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.

You have to sell the property on as is where is basis 

2) you may not get market price of the property 

You can obtain sale deed copy papers from sub-registrar office. Since the purchased date in the year 1993. At that time mostly manually work was performed. You may get copy from that department.

1. If the sale deed through which your mother became the owner is available, then that itself will suffice.

2. In the sale deed, which is available with you, there will be narration of the flow of title and the manner in which the earlier owner got ownership of the property, including the registration date, document number, etc. Based on the above details, you can get a certified copy from the jurisdictional Sub Registrar's Office, which will be as good as the original one.

Obtain certified copy of the sale deed. Go through the contents of the sale deed and you would find the history of the property.  However, without the original sale deed you can not sell the property.  Lodge an FIR for misplacement of sale.  Even thereafter the property cannot be sold.  You have to file a suit for declaration seeking relief that your mother is owner of the property and the sale deed is genuinely misplaced and certified copy of the sale deed may be treated as original sale deed. 

It's a defective title but if you still want to go ahead you can executive indemnity bond in your favor to indemnify all the lossses in future if required

You don’t have clear and marketable title to property 

2) you need original chain of documents 

3) you can sell the property on as is where is basis 

Index II papers on your mother's name for last 28 years till date is the best document to show in the sale deed. And for Sale deed register FIR in police station as lost and give advertisement in Local and National News papers means One in English and one in local Language. And in your new sale deed take the any encumbrance responsibility if any arises in the future so buyer will be rest assured from your side.

No, if you have all mutation papers from last 28 years till date.  you can get these copies from respective revenue department, Municipal taxes etc. and FIR for sale deed and etc as stated above.

1. Since your mother is in possession of the property and has sale deed, Katha, latest tax paid receipt, mutation of your mother's name in the BBMP/Corporation/Municipal Office, she is independent to take any decision regarding the property, including selling the property to prospective buyer.

2. Your mother can go ahead and sell the property, if she desires so.

You should sell it on as is where is basis 

there should be clause that seller has satisfied himself that you have clear and marketable title to property 

Please put the advertisement in Newspapers of two leading edition one English and another local newspaper where the property proposed to be sold,citing all details of property mentioning Original documents missing/misplaced. If any one claiming over the property may contact specify details of authority who may attend whomsoever may have claim. 

After going through advertisement process, next would be sale proceedings before sub-registrar of property for stamp duty and registration of documents. 

This ends with your problem of missing Original Agreement/Documents. 

No it will not create any issues 

Take indemnity bond as stated to secure your interest in future

1. Your mother must have got a sale deed executed in her favour when she bought the property.

2. She can obtain a certified copy of the sale deed from the office of sub-registrar where the sale deed was executed.

3. The mother deed can also be obtained from sub-registrar's office.

1. Any prudent buyer will demand the mother deed of the property before agreeing to purchase the property and pay any advance.

2. You get the mother deed from sub-registrar's office.

You may have to follow the procedure for missing documents. 

You first file a complaint with the local police station about the missing document,  get your complaint registered .

After that you may have to give a public notice in two local newspapers,  one in vernacular and another in English language. 

Then you can apply for certified copy of the registration document with the sub registrar concerned. 

You first go through the registered sale deed in favor of your mother. 

You will find that how her vendor acquired this property and the document number therein.

After that you follow the procedure as suggested and proceed to get a certified copy. 

If there's no mention about about how your mother's vendor acquired this property in the registered sale deed on her name,  then this purchase itself would be under cloud. 

The alternative to this is that your mother can file a suit for declaration to declare her title valid on the basis of the registered sale deed on her name besides long possession of the property. 

- If the said property got registration , then you can get certified copy from the office of the registrar.

- Since, you already approached the registrar office, then you should print a Public notice in the news paper after mentioning that the documents are lost ,  and if anyone found the same , then that will have no value .

- Further, you can also lodge a complaint before the police for the lost of the same. 

- After doing this and in support of other documents in your possession , you can satisfy the intending buyer . 

- As per law , one has to prove the documents of 12 years only, to claim the ownership. 

