1) take search in sub registrar office and obtain certified copy of said agreement executed in 1987
2) you can in alternative contact the builder and obtain copy of said agreement for your records
Loss of Agreement of sale of land
I purchased Property from a Developer comprising of Land and Constructed house on it by developer for me on the basis of booking made in 1987, in Maharashtra.One of the plot out of two plots of land were purchased by seller (say B) from previous owner (say A) under single agreement. The agreement or copy of the said agreement for, Sale between A and B is not available with me (developer did not give it to me nor is part of Agreement between Me , Developer and Seller B of land. I in 2018 is proposing to sell the property (land and construction thereon) to another person (say C) Since Housing Finance Co for Buyer C and Buyer C is insisting on the copy of said agreement, which I do not possess , what can be remedy to it. The referenced agreement for sale of Land between A and B was entered in year 1987. Equally I am not aware if the said agreement is registered at the time of execution. There was no specific requirement to attach or submit the copy of such agreement in the year 1987 in Maharashtra
Asked 5 years ago in Civil Law
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7 Answers
1) There must be agreement between buyer and seller in the year 1987 unless n until agreement is their the sale deed won't be complete and registrar will not transfferred property title on your name.
2) You will get copy from registered office or if you have property survey number I can provide you search report on it.
See you can get certified copy of agreement if same was registered. if not then you can give an indeminity bond to seller nothing else can be done in that case, in indeminity bond it can be stated that if there is any claim from previous owners then you will indemnify the buyer agaisnt it.
- As per the information mentioned in the present query, makes it clear that the presemt buyer is in storing on something which is somewhere right at his end for the prior proof of chain of the same property in question.
- You can make an application in the registrar’s office for supplying the certified copy of the same.
- On the other hand you can make an RTI to get the information about any such agreement for being duly registered or not.
- And at the end if nothing comes and still they insist for the same then give an affidavit on your behalf stating that there is no such dispute over the property.
This is my response to you:
1. You will have to approach the Sub-Registrar and obtain a duplicate copy of the same;
2. Otherwise trace the builder and obtain true copy from him;
3. Either way you will have to obtain proof that your title is perfect;
4. You can also approach the municipal office or file an RTI to obtain the true copies of those agreements;
5. Consult a local lawyer and take steps.
Go to Registrar Office where the registration work of sale or other deed done and obtain duplicate copy.
It may not be sale agreement but it should be sale deed, which is called title document.
Before buying the property the title to be traced to its known period even if it is 50 to 60 years old
Therefore possession of all link title documents with the current owner is essential especially when he wants to avail loan or would desire to sell the property to the prospective buyer.
Now you have to ask your vendor to provide all the original link title documents or can issue a legal notice to the vendor to produce the same or face legal consequences with costs.
