• Lost original unregistered agreement for construction and sale

Lost Original unregistered agreement for construction and sale 
I have 2 previous registered sale deed originals 
One between the builder and the 1st owner and 2nd between 2nd owner and seller
All municipal tax, electricity bills are in the name of seller
I have a registered sale deed between me and seller
What to do ?
Asked 4 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

20 Answers

File Police complaint about loss of original documents 

 

2) issue public notice about loss of original documents 

 

3) apply for and obtain certified copy of said documents from sub registrar office 

Ajay Sethi
Advocate, Mumbai
94836 Answers
7564 Consultations

5.0 on 5.0

If un registered documents are missing then approach original seller and obtain copy of the said agreement 

Ajay Sethi
Advocate, Mumbai
94836 Answers
7564 Consultations

5.0 on 5.0

See after sale deed is executed sale agreement is of no use , further though for both the agreements file a police complaint, take a lost certificate from the police, public advertisement in newspaper it will be enough for future sale.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Sir follow the procedure as mentioned above in case they are lost or missing.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

File police complaint, there wont be any issue due to loss of these documents. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Approach the builder to certify xerox copy of said agreement 

Ajay Sethi
Advocate, Mumbai
94836 Answers
7564 Consultations

5.0 on 5.0

You need to file police complaint in the same. Lost Unregistered document can't be retrieved as there is no record of the same with sub registrar. You need to give a paper publication in newspapers for the lost deed and approach court if necessary for the same. If the earlier parties of deed are alive it can be again  executed by paying necessary stamp duty and registration

Prashant Nayak
Advocate, Mumbai
31968 Answers
182 Consultations

4.1 on 5.0

Unregistered document has no validity and neither it will effect chain of documents. Agreement of sale constitutes the terms and conditions of sale of a property by the seller to the buyer and once sale deed is executed, ATS expires.

Keep xerox for record.

Yogendra Singh Rajawat
Advocate, Jaipur
22664 Answers
31 Consultations

4.4 on 5.0

if agreement for sale is not registered then you can enter into fresh agreement in which you can mention about the loss of documents, FIR, Advertisement and simultaneously you need to take indemnity cum undertaking bond from the seller.. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Since you have the xerox of the agreement there is nothing better that you can hope for in view of the fact that sale agreement is unregistered. 

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

If you check all mutation papers you will get from revenue department copy of it.

Ganesh Kadam
Advocate, Pune
12932 Answers
255 Consultations

4.9 on 5.0

You should apply for true copy of registered agreement from registrar office. 

But before that lodge FIR for loss of original documents.

 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

The unregistered sale and construction agreement is also a vital document.

You may ask the seller to furnish the photo copy of the same and also an indemnity bond indemnifying against the losses if any due to this in future.

 

T Kalaiselvan
Advocate, Vellore
85035 Answers
2211 Consultations

5.0 on 5.0

You are repeating the same question in a different manner, but the reply is the same, in my opinion, it would be better that you obtain an indemnity bond for future security.

 

T Kalaiselvan
Advocate, Vellore
85035 Answers
2211 Consultations

5.0 on 5.0

You can obtain an indemnity bond indemnifying against  the losses in future from your vendor

T Kalaiselvan
Advocate, Vellore
85035 Answers
2211 Consultations

5.0 on 5.0

You don’t have clear and marketable title to property as original chain of documents are missing 

Ajay Sethi
Advocate, Mumbai
94836 Answers
7564 Consultations

5.0 on 5.0

Unregistered sale agreement is of no use.

Yogendra Singh Rajawat
Advocate, Jaipur
22664 Answers
31 Consultations

4.4 on 5.0

You can always seek relief from your vendor in this aspect.

You should not be concerned about the builder or any predecessor to your vendor.

You have to look for remedies that is available before you and not go beyond that, there may be many reasons that may be an obstacle to your proposed move.

You must concentrate on your relief through your vendor, let him say that he cannot do i, you can take legal action against him as per law.

T Kalaiselvan
Advocate, Vellore
85035 Answers
2211 Consultations

5.0 on 5.0

You should consult a local property lawyer. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

see there won't be any issue the agreement is not required. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 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