• Perpetual deed is missing

Hi, 
i am in process of buying property in Jaipur, SFS, Mansarovar. While checking document, i realised that perpetual deed from housing board to 1st allotee is missing in chain of documents. This house has been already sold 3 times and current owner did not receive perpetual deep from previous owner. However previous owner did give a affidavit in 2002 and on that basis HDFC gave loan to current owner. My property broker says that there is process to get true copy from housing board after following due process. My question 1) is ok to buy such property if get certified copy & 2) will there be any challenge if we sell house after couple of years
Asked 4 years ago in Property Law
Religion: Hindu

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15 Answers

- Yes, you can get the certified copy of the perpetual deed from housing board , but before purchasing the property , you should get the same . otherwise in future you may trouble. 

- Further , the said seller can publish for the missing of the deed in new paper after giving a complaint for missing before the police. 

Mohammed Shahzad
Advocate, Delhi
13264 Answers
198 Consultations

5.0 on 5.0

You need original chain of documents 

 

2) if perpetual deed is missing seller ought to have filed FIR about loss of original documents 

 

3) also issued public notice about loss of original documents 

 

4) obtained certified copy from housing board 

 

5) you may not get market price for your property if original documents are missing 

Ajay Sethi
Advocate, Mumbai
94796 Answers
7551 Consultations

5.0 on 5.0

1. Yes the present owner can give a newspaper advertisement(notice) informing public of missing document and calling claims and can give you a affidavit in continuation to previous affidavit than you can buy the said property. 

2. See if the title is clear and property is sold three times there is least chance of claim even than you may ask for an indemnity bond from the seller.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

It's better you take indemnity bond in addition to it. 

Prashant Nayak
Advocate, Mumbai
31965 Answers
180 Consultations

4.1 on 5.0

1. Yes it is all ok to buy the property. 

2. No, there cannot be any challenge in future. 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

No, proceed only if you get the cerified copy. 

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

Yes a certified copy can be obtained by applying for it as it was kept with the registrar when the property was first sold. Those papers are perfectly legal.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

No problem. You may apply for certified copy of deed from the board.

Please make a more step to publish a notice in two Newspapers in Jaipur on in English daily and another local Rajasthan Newspaper issuing notice to public for misplaced Original Deed. Inviting the claim of anyone within 3 weeks to claim the title and interest in the property to authorized person of seller. 

After 3 weeks time go for registration of documents based on public notice ,certified true copy of original deed from board and title certificate from Advocate would suffice your purpose of registration of documents. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

1. The deed is the first document in the chain of title, hence of paramount importance.

2. Once you get the certified copy there will be no hassles in so far as the title is concerned as long as the title of present owner is found to be free and marketable.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Every single document in must for further sale of property and  govt banks will always create an objection. Private banks over sight such things to grant loan.

Well, certified copy with missing police complain is advisable.

 

Yogendra Singh Rajawat
Advocate, Jaipur
22656 Answers
31 Consultations

4.4 on 5.0

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.. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. A recent HC judgement states that IF the previous Sale Deed was duly Stamp Duty paid and Duly Registered by the SRO, THEN this Sale Deed becomes legally Final and there is no need for previous chain of agreements etc.... more so since it was duty of SRO to verify and satisfy and then register the latest Sale Deed.  Hence by virtue of this the previous Sale Deed is legally conclusive for all futuristic legal purposes.

2. However, you may:

a) File an RTI application to the Housing Board to obtain Certified Copy of so called "Perpetual Deed" & all other related documents of the Property.

b) Take Irrevocable Indemnify Bond from Seller party to Indemnify you against all futuristic legal disputes, claims, losses etc.... arising from and relating to the property.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

1. Yes it is okay to go ahead with purchase.

2. No there will be no issues in selling the house.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

perpetual lease is an ongoing tenure over state land in accordance with the Urban Land (Ceiling & Regulation) Act, 1976. A landholder of a perpetual lease is responsible for complying with the term of the perpetual lease deed failing which the property/land may be revoked.

This is the importance of the perpetual lease deed.

The previous buyer managed to buy and has even successfully sold the property without the said deed, so if your advocate recommends based on the circumstances, you may proceed.

The same challenge you will face like your seller is facing now if you refuse to buy in the absence of the said deed.

 

 

T Kalaiselvan
Advocate, Vellore
84997 Answers
2205 Consultations

5.0 on 5.0

Dear Sir,

There is no hassle or issue if you get the certified copy of the that chain document and then proceed further to buy the property. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

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