1.In general circumstances while a person buys a property he is entitled to all the back deeds in relation thereto.

2.in this case the deed you made with the developer is not an outright sale and you still retain title over it by way of getting 3 flats to be built therein.

3. In that event the developer cannot insist you to handover all the past deeds.

4.moreover since there is a case going on in court you have every reason to refuse the demand of the developer.

5. If you refuse to handover him the past deeds the developer does not have much legal recourses.

For applying of loan you title deed is not required .. Bank can grant loan on the bases of transfer deed that you did in the favour of promoter..

1) once you have executed gift deed to promoter he would be absolute owner of the property

2)promoter needs original chain of title documents to apply for loan

3)you can keep certified copy of the original documents

1. In then instant case both of you require the original link deeds. You need the same for submitting before the Court if asked by and he needs the same for submitting before the lender Bank.

2. You both can come to a compromise since he can submit the certified copies of the said link deeds to the bank which is sufficient for the bank to provide the loan ( at maximum the bank can ask you to show them the original before taking them back giving an undertaking that you shall submit the same if required by the bank and/or when your case will be over).

3. Alternatively, you can directly submit the said link deeds to his lending bank after taking an undertaking that the said link deeds will be produced by the bank before the Court as and when required by you.

4. If you have the evidence/proof that the said link deeds are with the bank, you can ask the Court to direct the bank to produce the same before the Court when required.

As per law it is the duty of the vendor to handover the entire title documents and other relevant documents to the buyer at the time of executing a registered sale deed in favor of the buyer.

The vendor cannot retain any document with him for any reason.

He can get a photocopy of all the documents, get it attested through a notary public or a gazetted officer which can be produced before court citing the said reasons.

In fact the documents become part of the property of buyer.

You cannot refuse the developer about this.

You can give him certified copy of deed

But if you have sold your property you have to give original documents of title

The link title documents may be necessary for applying for loan through bank for developing this project hence the builder may be insisting on it.

You may keep an attested copy with yo and handover the original with an acknowledgment from him for the receipt for the same.

1. No. It will be risky for you to handover then original link deeds to him when he has not yet completed construction of the flats which he has gifted to you since if he refuses to complete the same then you shall have no recourses against him as it is a gift deed only and not a sale deed for which you can not take him to court for not completing the flats already gifted to you by him. Moreover, gift deed is considered as invalid unless the donee has received and accepted the gift .

2. In the instant case, the gift deed already registered is invalid since you have not yet received and accepted the gift which is even not yet ready for taking possession by you.

3. The situation warrants you to be careful now and take possession of the gift at the earliest after it is ready and showing that you had taken possession of the same on the date when the said gift deed was registered.

there is no need for you to give the back deeds to the promoter.