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I am in the process of selling my 3 bhk flat in kolkata under south dumdum municipality.  The person willing to purchase  the flat is asking for the photocopies of the relevant documents such as sale deed etc. for searching the title of the property. 
Since it is not advisable to handover the photocopies of such documents before the execution of proper sale agreement in this regard,  what should I do in such case so that the person is able to search the property through his own lawyer.
Asked 3 years ago in Property Law
Religion: Hindu

3 answers received in 10 minutes.

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14 Answers

You can give the copies of your property papers and write on them only for title search purpose . This is normal.

Now a days people want to get the title search done prior to making initial payment.

Parul Suri
Advocate, Faridabad
15 Answers

4.2 on 5.0

1) you can furnish details of flat to the purchaser

2) survey number , flat number , building name

3) on basis of said details search can be taken in sub registrar office and search report obtained by Lawyer

Ajay Sethi
Advocate, Mumbai
82065 Answers
5153 Consultations

5.0 on 5.0

Please inter in a sale agreement and receive advance against the agreement and then only you may provide copy of the sale deed to check the record of the property

Vimlesh Prasad Mishra
Advocate, Lucknow
6820 Answers
23 Consultations

4.9 on 5.0

There's no difficulty in sharing the sale deed before execution of proper sale deed.

Unless you do not handover him the requisite sale deed(s) he'll not be able to get the title search done through his lawyer.

Vibhanshu Srivastava
Advocate, New Delhi
9173 Answers
189 Consultations

5.0 on 5.0

You can give photo copies.of these documents mentioning the reason for giving photocopies on every page along with date and sign.

Also you can give the registration number to the buyer he can take copies of documents from the sub-Registrar house and can get a search report done.

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
131 Consultations

5.0 on 5.0

Hi,

You may give him name and the details of the property.

Ganesh Singh
Advocate, New Delhi
6616 Answers
14 Consultations

4.5 on 5.0

Hello,

Tell him the date of execution of the sale deed and accordingly he can make a title search from the sub registrar office.

Although you may give him the photocopy also, in my advise their is no harm in doing the same.

Regards

Anilesh Tewari
Advocate, New Delhi
17863 Answers
324 Consultations

5.0 on 5.0

Dear Sir,

I will let you know the procedure being followed in Bengaluru, Karnataka State. Just ask the buyer to take set of Xerox copies by depositing Rs.5,000/- being caution deposit. If you have doubt about credentials of the buyer better not to hand over such documents. On Xerox copies nobody can get any title or otherwise use them for his personal benefit. Or give numbers of registrations so that they can cross check in the concerned offices.

Kishan Dutt Kalaskar
Advocate, Bangalore
5781 Answers
283 Consultations

4.8 on 5.0

1. If you do not deliver the photocopies of the documents then how would the prospective buyer vouchsafe that your title is free and marketable.

2. The practice is to deliver the photocopies to the prospective buyer in lieu of 'Kachi Sai" i.e pre-earnest money. If you do not do this then the only option for him will be to undertake a search in the office of sub-registrar which will be a long drawn and expensive process and can turn him away.

Ashish Davessar
Advocate, Jaipur
30308 Answers
889 Consultations

5.0 on 5.0

1) On basis of your , address, society name and registered, a search lawyer can find the property details whether its free hold or not and on whose name the property is. If person what to purchase property can check via any bank by apply for bank loan process and provide address details of proeprty. That particular bank will make investigation of the property just he has to pay processing fees.

Ganesh Kadam
Advocate, Pune
12004 Answers
127 Consultations

4.9 on 5.0

Dear Client,

If person is availing a bank loan, than bank will do the search process.

Rest, u not need to provide him all documents but crossed copy of last sale deed, that also introduction and registration page which shows reiteration no.

Yogendra Singh Rajawat
Advocate, Jaipur
21439 Answers
31 Consultations

4.4 on 5.0

These days the seller are taking a substantial amount in the name of token advance before handing over the photo copies of the registered sale deed document and also they endorse that " this copy is given for scrutinisation purpose alone, any misuse of the same by any person shall not be binding on the seller".

You may also adopt the same step as a precaution before handing over the same to the prospective buyer and can take it back once if he decides either way.

T Kalaiselvan
Advocate, Vellore
72134 Answers
1076 Consultations

5.0 on 5.0

You can give the details of the property for the search. Search can be fine by property card details, survey nos, name etc

Prashant Nayak
Advocate, Mumbai
23327 Answers
49 Consultations

4.4 on 5.0

1. It is all right to give photocopies of the last sale-purchase deed, for proper search and adjudication by the Buyer, for his own safety.

2. There is no scope of any fraud /forgery /risk from giving photocopy of your documents.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5546 Answers
25 Consultations

5.0 on 5.0

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