Form 36

What is Form 36?

Form 36 is the application form for issuing a fresh registration certificate (RC) in the name of the financier. It is used by the financier when the vehicle owner is unable to pay the loan. It is submitted to the concerned RTO by the financier itself.

What Details are Included in Form 36?

Given below are the details included in RTO Form 36:

• Address of the Regional Transport Office (RTO) having jurisdiction over the vehicle.
• Select a reason for whether the original RC was surrendered, or the owner has refused to provide the RC, or if the owner is absconding.
• Name, signature/thumb impression, and mobile number.
• The amount of fees paid with Form 36.
• Motor vehicle and owner details, such as number, make, model, name, address, etc.

How to Download Form 36?

Check out the steps below to download Form 36 from Parivahan Sewa:

• Step 1: Navigate to the official Parivahan Sewa website.
• Step 2: Tap on the option given for 'Informational Services' on the navigation bar.
• Step 3: Select the option given for 'Downloadable Forms'.
• Step 4: Now, click on the link given for 'Form 36' to access and download it.

How to Fill Out Form 36?

The steps to fill out Form 36 are as follows:

• Step 1: Address Form 36 to the registering authority in your jurisdiction.
• Step 2: Enter details of the financier, motor vehicle, and registered owner, along with signatures in the given spaces.
• Step 3: Submit the form with the prescribed fees and supporting documents.
• Step 4: The registering authority will verify the details to further process the application.

Documents Required with Form 36

As per the Motor Vehicles Act, 1988, you need to submit the original RC of the motor vehicle (if surrendered by the registered owner) to the registering authority with an application in Form 36. However, the exact list of required documents may vary depending on the registering authority.

Importance of Form 36

Form 36 is important for the financier to protect their financial interests in the event of a hire-purchase/lease agreement default. Some of the important aspects of Form 36 are as follows:

• Transfer of Title: With the help of this form, the financier is able to transfer the vehicle ownership from the defaulting borrower to himself.
• Right to Resale: Without a fresh RC in their name, financiers cannot sell the repossessed vehicle to any third party to pay off the remaining loan amount.
• Protection from Liability: Once the financier gets the fresh RC, they gain official authority and become legally responsible for the vehicle.
• Obtaining Missing Documents: The financier can obtain a fresh RC and other vehicle documents if the defaulting borrower does not return the original ones.

Common Reasons for Form 36 Rejection

The RTO may reject the Form 36 application due to the following reasons:

• Lack of Evidence of Default: If the financier fails to provide sufficient proof that the borrower defaulted on the loan agreement or that proper legal notice was served.
• Incomplete Possession Proof: If there is no clear documentation showing the vehicle was legally taken into possession following the terms of the hire-purchase or lease agreement.
• Notice Discrepancies: Failure to provide proof of mandatory notice to the registered owner regarding the financier's intent to apply for a fresh RC.
• Existing Legal Stay: If there is a pending legal dispute or court stay on the ownership transfer.