1) has owner applied for and obtained certified copy of sale deed from sub regsitrar office ?

2) if so you can purchase the flat

3) the problem is banks are reluctant to give loans if original documents are lost notwithstanding that FIR has been filed of loss of original documents

- Ask him to pull out the certified copy of the original title docs on the basis of this FIR and public notice in the newspaper.

-Absolutely safe to go ahead with the deal.

A certified copy of the title can be obtained for your concern .. Once you register the property in your name, get it mutation done in the revenue office .. You can also obtain the details now from the revenue " Patwari " or "municipal " office to know about the present ownership of the property

it is possible that seller may have original documents and have sold the property to another person also

1. It is of course a risky proposition to buy a landed property without collecting the original mother deed.

2. You can collect the certified copy to learn about the schedule of the property and also about the ownership details but the owner might deposit the original title deed with some Bank creating security interest on it while taking loan from the said bank which you shall not be able to make out.

3. In the above event, if the loan taken by the owner is not repaid by him, the bank will initiate SARFAESI proceeding against him and take possession of the mortgaged property in question for selling it to recover the outstanding lying in the name of the borrower. and in that case, your title deed will be void at law since mortgaged properties can not be sold legally.

1. If he sells the property then you shall be able to detect it by conducting registry search i.e. such sale deed will be registered in the records of the registrar.

2. You won't be able to find out if he has mortgaged the said property by depositing the original title deed of the property while taking loan from the lending bank and fails to repay the same.

1. An indemnity clause should be included in the sale deed he would execute in your favouR. Since he has lost the original documents you should proceed very carefully, get a flawless sale deed drafted by your lawyer so that your rights are protected.

2. Conduct a title search in the office of sub-registrar to ensure that title of the property is free and marketable.

1. Since the owner has taken action like doing an FIR and publishing the same in local newspapers, there should not be any problem for buying the property.

2. You can obtain certified copy of the lost sale deed and the certified copy is as good as the original one.

3. The possibility of the owner having the original documents and sell the same flat to some other person is very remote and this loss of original sale deed and the follow up action has to be in the narration in the registered sale deed through which you are buying the property.

The FIR and the advertisement in the newspaper alone is not enough.

You may have to make a title search for tracing the title through your advocate from the registrar's office for a minimum period of 15 years and also get an encumbrance certificate.

After this get a legal opinion from a local lawyer before proceeding for purchasing the property.

Is it possible that he might have the original documents and sell that same flat to some other person including me?

Or what are the other possibilities ?

There are possibilities for a fraud to take place.

You will not come to know if the owner had already sold or mortgaged the property on the basis of the original documents to another party earlier to you.

You can arrange for tracing the title through registrar's office through an advocate.

You please visit the registrar office and get the chain of sale deed verified, that will be the best approach for you to decided that you want to purchase the property or not.

Regards