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.
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?
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.
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
He needs to give a paper publication and indemnity bond as if any claim arises later he should indemnity you.
You can purchase the property. There shall be no legal issues for missing of original documents. Certified copies are as good as original.
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.
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.
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.
- 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.
A property whose original documents were lost but a certified copy is available is ok. The certified copy is sufficient.
Regards
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.
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.
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.
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.
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.
If FIR is lodged, public notice issued then you can proceed with purchase of property on basis of certified copy of sale deed.
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.
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.
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!!