Since seller has original conveyance deed you can purchase the property
If original allotment , possession letter has been lost ask him to lodge FIR about loss of originals and issue public notice about loss of original documents
I am in negotiations to buy a freehold standalone house in delhi. However seller has original conveyance deed and only copies of DDA allotment, possession and structure stability certificate. He does not have original allotment, possession or completion certificate. Is it safe in transacting and what can I do to reduce the risk? Also will the property have lower resale value?
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Since seller has original conveyance deed you can purchase the property
If original allotment , possession letter has been lost ask him to lodge FIR about loss of originals and issue public notice about loss of original documents
Is there any impact on resale or market value?
A buyer should exercise utmost caution while buying property in India. Buying a flat that is under construction is often very risky. On the other hand, it sometimes offers price benefit. Buying a flat that has already been constructed is sometimes considered much safer. This is big question arising at the time buying a resale flat .The documents were genuine, hence no fraudulent deals. So ask the seller to provide all original documents for perusal. Things you should check before buying a resale flat.
List of documents required
1. Sale deed (Present Title deed) in name of present seller.
2. Encumbrance Certificate from date of purchase till date
3. Latest tax receipt and electricity bill & receipt for the said flat
4. NOC from the society for sale of the flat and Share certificates issued by the society if any.
5. Mother Deed’ or parent document
6. Agreement of sale & construction executed by developer in favour of seller(Ask to produce original agreement with builder)
7. Khata certificate & extract from BBMP
8. Sanctioned building plan
9. Possession/occupancy certificate from builder
10. Joint development agreement, GPA, & Sharing/supplementary Agreement, between land owner and builder
11. Power of attorney/s if any
Original sale deed will help you ascertain whether the flat in an apartment complex which you are buying, is on land belonging to the society/ builder/development authority in which the property is located. Confirm whether the land is in the name of the seller and that the full right to sell the land lies with only him and no other person. It is better to get the original deed examined by experts. Along with the title deed, the buyer can also demand to see the previous deeds of the land available with the seller.
From your query it is known that you original sale deed is available .So it is not risky to buy the property.All other documents, we can apply for duplicate copies for other documents
In my opinion it will not be advisable to invest in the immovable property whose original title documents or any other relevant documents are missing and only photo copies produced in lieu.
Did you enquire the reasons for not possessing the original documents or what are the whereabouts of the originals?
There are possibilities to sell the same property to a third person on the basis of original documents along with the certified copy of the conveyance deed.
Even indemnity bond to indemnify against the losses would not be acceptable and it will stretch the litigation too long where you may finally have to surrender and suffer heavy loss of money, time and energy.
Consult a local lawyer and then proceed as per the advice received on all such further issues after scrutinising all the relevant papers in your possession.
Is there any impact on resale or market value?
Your purchase itself is under cloud, then where is the question of re-sale?
However please be aware that this will impact the resale at a later date.