Sale deed itself a title deed. What more the buyer want?. Sale deed must be registered.
We bought a 30*40 plot from government employees house building co-operative society in Mysore in the year 2002. The property was a land loser property, but back then, we were not issued with a Title Deed. We have the sale deed and all the taxes have been paid properly. Recently when we wanted to sell the property, customers asked for Title Deed, which we dont have. How to obtain it now? and the land loser is dead. What will be the charges ? The entire process was carried out by the society back then. Please guide.
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೧. Perhaps you are referring to mother deed of the property.
೨. The mother deed will be available with the Society and you can get a copy of the same from the Society.
I mean, we don't have a possession certificate in our name, but only have the certificate in the name of the Land loser. How do we get it now, if the land loser is dead.
೧. The possession over the site was given to you by the Society, after the sale deed was executed by the Society in your favour.
೨. Possession Certificate will be given by the Society to all the members, who were allotted sites, subsequent to the execution of sale deed by the Society in members' favour. If you have not yet obtained PC from the Society, please obtain the same from the Society.
1. IF you have a duly stamp duty paid & registered Sale Deed for your purchase of the property, AND "IF" the earlier land-owner is dead, THEN you can file a civil suit for "declaration decree" in the local civil court, with all related supporting documentary evidences and witnesses, by following due procedure of law.
2. Based on the declaration decree, you can apply for mutation /transfer of Title-Ownership of property in your favor in records of Society /Revenue /Municipal authorities, consequent to which the Title Deed /Mutation record certificate will be issued to you.
You have registered sale deed in your favour and it confers clear and marketable title to property
2) you have been placed in possession and are paying society maintenance and other taxes
3) you have title deed to your plot
- A Sale Deed after registeration becomes a legal proof that the titile of the property has been transferred in the name of the buyer. Hence, a Sale deed is also a Title Deed.
- You can get the Possession Certificate from the legal heir of deceased landloser.
- Otherwise, you should submit a copy of the Sale Deed with the receipt of the paid taxes to the society for getting the possession certificate in your name.
What do you mean by land loser ?
Title deed is registered sale deed through which you have purchased the property and same is possession certificate.
Did you have collected all the original property documents from seller ? previous sale deed etc ? If not than can apply for certify copy of that.
You can ask the developer to provide you with the original deed copy which he got when he acquired the property that will be the main document for you. Need to look into the document to provide proper guidance. Once sale is completed in your favour you are the land owner but developer has to provide you with the document as to how he got the land to his name.
First of all how did you get this registered sale deed executed in your favor, whether by the vendor, i.e., the previous owner directly or through the society?
On perusal of the sale deed you will find the contents that how did the vendor acquire the title to this property sold to you by giving reference of all the registered documents in this connection which is called as link document or mother deed.
You can get the original documents from the vendor by demanding the same from him by issuing a legal notice, if he is unwilling or not cooperating to return the referred documents.
The mother deed or the link documents are part of the execution of the registered sale deed hence you are very much entitled to procure them from the vendor, if the same is not available with him let him give an affidavit as well as indemnity bond indemnifying the losses in this regard in future.
First you may consult a local advocate and take his advise to proceed properly and in a right direction after producing all the relevant document in this regard, before the advocate and take his advise to proceed
Dont get confused even before posting any query here.
If you want possession letter from the previous owner, you can very well send a legal notice to him, let his legal heirs reply to the notice if he is not alive.
You can initiate necessary legal action if the legal heirs do not cooperate or refuse to comply with the demands made.
Sale Deed is the Title Deed.
Once Registered Sale Deed is obtained by paying requisite stamp duty and the same is registered it is SD.
In your case, you are in possession and also paying taxes etc.
You can contact the legal heirs of the deceased.
Dear Sir,
In such case you have to file a suit for declaration and get a decree and then sell it or claim other reliefs.
If you had purchased the property from another owner you can ask from seller legal heirs to give possession certificate.
You should apply for share certificate or mutation record updation in society which will mention your name as owner in the records.
You don't need the seller for this updation.
You can check with his legal heirs and title deed registered on your name get possession certificate from society by showing bank certificate that you have purchased the property from bank or court paying payment on behalf of land losers etc.
1. Sale deed is title deed only.
2. Possession Certificate is not required. Title originates and flows from the sale deed. The possession certificate was issued to your seller. When he sold the plot to you then a fresh possession certificate was not to be issued to you.
3. The prospective buyers are fools.