• Who will the mother deed be with?

A was holding a property which was sold to B. B sold it to C. C sold part of the land to D and D constructed a house and I bought from D. C sold remaining part of the land to E after few years.
When I bought the land and house from D he gave me the registration original documents executed between A--> B and B --> C and C-->D. Now E wants me to handover the original documents executed between A-->B and B-->C to him since he is going for a bank loan. I have signed a stamp paper with E that I will hand over the documents once my bank loan is over. What complications will I have if I need to sell my property without these documents? Will certified documents of the originals be used for selling? Kindly help.
Asked 6 years ago in Property Law
Religion: Hindu

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15 Answers

1) there must be clause in your sale deed that E will offer inspection of original chain of title documents as and when required

2) you can rely upon certified copies of documents for sale of property

Ajay Sethi
Advocate, Mumbai
94720 Answers
7532 Consultations

5.0 on 5.0

1.Ask E to apply for certified copy if the original deeds lying with you.

2.if he wants he cna get photocopy fromyou as well.

3.in any event you are not legally bound to hand over the same to E in any circumstances.

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

1. For selling a propertiy, original mother deed is verified for ensuring that the said mother deed has not be deposited with anyuy bank for taking loan and in such case the property stands mortgaged.

2. When you already have those original link deeds you can deposit the same with your lending bank and take a letter from the bank acknowlkedging the receipt of those original link deeds.

3. The lending bank of E shall be satisfied with the said acknowledgement of receipt of original mother deeds issued by your lending bank since it will establish that those original mother deeds exist and have not been deposited with any bank for mortgaging the entire prooerty i.e. also the property of E.

4. ASlternatively, E can also collect those link deeds in original from you and get you the acknowledgement receipt of the same from his lending bank whgich you can produce before your lending bank.

5. Certified copies of mother deeds are requiredc for selling your property. Only your title deed is requieed to be handed over to the buyer. You can of course handover certified copies of all the link deeds to your buyer along with the receipt of the bank stating that they are holding thew original link deeds.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

Hello,

Yes certified copy of the documents can be relied upon, and you are in any case not legally bound to give the certified copies to E.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

You will not face any complication. Yes the certified copies will be perfectly valid for the purpose.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

Under the present circumstances I find no reason why you should be bound to handover the original document toE. If that is so then your subsequent worries does not arise.

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

These documents in any case don't have any value in the eyes of law if they aren't duly registered and stamped. You need not necessarily have the complete chain deed to sell your property. What is important to have your own document of title, i.e., your deed with D. Certified copies are more than sufficient.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

you are not bound to handover the possession of the documents.

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

You must insist that. Would offer inspection of original documents as and when called for

If there is no such clause E may not hand over originals when you need to sell the property

Ajay Sethi
Advocate, Mumbai
94720 Answers
7532 Consultations

5.0 on 5.0

1. You are not duty bound or obliged to hand him over the said link deeds since you also have right on the samke and you have collected the same from your Vendor and not from him.

2. You shall face no legal complication if you do not hand him over the said original link deeds since those were given to you by the Vendor.

3. The said Agreement has no consequence since the same is one sided.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

Please read the mother deeds and scrutinize that is it written to handed over the Original mother deed of A to B and also B to C and C to D. If so you should not give the Originals to E. If the recitals are shown that the originals is handed over to you then it is necessary for selling of your property .Certified copies are enough for getting a loan, if the bank insist to show the originals then go to bank and show the originals and get it back from bank.

Ajay N S
Advocate, Ernakulam
4073 Answers
111 Consultations

5.0 on 5.0

Hi, Don't give original documents to him, if you provide the original documents then you are in trouble. if you have sign the stamp papers then it will not be in use.

2. Unnecessarily, your property is hypothicated and you are in trouble.

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
335 Consultations

4.5 on 5.0

1. You bought the constructed house from D who had constructed it on a part of land which he had purchased from C. Now C has sold remaining part to E who is demanding the original documents from you.

2. You are under no legal obligation to give anything to E. Rather, do not part with the documents as they prove your chain of title. Tell E to go and obtain the certified copies. Do not offer him the same for inspection.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Actually if a buyer purchases a part of the property then he cannot get the original documents, the vendor will retain the original documents and share only copies to the buyer.

The same will be endorsed in the registered sale deed document.

However since you have been already handed over with the original documents you need not give them to new buyer, let him obtain certified copy.

Let him approach his vendor for that

T Kalaiselvan
Advocate, Vellore
84921 Answers
2195 Consultations

5.0 on 5.0

You may face problem if there is a mention in your sale deed that the original documents were handed over to you.

You can discuss with a local lawyer and proceed with the matter as per his suggestions.

T Kalaiselvan
Advocate, Vellore
84921 Answers
2195 Consultations

5.0 on 5.0

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