• Lost of original documents by seller

I am a buyer and did a aggrement of property after seeing all original documents. But after 3 months seller says he lost his original documents e.g. convence deed , allotment letter, possession letter . My bank after sanction my home loan also not ready to give check to seller ...
Pls give me knowledge with which my legal right ... i can get back my money from seller ...
Asked 4 years ago in Property Law
Religion: Hindu

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21 Answers

Did you entered into a sale deed with the seller or an agreement to sell?

Eitherways, a duplicate/certified copy of both of the above documents can be pulled out from the Sub Registrar Office, incase these documents were registered.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Please file a suit for recovery of money based on agreement claim interest in the amount you paid to him and also claim for damages.

NOTE: Secondly if seller lost documents he can get certified copy from registrar office. the seller can file a suit for declaration to declare him as owner and get new documents registered.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

If the agreement of sale is not executed the buyer is entitled to get the amount back with the interest for that period.

You can file a specific suit for performance of agreement asking court to direct seller to fulfil his promise in agreement. If court finds appropriate it can order registration of.property on payment of agreed amount or least you get your amount back with interest.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

With the proof of amount paid to seller and bank loans along with agreement to sale you can file.a.suit for.specific performance.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hello sir , you can get a certified copy of the sale deed from the registrar office .. The bank is concerned with the sale deed , and the allotment letter only .. The allotment letter can be obtained from the builder office..

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Send a legal notice to the seller and seek refund of your money (x+y)

You're bound to get a refund since the seller has lost his original conveyance deed, possession and allotment letter etc.

If the seller fails to comply with the Legal Notice, you may knock the doors of court.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Kindly go through the contents of your agreement. In your agreement there may be a clause that in case there is any legal impediments, etc., the seller is responsible for the same. Contact a local lawyer give him a legal notice and file a suit for specific performance of the contract.

Dalip Singh
Advocate, New Delhi
1040 Answers
36 Consultations

5.0 on 5.0

There is something fishy in the story and the seller is avoiding the deal by this act.

As you have the agreement and acted in good faith you may file a criminal complaint of 420, 506 of IPC against him for recovery of amount expanded and compensation for loss of deal.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1) If he is ready to give you money by mutual consent your all money, which you gave him as a advance amount. Other wise you have to make complaint against him in Police Station and file a criminal case against him Fraud.

As per Section 2 (17) of the Indian Contract Act, 1872 Fraud is defined as

Meaning : "A deceptive act done intentionally by one party in order to influence the other party to enter into the contract is known as Fraud."

Truth : "In a fraud, the party making the representation knows that the statement is not true."

Claim :"The aggrieved party, has the right to claim for damages."

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

1) you can cancel the deal and seek refund from seller as he has failed to hand over original documents of title

2) mention that bank is refusing to disburse home loan as original documents of title have not been handed over

3) if seller refuses to refund file suit and seek refund of your money with interest

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

Issue notice to seller to refund your money as he is unable to produce the original documents of title

2) mention that bank has refused to disburse loan

3) if seller refuses to refund take legal proceedings as advised herein above

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

Respected sir...

You can ask seller to get copies of all such documents which are lost ...Else he will have to pay your all money you just need to have proof of that money which you have gave to the said person ..If he denies to money you just need to file a civil suit as well as a FIR against the seller for missreprentation .. Court will easily help you on this case ..While lodeging the FIR annexure all the relevant documents with your complaint as it will work easy for police to help you ..

Thank you

Dinesh Sharawat
Advocate, Delhi
1258 Answers
12 Consultations

4.9 on 5.0

File a case for cancellation of the agreement and for repayment of the advance paid to the seller before the Honourable Civil Court.

it is the duty of the purchaser to get all the original documents from the seller on or before sale if the seller fails to do the same the buyer may cancel and insist for repayment of the advance paid.

Rajashekar
Advocate, Bangalore
584 Answers
4 Consultations

4.8 on 5.0

Dear Sir,

It seems your seller playing fraud on you. Just issue a notice and get back the money. If he did not return file a suit for recovery. He might a deposited the titled deeds some where else and got some money. You will be in danger if you purchase that property.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

1. There is a high chance that the original title deed has been deposited with a bank for mortgaging the said property while taking loan after those original deeds were shown to you.

2. It will be highly risky to buy the said property with out having the original link deeds.

3. Send him a legal notice claiming back the amount you have paid to you since he could not handover the originals of the required link deeds.

4. Thereafter file a Money Suit claiming back your advance amount paid to him with interes, damage and cost. Since you have not dealt with a builder/developer to purchase it, you can not approach the Consumer Court.

5. You can also lodge a police complaint against the seller for cheating you and refusing to return the advance paid by you.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

1. File the Money suit as suggested in my earlier post &

2. Lodge the police complaint as suggested in my earlier post.

3. If police refuses to register FIR against the seller, file a Writ Petition before the High Court against police inaction praying for a direction upon the police to register FIR, investigate and act based on your said complaint.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

Without the original documents in possession of the seller it cannot be said that the seller is genuine. His statement mentioning that the original documents were lost hence to go ahead with the photo cop[y of the same is nothing but suspicious.

You may immediately cancel the booking and demand for repayment of the booking amount with interest since it is the fault of the seller.

If he is not refunding the same, you may drag him to consumer forum or civil court for recovery with costs of the litigation.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

You can issue a legal demand notice by communicating the decision to cancel the sale agreement and demand to return the booking amount for the reason that the seller is not possessing the original documents.

Failing which he may be dragged to civil court or consumer forum for recovery

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

Hello,

Send a legal notice to the seller claiming the amount that has been paid by you for purchasing your property.

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

If he does not returns the money after the legal notice then a summary suit will have to be filed for the return of the money that is there with him

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

He need to get the police Complaint filed for the lost documents. He can file a application for the copy of registered document from the related office from where it is issued or registered. He can also execute a affidavit for the same and notarized it.

Prashant Nayak
Advocate, Mumbai
27289 Answers
88 Consultations

4.4 on 5.0

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