• Is it safe to buy a property which has only the last sale while the previous chain is missing.

Should I buy a property in delhi where the seller claims to have lost all the previous chain of sale deeds that he showed me at the time of token. What he still has is the last sale deed. 

An FIR has been filed and a public notice given and also all the certified true copies of the lost sale deeds have been obtained from the registrars office.

The only original paper available is the last sale deed where in the seller became the absolute owner of that property. All the previous chain has been misplaced.

Also should I ask for some correction in the price due to these lost sale deeds?

Would appreciate any comments.
Asked 2 years ago in Property Law
Religion: Hindu

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14 Answers

You need see any  encumbrances are there in the sai property before that period before buying

Prashant Nayak
Advocate, Mumbai
24936 Answers
58 Consultations

4.4 on 5.0

We can advise you after examining the papers. You should consult a local lawyer before finalizing the deal.

Mohammed Mujeeb
Advocate, Hyderabad
19012 Answers
31 Consultations

4.5 on 5.0

Don’t purchase the property 

 

banks are hesitant to grant loans if original chain of documents are missing 

 

 

if he is selling property at discount to market price and you don’t need bank loans you can consider to purchase the property 

Ajay Sethi
Advocate, Mumbai
84937 Answers
5618 Consultations

5.0 on 5.0

Since certified copy has been obtained it serves the same purpose as original. 

There is no use of original now, if the paper is right then it is ok bcoz in future if you wish to take loan from bank they look into the chain. 

You can negotiate on the price, but certified is as valid document as a original deed.

Amol Chitravanshi
Advocate, Delhi
279 Answers
1 Consultation

4.0 on 5.0

Hi

 If certified copies shows the title , you can proceed with the deal.

Yes you should ask for reduction in price since the original chain documents are missing.

You can also make a mention, add a clause indemnifying you by the seller against the missing originals of the missing documents in originals, the legal proceedure he has taken about it etc., in the Sale agreement/ deed of Sale

 

 

Thresiamma G. Mathew
Advocate, Mumbai
1629 Answers
188 Consultations

5.0 on 5.0

Hello, 

1)  From what you have described,  you have taken steps to obtain copies of the chain documents and lodged an FIR. 

2)  What you must further do is to get a property search done to ensure no encumbrance. 

3)  You may negotiate on the price on basis of missing original documents,  though that in itself should not diminish the property value. 

S J Mathew
Advocate, Mumbai
3355 Answers
163 Consultations

5.0 on 5.0

No. It is not legally advisable to buy such properties. One way is to go for a detail search of past transactions for quite some long period say 50 years from registry office.

Kallol Majumdar
Advocate, Kolkata
2800 Answers
8 Consultations

5.0 on 5.0

Dear Client,

It would be better if you check the missing chain to avoid any trouble in the future. 

Jaswant Singh
Advocate, Gurugram
910 Answers
2 Consultations

4.8 on 5.0

1.As you mentioned that you got all the certified true copies of the lost sale deeds,that's sufficient to check  the link of the documents and how the seller got the ownership on that property.

2.I don't think there will be any chance to have correction in the price just because of  the above reason.AS the seller already got the lost copies by applying with registrar office,you can't expect any correction in the price.

Seshukumar Kuchibhotla
Advocate, Hyderabad
57 Answers

5.0 on 5.0

Not advisable, even bank will not provide loan and further sale will be impossible. 

Yogendra Singh Rajawat
Advocate, Jaipur
21452 Answers
31 Consultations

4.4 on 5.0

Generally it is not advisable to buy the immovable property where all the original link documents are missing.

However since the vendor has observed all formalities regarding the missing link documents, you may obtain a legal opinion from a local lawyer and proceed with the proposed purchase.

 

T Kalaiselvan
Advocate, Vellore
75050 Answers
1263 Consultations

5.0 on 5.0

You can check the entire history of the land from the registration office and also you can get the copy of the previous sale deeds in duplicate if you are satisfied with the documents available then only you can go to purchase this property

Vimlesh Prasad Mishra
Advocate, Lucknow
6829 Answers
23 Consultations

4.9 on 5.0

Dear sir

There will not be any problem in buying the property as he has follow all the procedure for missing sale deeds and he have also obtained all the true copies.

You can go ahead with the purchase and the price negotiations depends on the parties how can some one else comment on that.  But you should try for further negotiations for reducing the price. If he decrease the price it will be well and good. 

Mohit Kapoor
Advocate, Rohtak
10688 Answers
7 Consultations

5.0 on 5.0

See you can go ahead with the purchase take an indemnity bond from seller separately that in case any issue due to lost sale deed or any civil suit due to title of property is there he is liable to indemnify you.

Further you can bargain on the amount if he is ready to reduce some amount. 

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
149 Consultations

5.0 on 5.0

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