• want legal guidance

My name is Gopi . I have flat in redeveloped society . i was resident in old society since 20 years and then I got new flat by redeveloper during redeveloping of our society in 2016. now I want to sell this flat and I have,
1. The agreement between me and redeveloper for flat no 306 ( in redeveloped building) in 2016.
2. old agreement of 1994 with first owner and me for flat 102 ( in old building for which I got flat no 306 in new ) and share certificate of old society in my name)
3. I don't have have agreement of first builder and first owner of my old flat 102 which was of 1983 . I have Xerox copy of same and it is not registered.
I didnt face any difficulty to get new flat in newly developed building as my old agreement was before 1985 and hence no stamp duty was liable.
now with this, can I sell my new flat ? Are old agreementsof flat 102 needed or it can be done with my single new agreement of 2016? please guide. Thank you.
Asked 4 years ago in Property Law
Religion: Hindu

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8 Answers

1) purchaser would want original chain of documents

2) if any original documents are lost by you file FIr about loss of originals

3) issue public notice about loss of originals

4) take certified copy of said documents from sub registrars office

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

1. the agreement between you and the builder will suffice

2 do not worry. you will easily find buyers

3. coming to concern on stamp duty, if there were any deficit stamp duty, ie less stamp duty paid on any prior documents, your agreement would not have got registered in first place

4. you do not require the agreement between the original builder and original owner of old flat

Yusuf Rampurawala
Advocate, Mumbai
6880 Answers
79 Consultations

5.0 on 5.0

Firstly, at the time of buying any property what matters is that the title deed in your favour, only a minimum inquiry required with regard to the old agreement.

Secondly, new record can easily be seen by the buyer through registrar’s office after paying a nominal fees.

Thirdly, you please go ahead and sell the same.

Rest if needed, you can have a detail conversation with me through Kanoon.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Present agreement is valid for resale, But copy of previous agreement will required.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. The Duly Stamp Duty paid and Registered agreement of 2016 between yourself and the builder, and the Share Certificate for the new Flat, is more than sufficient enough to Sell /Gift /Transfer the Flat, to anybody.

2. IF required an indemnity bond, may be executed by you, and annexed with the current Sale-Deed, for any eventualities.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

If the bank is demanding the previous link document showing the title to the original vendor selling the property to you, then it will be imperative for you to produce the same.

No property can be bought by an unregistered sale deed, hence you have to produce the original registered sale deed held by your vendor while he executed a registered sale deed to you on the this property.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Your question: now with this, can I sell my new flat ? Are old agreementsof flat 102 needed or it can be done with my single new agreement of 2016?

Answer: Yes as long as you have registered agreement with the previous owner, you will face no difficulty in future transfer of property;

You can do the following as precautionary measures:

1. The documents which you have seemed to lost, you can get a copy from the Sub-Registrars office ;

2. You can also file an RTI and retrieve the true copy of the same;

3. You can also file a police complaint in the nearest police station, stating that you lost the previous documents.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

1. the flat can be sold with your single new document also.

There is no requirement of having the old document in hand.


Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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