Yes you can buy but also take indemnity bond from seller
Can I buy a property where the original documents in the name of present owner is available but previous documents and parent documents, only certificate copy available. The loss of these documents is advertised in newspaper and police non traceable certificate is also obtained. I am told that there is no issue and I can go ahead with the purchase!! Please advise. Note: EC , patta, chitta etc is clear
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Yes you can but bank may not grant laon. Take all the originals plus certified copy of previous documents.
Also tel the seller to provide you non encumbrance certificate from the origin of property.
- As per law, The Certified copy of a document can be produced in the court as evidence, without producing the original document, and such certified copy is admissible in evidence.
- Since, the original document in the name of the present owner is available , and further previous documents are in the shape of certified copies , and further , the missing of the previous documents already published in newspaper ,after lodging complaint with police , hence there will be no issue , if you go ahead to purchase the said property
- However, in the absence of the present owners original sale deed/title documents , not advisable for the same.
Good luck and dont forget to rating Positively.
Dear Sir/Madam,
You are suggested to get the documents verified from the registrar's office (as a precautionary measure) and all your doubts will be removed. Because registrar's office has all the records of transfers from one person to other.
You can purchase the property as olive complaint about loss of originals have been filed and public notice issued
however please note that banks are reluctant to give loans wherein chain of original documents are not available
Hello,
Before you go ahead with the purchase of the property, you issue public notice about your intention to purchase the same and call for objections / third party claim if any within one week from date of notice, in two news papers i.e., one in vernacular news paper and another in English.
If no objection / third party claim is received within said time as notified by you, you can proceed.
Obtain Indemnity from the seller to indemnify you in case if any claim arises with regard to said parent documents.
Retain all the link documents, police complaint, report, EC, Patta, Chitta etc.
1. you can buy the property since the advertisement/declaration in the newspaper is published in addition to police untraced report,
2. you can also ask for the indemnity bond from the seller to secure your interest
Yes you can go ahead with the purchase if lost certificate from police and newspaper advertisment for same is there. Also for your safety you can take an indemnity bond from the seller.
1. Which previous documents are you referring to?
2. If the sale deed in favour of the present owner is available in original then certified copies of documents of previous owner's sale deed, forming part of chain of title, should be sufficient in ordinary course, more so if complaint for loss has been filed with police and advertised also in newspaper.
You can obtain a history of the property through the registrar office or can go to the SDM office. Your problem will be solved.
Respected sir...
That is more than sufficient as that is certified copy and that has equivalent value to original documents further there is a police complaint regarding that ...that is also another strong evidence...
Thank you
It is not advisable to buy the property which do not have the original parent document or with missing original chain or link documents.
The current document is a created document for the purpose of sale of this property.
The seller may tell thousand things in order to push the property through sale.
What about an indemnity bond to indemnify the loss at a future stage when there arises any litigation due to this missing original document
EC, patta, chitta are not title documents.
Did you refer this matter to an advocate in the local and got his opinion
How do you confirm that this property was not mortgaged or is under litigation?
You will not able to find out the problem in this regard however an advocate who you may engage to render legal opinion may be able to locate the problems and would be a better person to advise you properly in this regard
If the seller is claiming that the present document is lost, FIR may be registered, and a paper publication regarding the loss also may be done. Thereafter a particular certified copy may be considered as original and that aspect as to be published. In addition to all it is advised to make necessary search and investigation as to find if the property is mortgaged or encumbered.
Ans: As long as the certificate copy available with you is certified by the Sub-Registrars office you may go ahead and purchase the property.
From the facts stated here, there is no risk in going ahead with the purchase, as you have taken all the necessary precautions. Please get an affidavit from the seller narrating all the relevant facts incidental to the loss of original documents and indemnifying you against any claim in future, as a measure of additional safety. Or, alternatively, all the relevant facts have to be stated in the sale deed to be executed in your name.