• Missing original in chain of registered sale deeds

I wish to sell my flat which had 5 previous owners. The original document of the 3 red owner is missing though I have the photocopies of the same. Can the sale of my flat Go through ?
Asked 4 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

14 Answers

Yes if the last deed is well executed and registered and you have clear title you can sell it there is no problem in that.

Also further certified copy of old deed can be obtained by paying a minimal fee from the sub registrar office for the record,

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) Do you have INDEX II property card on its all things are mentioned of all previous owners.

2) If you have current previous owner agreement with you and Index II card that is sufficient to sale flat. Hope so you have rest of the papers clear.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

1. Keeping original past title deeds is not essential before selling your property.

2.. Since you have at least photocopies of the same, it is more than enough to defray the doubt, if any, of the prospective buyer.

3. In any event the doubting buyers can always get as many certified copies of the title deeds as he wants.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Hi

1) Yes. You can proceed with the sale of your flat with 1 missing original in chain of registered sale deeds.

2)Even as per transfer of property act, in order to prove ownership, it is NOT mandatory that the present owner should be having possession of all of the original link documents(original in chain of registered sale deeds).

3) The proposed sale of your flat with 4 original link documents and 1 certified copy of link document will be valid as

a) you are the present owner and

b) you are in possession of the original of your sale deed that you entered with your seller and

c) you are in possession of the premises and

d) You are paying property taxes in your name and

e) Utility bills (electricity , water.... are in your name) and

f) Ownership Certificate if any issued by your flat (this is applicable in case of society). Please note certain apartment complexes are managed by societies/trusts and they maintain the register of all owners of apartments and record all transactions pertaining to the apartments in their society.

4) Please kindly take note that a photocopy is different from certified copy.

5) You can obtain certified copy of the missing link deed from sub-registrar office.

6) In addition to relying on certified copy of missing link deed, you can also provide to the buyer the following

a) Encumbrance certificate pertaining to your flat for last 15 years prior to date of your sale transaction from the sub registrar’s office.

b) The Encumbrance certificate shows that in a given period of time from when the property was bought/sold has there been any transaction or mortgaging.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2169 Answers
394 Consultations

5.0 on 5.0

You should file FIR about loss of original documents

2) issue public notice

3) apply for certified copy of documents

4) then sell your flat

Ajay Sethi
Advocate, Mumbai
87975 Answers
6207 Consultations

5.0 on 5.0

1. You can issue a public notice about the missing document.

2. You can also apply for certified copy of missing document from the registrar office.

3. A FIR for missing document can also be lodged.

4. It depends on your buyer whether he proceeds to buy without the missing document. However if aforesaid precautions are taken then there should not be any problem.

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

This is my response to you:

Since the property is registered, you have nothing to worry. The new owner will see your current title not the previous owners title or papers.

You can do the following:

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

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

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

4. Otherwise you can go ahead with the sale by executing a sale deed and registering the property to the new owner.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Yes. You can certified copy of missing. EC will support it.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Sale is permissible if purchaser don`t object. Get the certify of copy of previous sales from registrar office.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. IF all the chain of agreements WERE duly stamped and registered, THEN you can execute a Indemnity Bond, in favor of the new buyer, in lieu of the missing agreement. This would suffice for all legal purposes.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

You can sell it with sale deed you have with your previous owners. You can get any missing original document in certified copies from sub registrar office of Registration.

Prashant Nayak
Advocate, Mumbai
27291 Answers
88 Consultations

4.4 on 5.0

The purchase of the property without the original document itself should have been avoided.

You cannot furnish the photo copies of the original document which is reported to have lost by the third owner to the proposed buyer now.

You have to follow the procedures for indemnifying the buyer for the loss of original document as per procedures of law.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

Your remarks given below:

"Mr. Kalaiselvan stated that I bought a property with a photocopy which was not mentioned at all. His advice as to what to do is very hazy, not specific to the point of my question. Dissapointed."

it is disgusting to read your remarks, which is nothing but reflects your hasty decisions not only to my opinion to yor query but also your past acts.

Nothing prevented you to go through my anser patiently, if done, you could have observed that I mentioned about our fault of not demanding the original document from the 3rd vendor while you bought the property from your current vendor.

You cannot expect your buyer to be careless about this and you cannot expect him to not insist about the original link title document, he may insist on the original document of the 3rd vendor.

My contention and opinion was in this regard and not to mention that you bought the property by a photocopy of the document.

The sarcastic comments about the opinions may be avoided especially before understanding the concept fully.

I repeat the opinion what I have rendered in my post, to which sarcastic criticism from your side is unwarranted and undesirable:

"You cannot furnish the photo copies of the original document which is reported to have lost by the third owner to the proposed buyer now."

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

Hello,

if the buyer does not have any problem in the same then obviously the sale can go through.

The price of the property might get effected.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer