Builder maintain copy of regd sale deed in their records for all flats sold by them
Apply for and obtain copy from builder office
Also cooperative housing society maintains a record
Approach secretary of your society in this regard
Can't find the sale deed at the SRO's office
Hi All! My granddad bought a spare flat for my mum and me as a gift between [deleted]. I would like to sell that flat but my family seems to have lost the sale deed when we moved into our new house 12 years back. We are unable to find the sale deed even in the registrar's office under my granddad or my mom's name. I am very concerned as to what should be my next step. My mum doesn't remember what year her dad gifted her the apartment nor where it was registered. She just knows it was in Nagpur city. If at all the registry took place then it happened some time between 1988 to 1994 and as per my family member was registered in society n mseb n corporation property tax, except the city survey on my dad's name. Now can we register in city survey without earlier sale deed Could you please advice how could I about sourcing/registering a legal proof for the flat and selling it. Thank you.
Asked 8 years ago in Property Law
Religion: Hindu
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6 Answers
1. if record is not available and property is in your possession then you can file a declaratory suit before the civil court for declaration of your title.
2. make registrar a party, he shall come before the court and admit that document has lost then court issue a public notice. if no objection is received within 30 days from the publication of notice then court shall declare your title.
3. thereafter you can sell your property.
The person who sold us the flat is dead and his son is a scoundrel, won't agree to do so. Incase the registry was never done, this could become a very harrowing and expensive affair ( if at all someone agrees to do a registry and i don't even know what the process should be) . also someone told me there could be income tax issues, i don't understand why, though.
Asked 8 years ago
If registry is not done you don't have clear and marketable title to property
In such a case deed of confirmation would be required from the seller legal heirs
You can enclose un registered agreement
The ownership of the titleholder can be traced from the title deeds and revenue records.
Engage the services of an advocate.
After ascertaining the origin of the property, it should be followed up by methodical examination of events and further transaction, if any, in an uninterrupted and sequential manner, involving the previous owners and the present owner of the property. Here, the advocate has to very carefully look into all aspects from various legal angles as to how the property was transferred from the previous owners to the present owner. Such a transfer may be by possession, inheritance, settlement, will, sale, mortgage, release, gift etc., involving such intermediate parties. For supporting such a transaction, the advocate has to carefully examine the title deeds and other supporting documents like revenue documents and other records.
A search in the municipality or revenue records giving the door umber and the locality of the house property would help you to get the survey number, after which you can get an encumbrance certificate from the registrar's office.
You can find the title document number in the encumbrance records, thus you can apply for certified registration copies of the title documents from the registrar's office, and solve the issue.
Incase the registry was never done, this could become a very harrowing and expensive affair ( if at all someone agrees to do a registry and i don't even know what the process should be) . also someone told me there could be income tax issues, i don't understand why, though.
What about the other relevant records for the house property to be in your possession all these years?
Do you have any other records in your name, say for example, house tax receipt or water tax receipt or electricity consumption records/bill etc.
If you can locate the unregistered sale agreement or sale deed also, then you can file a declaratory suit to declare your title operating the law of adverse possession on the basis of yor proof for possession and enjoyment of the property for more than 12 years.
Discuss the matter with a local advocate too for his further advise and steps to be taken in this regard.
. In this scenario a comprehensive title search would have to be undertaken in the office of sub-registrar with the assistance of a lawyer to find out the required document. The search may span over a few weeks since the document is almost 30 years old.
