• Regarding purchase of property


i am buy one property in chennai sub urban area,, the area of the land is 2160 sft.., the owner bought the propertythrough one co operative socicety in 1979 and construct one small house near about450 sft.., 

now the owner expired on 1994 and the have five childs (all are senior citizen and all is live)

unfortunely they missed the orginal lease cum sale document missing inthe time after owner of the property death..,

now the legal heir of the sons and daughter want to sell to me..,

i check with ec and all they are no entry after 1979..,

i collect the lease cum sale agreement copy and document copy..,

i well known the seller family.., 
they also pay the eb, tax and others in fatehr name still..,

shall i go the nextstep what is the procdure of the pakka sale deed for me.., and 

this legal hiers is eligible for the owners an dthe pprty eligible for loan and others 

pls advice to me
Asked 3 years ago in Property Law from Chennai, Tamil Nadu
Religion: Hindu
1) if original lease cum sale deed document is missing has any police complaint being lodged? 

2) was public notice issued of loss of originals 

3) do you have certified copy from sub registrar office 

4) on demise of owner has property been mutated in name of legal heirs 

5) contact a local lawyer . he will drfat the sale deed for purchase of property . 

6)you can approach bank for sanction of loan for purchase of property on the basis of documents in your possession . bank will do due diligence before sanction of loan 
Ajay Sethi
Advocate, Mumbai
46678 Answers
2762 Consultations

5.0 on 5.0

1. You should obtain a copy of the sale deed from the office of the registrar to ascertain whether the antecedent title is clear and marketable.

2. Engage a lawyer to find out whether there is any litigation with respect to the property you wish to purchase. 

3. If you get a green signal from your lawyer you may go ahead and purchase the property.
Ashish Davessar
Advocate, Jaipur
23097 Answers
639 Consultations

5.0 on 5.0

Hi, lodge a police Complaint for missing of the Original Sale Deed from jurisdictional Police Station and thereafter make a paper publications in two leading news paper.

2. Thereafter you can proceed with the transaction.
Pradeep Bharathipura
Advocate, Bangalore
4561 Answers
204 Consultations

4.5 on 5.0

Yes the property seems to be safe to buy. Still get all the connected documents verified by a local lawyer.
Devajyoti Barman
Advocate, Kolkata
13128 Answers
174 Consultations

5.0 on 5.0

Since you have collected the certified copy of lease-cum-sale deed from the Sub-Registrar's Office and also you have checked the EC and found the property as unecumbered and also you say that you know the family of the seller, nothing prevents you from going ahead in the transaction. However take legal opinion on the property from a local lawyer, before proceeding further.
Shashidhar S. Sastry
Advocate, Bangalore
1648 Answers
109 Consultations

5.0 on 5.0

It is a leasehold property and only sale agreement had been registered, the sale deed will be registered only after conversion to freehold.  They have to get it converted from the society.  Though you know the family members very well and they are all good people and there can be no suspicion about the property, but still without a sale deed with the vendors, you cannot get a sale deed executed in your favor because they do not have title to the property proposed to sell to the prospective purchaser.  You will land up in trouble when yo would go for reselling it. 
T Kalaiselvan
Advocate, Vellore
36851 Answers
403 Consultations

5.0 on 5.0

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