1. You can file writ petition in the high court against such report for for getting the certified copy of the deed.
2. You better avoid buying this property if such deed is not avilable.
Missing sale deed from Sub Registrar office
I am planning to buy a property. To verify the original documents shown to me, I went to sub-registrar office to get the certified copies. I filed a request at sub-registrar for certified copy of a sale deed registered in 1999 with all the required details. I got a written reply/certificate that though as per their record the sale deed was registered on the specified date and details, however the copy of the same in not traceable in their records. I met sub-registrar and ADM also, however the answers remains same " its not traceable". My questions: 1. How can they just say that documents is "not traceable"? What action should I take now? 2. What are the risks I carry by buying this property? And what are the safety mechanism, if any? Thansk for your help.
Asked 9 years ago in Property Law
11 answers received from multiple lawyers
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11 Answers
Hi, you have to lodge a complaint to higher authority i.e District Register regarding the not furnishing the copy of the sale deed by the Sub-Register along with reply given by the Sub-Register in writting.
2. It is better you can get the legal opinion of the advocate furnishing entire documents.
3. We can not blindly say that without going to the entire documents you can not purchase the property.
1) you have stated that you filed a request at sub-registrar for certified copy of a sale deed registered in 1999 with all the required details.you got a written reply/certificate that though as per their record the sale deed was registered on the specified date and details, however the copy of the same in not traceable in their records
2) the fact that sale deed has been registered is not in dispute
3) if however originals are available and it has been duly stamped and bears registration details you can go ahead and purchase the property
1. It is well known that documents in the office of sub-registrar lie in shambles and are often untraceable. On many occasions the search is carried out by the officials in a very casual manner, resultantly the document is not traced, and is reported as untraceable. So this should not come as a surprise to you. Against the reply received from the sub-registrar's office you can move the High Court to get the certified copy. When the HC wields its stick the babus get going.
2. The title of a property flows from the title deed. Now although the original has been shown to you, but it could not be corroborated through a certified copy. It is unsafe to purchase such a property.
A few follow up questions and facts: The Party is known to me and I have seen all the original documents and the Property was hypothecated with a State Bank. Also, I am seeing this flat from last 16 years with the same owner as this is in my neighbourhood. 1. Would obtaining an indemnity bond from seller to cover my risk would be advisable? What are other ways to cover risk, if any? 2. If you can elaborate more than the risk? I am trying to figure out what could go wrong in such circumstances and what wrong could they have done? Again, thanks all for your responses.
Asked 9 years ago
1) if original documents are with the flat owner property has not been mortgaged to the bank .
2) if it is a flat in cooperative society obtain NOC from society . if flat has been mortgaged society obviously wont issue NOC . society has to maintain a property regsiter wherein notings are made of flats which are mortgaged
3) whether SBI has issued no dues certificate ?
4) you can obtain indemnity bond from seller to safeguard your interests
5) you can also check whether property taxes , society dues have been paid till date .
Hi, if the original documents was there withe the possession of the owner then you can go with the transaction and it is better obtain Encumbrance Certificate of the property for the past 30 years.
2. you can also get the indemnity bond from the seller.
1. Since the original documents are available it bears testimony to the fact that the property is not under mortgage as on the present date.
2. Indemnity bond may be obtained from the seller if he is willing to execute it in your favour.
3. Find out whether the property tax, telephone and electricity bills have been paid.
Do not proceed to purchase till certified of the deed and volume is traceable.
1. You can try to get the certified copy by filing W.P. before the High Court,
2. If you do not get it, it will not be prudent on your part to buy the property since there will not be any scope on your part to get the deed submitted before you verified for its genuinity,
3. There are umpteen nos. of forged/fake title deeds available for which the copies at the registration offices are conveniently made to disappear.
1. The risk is that the Document you are seeing as Original Title Deed may be fake but you will not be able to ceck the same with the certified copy of the deed which has been already been recorded at the registration office,
2. You shall have to take the decision to decide about the genuinity of the person from whocm you are planning to buy the property,
3. Take maximum precaustion while taking the said decision.
Hi,
1. to avoid a risk in buying the property, as you could not get the certified copy or duplicate , go ahead with a title search in the sub registrar office. get the help of an advocate or title search clerk, for title search.The details in the entry register will show you the details of registration and all transactions pertaining to the property , whether it is mortgaged or originally legally registered and not assigned to any one through gift or relinquishment deed, etc.
2. It is not necessary always the duplicates can be availed in registrar office, to get a duplicate copy as they get misplaced .
If the title search in the registrar office shows that the property is not mortgaged or transferred to anyone and the registration has done as per the original document shows, you can go ahead with the sale.
