• Sale deed / registration of old property

My Father (2nd owner) had purchased a property back in 1991 via resale from the 1st owner, registered at registrar in 2009/10 office with original documents safe with us; but the document's between builder and 1st owner have been misplaced and no photocopies.
I have filed an FIR, took a letter from the society office, printed lost property document's in news paper and also i have made an affidavit notarized.
I believe the property has not been registered between builder and 1st owner which was back in 1981.
What is the further procedure to get the property registered and if i can get in contact with the previous owner what document's would i require to get the property registered ??

I am applying for a loan, and banks are really adamant, refusing to sanction any loan.

Warn Regards.
Asked 11 months ago in Property Law from Mumbai, Maharashtra
Religion: Hindu

Sale deed between builder and first owner is required to be registered to confer clear and marketable title to property

2) in present case sale deed was merely notarised and that too has been lost by you

3) builder should execute deed of confirmation in favour of original purchaser

4) deed of confirmation should be stamped and registered

Ajay Sethi
Advocate, Mumbai
61330 Answers
3722 Consultations

5.0 on 5.0

Dear Client,

If you will approach previous owner, they will take advantage or demand money. It must be mention in the sale deed executed with your father, how property acquired by 1st owner.

Sale Deed, POA, agreement to sale etc, if any one of them and registered, apply for certify.

PSU banks are full of idiots, private banks easily process with reasons recorded (IR, took a letter from the society office, printed lost property document's in news paper and also i have made an affidavit notarized).

Or show sale deed,

Yogendra Singh Rajawat
Advocate, Jaipur
9806 Answers
8 Consultations

4.6 on 5.0

1. you can file a suit in the city civil court seeking direction to the members of public to not deal with the misplaced original document if found

2. for a declaration that the original document between the builder and 1st owner is lost and/or misplaced

3. for a declaration that your title is clear and marketable despite the original document having been lost

4. even if you manage to contact the builder and 1st owner, it will not make any difference, as the position will still remain same i.e. original document lost. How will any subsequent agreement between builder and 1st owner cure the defect of lost original title document?

Yusuf Rampurawala
Advocate, Mumbai
3883 Answers
16 Consultations

5.0 on 5.0

Dear,

When we registered property at registrar office, we submit there a copy for registrar also.

So if this property was registered in 1981 then 1 copy should be in the record room of that

particular registrar. So you should apply a copy in registrar record room, you should take a

sign of purchaser or seller on the copying form and apply, they show you the file and give

to you also.

Tarun Agarwal
Advocate, Jaipur
633 Answers
2 Consultations

4.9 on 5.0

Firslty, Sir, banks are really so adamant with regard to the previous chain of documents of the property.

Secondly, but yes it is also right that though the privious documents are lost and you have done all the needful for the same.

Thirdly, and also the limitation for anyone to challenge the sale deed has been elapsed, try to make hem understand the law for the same.

Fourthly, if no positive reply from them then file a Writ of Mandamus in High Court.

Sanjay Baniwal
Advocate, South Delhi
3999 Answers
7 Consultations

5.0 on 5.0

This is my response to you:

1. You must find the first owners of the property;

2. Ask them to produce the copies in their hands;

3. If they don't produce then ask them to give an affidavit that they were the previous owners;

4. If there are more problems and the first owners are not found then take out a newspaper publication;

5. If still not found then ask a lawyer to issue a title clear certificate;

6. If still there are problems then approach court for suit for declaration of right, title and interest in the property;

7. Get the certified copy of the court order and submit it to the bank.

Gowaal Padavi
Advocate, Mumbai
1629 Answers
2 Consultations

5.0 on 5.0

1. The agreement made between the builder and the developer need not be registered. So if its photocopies is available then it is fine.

2. I am sure the chain of title of your 1st owner is proper whose certified copies would be available from the registration office.

3. In that event there is no irregularity in your title and you can safely proceed ti sell this property.

Devajyoti Barman
Advocate, Kolkata
16485 Answers
231 Consultations

5.0 on 5.0

1. It was incumbent on your father to have obtained the documents between the builder

2. If the title of the first owner was defective then the title of your father too is defective. It is trite law that no one can pass a title better than his own title.

3. For your father to get a free and marketable title the sale deed between the builder and first owner has to be registered. No bank will sanction loan as long as title is defective.

Ashish Davessar
Advocate, Jaipur
25875 Answers
742 Consultations

5.0 on 5.0

Sir first you can look for certified copies of 1st document with the sub registrar office in case it was registered you will find same if not you won't find them.

See in the case it was not registered between first owner and builder the title is not clear and marketable so now since it was unregistered document even a confirmation document cannot be made.

So you have to file a suit.of declaration in the civil court based on your registered document the affidavit and the possession further society Noc and other documents for declaration of lost documents and declaration of title of property In your name.

Shubham Jhajharia
Advocate, Ahmedabad
15323 Answers
63 Consultations

5.0 on 5.0

Sir, Bank wants chain agreement copy to sanction loan as per their procedure. If society give letter to the Bank that you are legal owner than Bank have no Objections in giving loan. You have asked for what papers required?

A) Registration Agreement B) Share Certificate. Index ll C) Socity NOC

Sharad K Rikhra
Advocate, Mumbai
7 Answers

Not rated

If you locate the previous owner, you can insist on production of original documents pertaining to his title and the mother document copy obtained from the builder.

You can get an indemnity bond from him indemnifying the loss in case he is not in possession of old original title documents.

T Kalaiselvan
Advocate, Vellore
51451 Answers
612 Consultations

5.0 on 5.0

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