. This is the most common defect we see. Copy both from the registration certificate itself, not from a bill or an insurance policy.
- Registration number written in an inconsistent format across the affidavit and the forms.
- The affidavit reciting a sale date that contradicts the date on the sale letter or the insurance transfer.
- Deponent named as "owner" when the record shows a financier's hypothecation that was never cancelled.
- Only the buyer deposing where the authority wanted a joint or a matching pair of affidavits from both sides.
- Name mismatch left unexplained, when a short one and same person affidavit would have closed it.
Stamp duty as currently prescribed under the Gujarat Stamp Act, 1958 - we confirm the current figure at the counter. Taking the affidavit on oath is capped at ₹35 under Rule 10(1) of the Notaries Rules, 1956, with a receipt and an entry in the register in Form XV.
An honest caution
If the person shown on the record is untraceable and you are the second or third buyer, an affidavit alone may not carry the file. Some authorities will ask for more, and in a genuinely broken chain the answer can be a formal application with supporting evidence rather than another sworn page. Bring the papers you have and we will tell you whether an affidavit closes the gap or only papers it over.
What to bring
- Original registration certificate of the vehicle, and a photocopy
- Aadhaar and PAN of the buyer and, where available, of the seller
- Signed Form 29 and Form 30 if already filled, and Form 28 for an inter-State transfer
- Sale letter or delivery receipt, and the current insurance policy
- Financier's no-objection and hypothecation-cancellation papers, if the vehicle was financed
- Death certificate and heirship papers, if the registered owner has died