Team AckoJun 10, 2021
Whether you are buying a new or used car, you have a few different methods of paying for it. You can either pay off the full value of the vehicle right away or you can avail a bank loan. Since the bank is contributing in paying a part of the value of the vehicle, the car is collateral for the bank. In other words, the car becomes surety or guarantee until the full loan amount is paid off. Hence, until the loan is paid off in full, the car’s ownership remains with the bank. When you pledge the car to obtain a loan, the practice is called ‘Hypothecation’. But, how does the car insurance work when the title of the vehicle is still with the bank until the loan is paid in full? Read on to learn about hypothecation in car insurance.
When you buy a car through a bank loan, the vehicle is registered at the local Regional Transport Office (RTO) in your name. Also, the Registration Certificate (RC) will bear your name despite being financed by the bank. However, the RTO will note the hypothecation of your car in the RC stating the car is in favour of the respective bank. Just like this process, the hypothecation in car insurance will be in favour of the respective bank that you have availed the loan from. The ownership of the car will remain with the bank until the total amount is paid off. The insurance company will make note of the loan on the insurance policy document until the time you have full ownership of the car.
Whether you are buying a new or a second-hand car on a bank loan, the insurance company will include the information in the policy document that the vehicle is hypothecated. Even while renewing the policy with a different insurance company, you will be asked if the vehicle is under a loan or if it has been purchased without a loan. Insurance companies also ask the RC of the vehicle before insuring, which provides details of the hypothecation.
If you want to purchase the car through a bank loan, the RTO will include the information of hypothecation in the RC. While registering the vehicle, which is hypothecated through a bank, below are the set of documents that need to be submitted:
Original Registration Certificate.
Form 34, which acts as the application for hypothecation.
Valid car insurance.
Address proof of the car owner.
Pollution Under Control Certificate (PUCC).
Receipt of the fee paid for the endorsement of hypothecation by the RTO.
Attested copy of the car owner’s PAN card.
You can remove hypothecation from your car title once you have paid the bank loan in full. This is an administrative process which involves the bank and the respective RTO. Once you obtain the NOC from the bank, you can call or write to your insurance company attaching the NOC to cancel/delete it on your car insurance policy.
Without removing the hypothecation, you cannot sell or transfer the ownership of the vehicle. If your car is hypothecated and you are not sure what comes next, then this guide will help you understand the process of removing or cancelling it:
Also, read: NOC for Car
The hypothecation on your car can be removed only upon the repayment of the car loan. To start the process of removal from RC, you need to repay the loan completely. The bank’s records should reflect that there is no balance against the loan that you have availed. Repayment can be at the end of the loan tenure or you may pre-close the loan. Once the process of payment is completed, the bank or the lender will issue a No Objection Certificate (NOC) stating that you have paid the dues in full to the bank.
Upon the repayment of the vehicle loan, the bank will issue the below documents to remove the hypothecation from your car. These are the documents required for cancellation:
No Objection Certificate: The NOC will confirm the conclusion of the hypothecation agreement between the bank and the loan account holder. This document is the primary document required by the RTO to cancel the note on the RC.
Form 35: The form acts as an application to the RTO for the cancellation of the hypothecation. This Form also confirms the closure of the loan between you and the bank.
Valid Insurance Policy: You need to submit a valid car insurance policy to complete the process of termination of hypothecation on your car.
Pollution Under Control Certificate (PUCC): The RTO also requires the PUC certificate to cancel or remove the hypothecation on your vehicle.
Also, read: Certificate of Insurance in Motor Vehicles Act
Upon receiving the above mentioned documents from the lender or the bank, you need to visit the respective RTO to submit the documents to cancel the hypothecation. Once you have submitted all the required documents, pay the prescribed RTO fees and the officer will initiate the procedure of removal.
You need to pay the RTO fee for cancellation of the hypothecation on your vehicle. The fees vary between states in the country. You need to visit the respective RTO or the transport department’s web portal to know the prescribed fee for the respective state. Once you pay the fee and submit the required documents, the RTO will cancel it.
The cancellation procedure differs between states and you need to check the respective RTO to understand how you can check the status of hypothecation termination. However, for most states where you can avail services through the Parivahan web portal, a national transport service portal, you can visit the page where you can check the status of your application. Click here to visit the page.
While terminating the hypothecation on your car, the RTO will issue a new RC. You can apply for a Smart Card RC by paying the prescribed fees. The RTO will issue the new RC Smart Card within the stipulated time frame. Ensure you get the revised or updated RC to make sure the title of the car is in your name and not hypothecated to the lender or the bank.
Also, read: How to Get Car Insurance for Women/Female Drivers?
Yes, it is important to terminate or remove hypothecation of a car if the loan has been paid in full to the lender. Once you have paid off the loan amount, ensure you procure the NOC from the bank stating that there is a nil balance or no balance of your loan. However, the NOC is not the end of the procedure. You need to get it terminated with the respective RTO. Submit the required documents to the RTO and the transport department will remove it and transfer the full title to the car owner. This ensures you are the complete owner of the car.
Below are some of the common queries about hypothecation of a car:
How to check if the hypothecation of a vehicle is still active?
You can check through the Parivahan web portal, a central database of vehicles launched by the Transport Department. You can learn more about here how to check owner details.
Can I buy a used car which is still hypothecated to a lender or a bank?
To transfer the ownership of the vehicle, which is hypothecated, a NOC has to be obtained from the bank or lender, which states that the loan is paid in full. It is advisable to buy a used vehicle which is not financed.
What if I do not remove the hypothecation on my car?
In case of an accident or total loss to your car, the insurance claim will be paid to the owner of the vehicle. In case the car is still hypothecated, the claim will be in favour of the bank or the lender.
Is there an option to cancel or remove hypothecation online?
You have to visit the respective RTO to get the hypothecation terminated; however, some states allow you to initiate the process by applying for the cancellation through the Parivahan web portal. After applying online, you need to visit the RTO to complete the procedure to cancel.
What are the ways I can check if the car is still hypothecated to a bank or a lender?
You can verify the details on the RC of the car. It will be clearly mentioned that the vehicle is hypothecated. You can also visit the Parivahan web portal to check if the vehicle is under finance.
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