• Sale Deed Issue

Dear All,

I need some urgent advice.

12 years back my parents sold 20X30 (half) part of their property originally measuring 40X30.
In this process, as they were not so legally aware they ended up handing over the Originals of 30X40 Sale Deed which my parents had entered while buying the land to the buyer of 20X30 piece of land.
This buyer (actually a developer) constructed a house on that piece of 20X30 and sold it to another person & another person ended up selling to the current owner of this 20X30 piece of land & building
Today when we are applying for a loan(loan against property), we realized this when the bank asked for the original Sale Deed documents of the 30X40 piece of land as security. So, we approach the current owner of this 20X30 piece to handover Originals Sale Deed of the 30X40 piece as without this we would not be in a position to avail loan. Sadly, the current owner is unwilling to give us the document although it belongs to us.
Please advice what legal option do we have left in our hand, or is it possible to avail a loan against property on certified copy of original document if obtained from registrar.

Thank you for all your help...

Safwan
Do I approach police? will they help us?
Asked 7 years ago in Property Law
Religion: Muslim

2 answers received in 30 minutes.

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5 Answers

Since original document have been handed over to the buyer you can avail the certified copy of same sale deed from concerned sub registrar and can produce before the bank. You have submit an affidavit to the bank stating said fact of original handed over to said buyer and that is the reason you are unable to produce the original. The bank will consider certified copy of any document in the absence of original. Generally in case of lost or misplace of any original a complaint to concerned police will be required and in turn the police will issue FIR, but, in your case the original was handed over to prospective purchaser by your parents as such you can't compliant about the same.

Lakshmi Kanth
Advocate, Hyderabad
446 Answers
15 Consultations

4.7 on 5.0

1) issue legal notice to current owner to handover original documents of title of 30 x40 land

2) if he fails to do so file suit and seek orders to direct current owner to handover original documents

3) you can also file police complaint and seek return of your original documents

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1) issue legal notice and take legal proceedings as advised earlier

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

So, we approach the current owner of this 20X30 piece to handover Originals Sale Deed of the 30X40 piece as without this we would not be in a position to avail loan. Sadly, the current owner is unwilling to give us the document although it belongs to us.

Please advice what legal option do we have left in our hand, or is it possible to avail a loan against property on certified copy of original document if obtained from registrar.

You can issue a legal notice to the buyer demanding the return of the original title document of the undivided and to have a photo copy of the same since only half the property was sold to him.

If he refuses to return then you may issue a police complaint and based on the acknowledgment by the police, you may apply for certified registration copy of the same through the registrar, obtain the same and apply for bank loan on that basis.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

I happen to discuss with our "neighbor" to handover the document and if he still doesn't agree, I mentioned that there would be no go except to take the legal route. But, I guess people with influence have little to fear about The Law. He quiet confidently said: "he doesn't care". Is there any help at all? My parents feel so sad & helpless. Any advice & help is appreciated.

You should not adopt the oral method of threatening him with legal actions etc.

You can always initiate legal action for retrieving the document or just ignore it and obtain the certified copy and solve the purpose.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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