• Original sale deed of previous agreement is lost

Hii,
I have purchased flat at Mumbai in may 1999. I have original document of sale deed between me and previous owner and also share certificate of our society. I am second purchaser. I don't have original agreement between redeveloper and previous owner which was dated 22 December 1983. I have only Xerox copy of that but it is of unregistered document. . registeration receipt and original document is misplaced. what is my statua and according to you what should i do ? thanks
Asked 4 years ago in Property Law
Religion: Hindu

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27 Answers

You may get a copy of the previous sale deed from the registar office

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Hi, you have to lodge a Police Complaint for lost of the original documents and further, you have to make a paper publication to the lost of the original documents.

Pradeep Bharathipura
Advocate, Bangalore
5398 Answers
310 Consultations

4.5 on 5.0

1) You will get true copy from registered office signed by registrar and current share certificate n original agreement is on your name, municipal taxes receipt is also on your name so don't worry.

2) Status of current owner and possession should be same and that is available with you.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

1. There is nothing to worry. To establish your title your own title deed is required to be produced and not the past deeds.

2 So even if you have misplaced or lost the previous documents your right , title and interest in the property would be in no way hampered.

3. If you wish to sell this property then also there would be no hindrance in absence of these papers.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Please clarify whether you lost sale deed or sale agreement if it is sale agreement 22 December 1983 you need not worry if it's a sale deed you lost approach sub registrar and get certified copy without registered sale deed previous owner will not have right to sell property. And unregistered document of sale agreement would not affect you much just lodge a police complaint and publish a notification in paper.

If documents are presently in your name and taxes are paid in your name to local municipal corporation you need not worry.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

1) take search in sub registrar office and obtain certified copy of original sale deed between builder and original purchaser

2) also file FIR about loss of original documents

3) issue public notice about loss of original documents

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

Better to lodge FIR about loss of original documents

Issue public notice as advised earlier

You need original chain of documents

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

I may repeat that old documents which you are seeking for is not necessary to make your title any better.

The documents you have in original, is more than enough to prove your unflinching title in the property.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

You're still a lawful owner of this property and have a clear and marketable title upon your property.

Give an intimation to the Police regarding misplacement of original documents.

If you wish to, you may also bring out a public notice, giving a general intimation to the public at large that the concerned documents have been misplaced.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Certified copy will be issued only incase the misplaced document we'll be available in the records of the concerned sub Registrar Office.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

You are the absolute owner of the flat as per new sale deed. Old deeds are indicating the transactions and transfer of the property from original owner to new owner.

When you apply a bank loan, then bank will not sanction loan unless original documents are produced. If the 35 years old original document told to have been lost was a registered one then a copy there of can be obtained from registration office of the district concerned.

Ajay N S
Advocate, Ernakulam
3991 Answers
93 Consultations

5.0 on 5.0

Since your in possession of your property for more than 12 years you do not need old documents since limitation for someone to fIle case against your property is over as such you need not worry but if you want to sale some prospective buyers may ask previous document so it's better to file FIR and make paper publication.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Dear,

No worry , you have latest sale deed in original in your name. And for past sale deed, apply in registrar office

with sale deed registered number and date, you will easily find there original sale deed there. If you are not able

to get this, then file a police complaint regarding this.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

Previous deed is not necessary at all as at the time when you went to register a sale deed between you and the other person then Registrar was satisfied with his (other person) papers.

Your deed is all needed now. No FIRis needed or advertisement.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

I have only Xerox copy of that but it is of unregistered document. . registeration receipt and original document is misplaced. what is my statua and according to you what should i do ? thanks

No doubt the original redevelopment agreement between the developer and your vendor is the original parent document to establish the title of the vendor.

However you can obtain an indemnity bond from the vendor and also obtain a certified registration copy of the redevelopment agreement from the registrar's office as well as certified copy of the registration receipt.

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

. our secretory and others are telling that now no need of document before 1983. Is it really necessary to file FIR and advertise in newspaper. what if they do not find old documents ? will they make Xerox copy certified? developer and first resident made it in 1983 and now both have passed away.

It is better that you obtain a certified copy of the registration copy of the original redevelopment agreement between your vendor and the builder.

police complaint after 35 years cannot be made

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

Hello,

Please file a gd for the same first and give a declarationabout the ownership in your local newspaper .

Hope this helps.

Regards.

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

If its receipt is misplaced You can still find out the same from their website or office and get certified copy of the same for your record.

Prashant Nayak
Advocate, Mumbai
27267 Answers
88 Consultations

4.4 on 5.0

1. Your title is traceable to the sale deed executed in your favour by the erstwhile owner. The agreement between the previous owner and redeveloper does not have any bearing on your title.

2. Since you have the sale deed in your favour along with the share certificate you do not require any other document.

3. The FIR can be lodged only by the previous owner.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

No, there would be no problem in selling the property in absence of the old agreement as mentioned by you.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

You don’t have clear and marketable title to the flat

2) if original chain documents are list it is difficult to get bank loan

3) hence advised to issue public notice about loss of original documents and also lodge FIR

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

If the buyer is approaching bank for loan, then the bank will insist on this document also, hence it will be difficult for you to sell the property without this document

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

It won't be a problem since as mentioned above that you are in possession for more than 12 years and also that you have all municipal records in your name your can sell flat. Also you have sale deed as such no need to worry if you have no agreement.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

You can sell your flat. But in the case of taking loans you should have give indemnity bonds and necessary documents as required by bank.

Ajay N S
Advocate, Ernakulam
3991 Answers
93 Consultations

5.0 on 5.0

Yes it is enough but in case your not allowed to pay tax in your name in corporation then you can file a suit for declaration that you are the owner of the property based on documents.

But in your case it's not needed since as mentioned before you are paying taxes and even you are in possession from long so it's not needed.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

You need to obtain certified copy of original sake deed from sub registrar office

2) if you are unable to do so you may find it difficult to sell your flat

3) you have rightly lodged FIR about loss of original documents, issued public notice etc

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

Igf you still feel there could be a legal impediment on this at a later stage, you may even plan to file a declaratory suit on the basis of all the documents in your possession by consulting a local advocate in this regard.

This title declaration suit will confer you the clear and marketable title so that you can transact with this proeprty in any manner in future without any fear about any litigation on it

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

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