• Want legal guidance

Hi , 
first of all thanks to all respectable lawyers who had replied me and gave their valuable guidance to me.
as per your suggestions, I lodged FIR for missing registration receipt of previous document which was of 1983 between builder and first owner. I also published notice in two news papers , one in English and second is Marathi. I also got no claim certificate from advocate.
I filed RTI in old custom house where document was registered. but they unable to find it . I got search report of five years . their index files are not in well conditions . also I don't know the reason but in daily books also no such records are found. now its very true that I was having receipt once and lost it , now original document was there with registrar and gone to pune but its missing now. RTI complain got answer that according to rule , any case before 20 years does not fall in RTI category. so result is negative , I could not get that original document till now. I also met builders but they haven't kept records of 34 years old project.
now what I am having is
1) original document between me and first owner of 1999 and all necessary papers regarding this in original ( I am residing here since past twenty years)
2) original share certificate in my name from registered society which has got conveyance and all property bills from 1999 till now.
3) Xerox copy of previous mother document 
4) FIR, an affidavit, news paper notice, advocate certificate, certified copy of search report of registrar office regarding previous document of which receipt is lost

not having
1) original document of previous owner of 1983

now with this , Is my tittle clear now? if still not , then what I should do now? I have done what all I can do and what you all suggested me to do. please reply. thank you all so much.
Asked 4 years ago in Property Law
Religion: Hindu

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18 Answers

Yes it is enough but in case if you are 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. Your title is clear.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Sir your title is clear there shall be no problem if you go for sale as your sale deed was registered after verifying the previous owners title and you have clear title and possession on the property.

See the previous documents in relation to properties can be required for record but in there absence it does not make your title unclear you have valid sale deed , xeror deed of previous owner and a clear possession and share certificate there is no problem in your title.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Your title is clear and marketable, hence you do not to worry about the previous owner's documents as you already have all the requisite documents with you require to sell a property.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

problem is bank is reluctant to grant loans if original chain of title documents are missing

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

3) ask builder, original purchaser to certify xerox copy of agreement lying with you as true copy

Ajay Sethi
Advocate, Mumbai
87893 Answers
6207 Consultations

5.0 on 5.0

1. Your title is very much clear.

2. To remove the doubt as regards lack of papers of original owner you have not more than enough.

3. You are in uninterrupted possession of the property for more than 13 years.

4. So there is no impediment to sell this property anymore. And no one can challenge any better title than yours in the property.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Firstly, thank you very much for compliance of the advices given by my respected fellow advocates to you.

Secondly, as you have already got the answer in your RTI that 20 years old records are not treatable which itself give you an edge with respect to the limitation period of 12 years to put any objection if any, taking you out of any future objection by anyone.

Thirdly, yes your title is absolutely clear, and you can enjoy the property in any manner you like.

Fourhtly, always keep the detail and copies of all the documents with you for future safety.

Good Luck...!

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

1. you have substantially complied with all steps to have a clear title

2. now it is on the purchaser of your property whether he is ok without one of the original documents in the chain of title documents

3. the purchaser can do his due diligence as well by issuing public notice in newspapers that he is intending to buy the property from you for which one of the original chain document is lost and therefore is inviting objections from public against the intended sale

4. if the purchaser is using his own funds then there wont be any issue

5. but if he is availing a bank loan then bank may require all the original title documents

6. in that case you will have to submit the public notice, affidavit, FIR, search report to the bank

7. the bank may take additional indemnity from the purchaser borrower

8. you can execute a separate indemnity as well in favour of the purchaser

Yusuf Rampurawala
Advocate, Mumbai
6876 Answers
79 Consultations

5.0 on 5.0

1) If you have title in your favor from last 20 years like sale agreement, society certificate, all property bills, than don't worry property belongs to you and you have possession.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

If you have an authentic reply for the lost document and if you are ready to indemnify the lost document in case of any litigation in future in this regard, you may proceed on the basis of the available documents in your possession.

Since the photo copy of the original document of 1983 is available with you, you apply for certified copy from the concerned registrar and get reply in writing about it and attach the same to the photocopy of the document. This will take care of all other issues

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

If you still want to make your title better you can execute a registered confirmation deed with the legal heirs. If not possible then you need to approach Court.

Prashant Nayak
Advocate, Mumbai
27224 Answers
88 Consultations

4.4 on 5.0

Your title is clear and free from any defects, in my opinion and there is no need to file any declaration suit in Civil Court.

Always glad to help.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

In my opinion the title declaration suit is not necessary since your title is already clear.

It is because of the lost document that you are anxious so much on this.

You can obtain certified copy of the registration document and also may indemnify the buyer for the legal issues that may arise in the future.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

you can file suit that you are absolute owner of property in Mumbai as property is situated in Mumbai and you are residing in Mumbai

2) you have to pay court fees for filing suit

3) suit may take some years to be disposed of

Ajay Sethi
Advocate, Mumbai
87893 Answers
6207 Consultations

5.0 on 5.0

Title declaration suit is not necessary.As your title is clear and free from any defects. As such it is not required to file any suit.

In case you are selling property to prospective buyer put an indemnification clause in the sale deed to protect buyer from any kind of legal issues that may arise later.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Yes you can file the same in civil court fir declaration of title with all evidences you have. Court will declare you the owner.

Prashant Nayak
Advocate, Mumbai
27224 Answers
88 Consultations

4.4 on 5.0

You have a title document in your name

You just don't have one of the original chain document

You are already absolute owner of the property

Against Whom will you file a declaratory suit?

It cant be public at large

Because anybody from the public can misuse your original title deed

How will you serve the suit papers?

Even court will issue a public notice in newspapers against unknown defendants

If no one comes forward then court will pass ex parte decree in your favour

Yusuf Rampurawala
Advocate, Mumbai
6876 Answers
79 Consultations

5.0 on 5.0

This is my response to you:

1. You don't need the documents of the original owner of 1983;

2. But it is better if you take every efforts;

3. Try finding him at the last known address;

4. If still not traceable then you can take out an advertisement in the newspapers inviting claim on your property (especially legal heirs of the first owner);

5. Otherwise you have nothing to worry;

6. As long as the first owner transferred the property to you, he had a perfect title then you have nothing to worry;

7. If your mutation is done on the property records and in the registrar's office then you are real owner of the property;

8. If you worry then file a suit for declaration of right, title and interest on the property;

9. The format is as below: http://www.lawyersclubindia.com/experts/files/101500_217286_basanti_devi_vs_sheela_etc_.doc

10. Engage services of a lawyer, show him/her your documents and you can put your worries to the rest.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

It is not necessary with above documents to.file any declaration suit your title is clear.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

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