• Purchase of property whose original agreement is missing

I want to purchase a 2 bhk property in Kamothe, Navi Mumbai whose original agreement copy is missing. The owner of the flat had filed a police complaint also and based on that certified copy of agreement has been issued from registrar office. State Bank of India is agree to provide a home loan. I am a government employee and before investing my hard earned money I want a legal opinion whether I should purchase this property or not?
Asked 6 years ago in Property Law
Religion: Hindu

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20 Answers

See if sale deed is there and only sale agreement is missing , also there is police lost certificate then you can ask owner to give newspaper advertisement and then can go ahead with the deal.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Has public notice been issued about loss of original documents 

 

2) you can purchase this property if police complaint has been filed about loss of original documents and public notice issued 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

  1. Any legal opinion can be given to you after examining the certified copy of agreement. 
  2. Hence you must visit me with a copy of the certified copy of agreement for exhaustive consultation regarding your intent to purchase and legal implications. I'm based in Mumbai/Navi Mumbai just as you are, hence it shouldn't be much difficult for you to pay me a visit.

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

He needs to give a paper publication and indemnity bond as if any claim arises later he should indemnity you. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

You can purchase the property. There shall be no legal issues for missing of original documents. Certified copies are as good as original.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

JUST SIMPLY ENSURE THE FOLLOWING IS COMPLIED WITH:

1. IF AT ALL, the original Sale Deed is not traceable (for any reason, whatsoever ....) in House or at SRO, THEN get a "Police Report" of the same, stating facts, that it is lost /misplaced /stolen /whatever....

2. ISSUE proper Public Notice in two local Newspapers, thru a registered Advocate.

3. Execute a "Irrevocable Indemnity Bond", in favor of Buyer-party, indemnifying buyer against ANY & ALL losses /claims /whatever...., of any kind whatsoever & whichsoever.

4. Armed with above documents & other existing available society documents, execute proper Sale Deed with confirming & consenting signatures of ALL residual legal heirs. PERIOD.

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

The loss of original document doe snot cause impact on clear title in the property if the title is otherwise clear.

From you query it is not possible to know whether the title is other free from encumbrance or not.

So you need to take help of a local advocate.

The loss of original document is no hindrance otherwise not to buy this property.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Dear Sir,

Yes, you can purchase the property whose original agreement is missing as you have got certified copy of agreement.

The buyer may buy the property by below mentioned process.

The process :

1, You need to check last 30 yrs documents of the property.

2, Encumbrance certificate of the property

3, Nil Encumbrance certificate, if the property is flat ( building constructed ).

4,You need to check on which name the permission was given for the construction of the building.

5.O.C certificate and its registered on which name ?

6. Then you need to check whether the land owner has published the lost documents in news paper. or not ?

7. Is the FIR field for lost documents? Its investigation report.

If you have all the docs then you can go to a lawyer to check the authenticity of the docs and take his advise. If all the docs are correct then one can approach a bank for loan. Then the bank will also check the details and sanction the loan.

Then if you feel that this is a good property then one may consider it.

Buyer should know all the above details before they buy a property. 

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

- A Sale Deed is an important legal document that conveys the ownership from seller to the buyer , so a property cannot be sold without sale deed and conveyance deed or other legal documents that declares the ownership of the property.

- Further, If anyone is selling his property without original documents on the ground that the same has been lost , may be a fraud. 

- Since, you have already obtained the certified copy of the lost agreement , and it showing ownership , and further the SBI also agreed to sanction loan , then you can proceed to purchase the same.

- It is advised , that before purchasing the said property , you should publish a Public notice in the two newspaper of Navi Mumbai , after mentioning that you are going to purchase such property from its owner , and further if anybody has any objection , please report for the same within a period of 7 days of time.

- Further, you should also take a separate decleration from the said seller , that due to lost of documents , he is not supplied you the origional agreement, and if in future , it traced , then he will handover the same to the buyer , and he will not use the same for any purposes.

 

Good luck and dont forget to rating Positively.

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

A property whose original documents were lost but a certified copy is available is ok. The certified copy is sufficient.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You can purchase the above said property. Only you have to perform one advertisements in two newspaper that property is free from encumbrance and original papers are lost, along with police station name and FIR number.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Besides the certified copy, police complaint and a public notice published in a local newspaper about the missing documents, you may even get an indemnity bond from the seller that he has not sold the property with the help of the original documents to any other person prior to selling this property to you now.

And that he will indemnify the losses if any in this regard if there is any claim to the title to the property by any other person in future.

This will provide you a safe journey.

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

1. Since the certified copy is available and SBI is ready to advance home loan the mere absence of original deed should not be a reason to not buy the property.

2. However, as a matter of abundant caution you should carry out publication of your intention to purchase the property in question in at least two newspapers to put general public on notice.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Before entering into the  agreement you issue  notice about the missing of the original agreement in news paper i.e., one in vernacular and the other in English.

You can also obtain an Indemnity from the  proposed vendor  to indemnify in case of any third  party claims through said document.

Obtain copy of  FIR which was lodged. 

You can proceed.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

there is no issue in purchasing such property you can put a publice notice stating the details of the missing agreement and also asking the people if anyone has the missing agreement than produce it within 30 days from the day of publice notice and if there is no claim then you can go for registration of the said property.

Anwar Zaidi
Advocate, Mira Bhayandar
233 Answers

If FIR is lodged, public notice issued then you can proceed with purchase of property on basis of certified copy of sale deed.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Yes you can go ahead with the purchase of property if owner have certified copy of agreement and bank is providing you home loan on that papers. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

This is my response to you:

1. Few more steps are missing;

2. The owner must also send out advertisement in newspaper inviting claims for property;

3. He must also sign an indemnity bond stating that he will be liable for any legal action if were to happen;

4. Consult a local lawyer, discuss full facts and take steps.

Gowaal Padavi
Advocate, Mumbai
1919 Answers
5 Consultations

If bank is ok, then yes

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

Dear sir, 

If the police complaint is filed and if it is published in news paper that original agreement is misplaced and if any one finds the same can return to the address furnished below , after publishing the content in newspaper if within15 days of it if the owner finds no objection from any of the person then you can purchase the property as the newspaper and complaint will suffice you to purchase!!

Ayesha Sultana
Advocate, Bangalore
280 Answers
1 Consultation

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