- Since, you already having 45 years continuous possession documents , hence no problem will be created at the time of selling the said property. 

You need original chain of documents to confer clear and marketable title to property 

2) bank is reluctant to sanction bank loan if you don’t have original chain of documents 

1. By your narration itself, your mother, this property owner can claim for Adverse possession of the property, without having to produce the documents. The qualifying number of years for Adverse possession is 12 years, whereas your mother has been in possession of the property for 27 long years that too after getting the sale deed registered in her favour.

2. Hence there cannot be any hitch in selling the property to a prospective buyer, if at all your mother decides it that way.

3.  However, the answer has been given based on your narration only and this can't be construed as legal opinion on the property in question.

No problem. 

Please go ahead with the transaction. 

You can purchase it as stated above with the risks involved

you can apply for certified copy of mother deed 

Successive purchaser will not create any issue.

1. Look if I go to buy your property I will seek the entire chain of title from the first buyer ownwards to find out whether your title is free and marketable. Your sale deed merely shows that you are the present owner of the property, but it does not help in deciding whether your title is free and marketable.

2. Tax receipts, mutation certificate and building permit are not even documents of title.

The solution is to obtain true copy of documents from office of sub registrar and lodging FIR for lost documents.

Also give advertisment in two local news papers for loss of original documents and make affidavit for loss of documents attach copy of FIR and newspapers for obtaining copies of registration deed from office of sub registrar.

If you have sales deed available with you then you can sell the property without mother deed of property. 

No they cannot create any issues.

You saw it practically that the banks do not sanction home loan in the absence of the essential documents.

You may justify your claim but the law says otherwise.

You may not be able to sell the property if the prospective buyer insists on the mother deed?

Without mother deed, do you think that your purchase is legal?

You will find the root in the sale deed that how did the vendor acquire this property and details of her document, why don't you obtain the certified copy of the said registered mother document through the registrar?

Your adamancy   to follow the legal procedures will create suspicion in the mind of the purchaser and your intentions may be proved wrong, hence you better adopt the proper legal procedures to avoid complications of legal hassles in this regard in future.

There should be clause in sale deed with x that he has taken inspection of documents and satisfied himself about title to property 

2) sell property on as is where is basis 

3) X cannot then  hold you responsible 

No he can't as it was his duty to check everything. He can take only if sone fraud has been done in the said transaction

1. You have to inform the prospective buyer before hand that the mother deed is not available. You can sell it to a prospective buyer who is well aware  that the mother deed is not available

2. Before selling the property, it's advisable to publish a Public Notice in vernacular and English language newspapers, preventing any misuse of the mother deed by the person who is possessing it and also warning the general public not to deal with the property by any other person other than your mother.

3.  By following the above, you may not land in trouble in future.

4.  Banks will insist for mother deed. However, if publishing of public notice, etc.. are explained to the Bank authorities, the Bank may consider financing to buy the property without mother deed.

Yes the person X can take you to court for fraudulently selling the property even though it becomes his duty to verify all the documents before buying it and get fully satisfied.

He can even give a police complaint against his sellers.

Your own interpretation of law will land you in trouble.

In the absence of mother deed, it an be seen that the purchase of property itself is illegal and invalid.

Therefore the purchase of property by you earlier would be even considered as an illegal purchase.

You may realise the seriousness of the issue only when you face serious legal issues, until then you will keep arguing with your own understanding of law and then when it becomes a serious issue then you will be running behind court, lawyers and other offices of the government to somehow rectify or solve the problem by hook or crook.

 once property sold then you are not liable. 

- If you could not get the mother deed from the earlier seller , then ask him to publish the missing report in news papers after lodging a missing complaint before the police. 

- If the said seller not available , then you can do the same as i mentioned above . 

- However , you should try to get the certified copy of the remaining mother deed documents from the office of the registrar 

- Further , when you will sell the said property , then must mention in the sale agreement that you have already transferred all the earlier chain of the property , and further the buyer will not have any right to claim any property documents in future for any purposes. 

- Actually in practical life , no complete chains are need , as possession with the current title deed is enough , only some bank required the same for loan purposes. 

Yes you are right here.