You need original chain of documents
2) if original sale deed is not available seller does not have clear and marketable title to property
Is a 50 year old sale deed important as part of legal verification
The apartment which we are planning to buy doesn't have the first sale deed which was made 50 years back. However we have all the other subsequent sale deeds made post that. While buying a property if we have the immediate sale deeds, will the first sale deed be of any importance. Please help. PS. The builder has already recieved the OC.
Asked 3 years ago in Property Law
Religion: Hindu
22 Answers
Some bank might ask for that sale deed in loan process.
1. In view of the clarification and judgement delivered by the Hon'ble Supreme Court in respect of amendment to the Hindu Succession Act 1956 in 2005, it has retrospective effect, wherein the partition or distribution of property through oral unregistered deeds made earlier can be challenged now for obtaining coparcenary rights for women, who were denied their rights so far.
2. Based on the above observation, one should look for women's rights in the property and/or minor's rights, etc. Hence the mother deed or the first deed for the property will be of utmost importance.
Receiving the OC by the builder is an easy job for him.
He will bribe the authorities to obtain the same even for unfinished or incompletely constructed flats.
However please remember the OC is meant for construction and not pertaining to the genuineness of the land over which the structure has been built.
You insist on the builder to provide the original mother deed of the property which is 50 years or 100 years old to verify and find the genuineness so that you can avoid litigation in future in this regard from any legal heirs of the original land owners who may claim any share in the property through court.
All connecting sale deed are necessary at the time of registration and payment of stamp duty otherwise sub-registrar office may put your registration for adjudication as per provisions of law.
The only document which we have found as part of the 50 year old sale are the Register relating of Non-Testamentory and EC. Are they done without the sale deed?
Asked 3 years ago
What is the non testamentary document?
What it describes ?
Is it related to any property transaction in this regard.
What if the EC states?
Dis you obtain a legal opinion from a local lawyer before proposing to buy this property?
Please check Khata A and B from office of Tehsildar and Dy Collector of your District/city/ town to ascertain the ownership of property in question.
As per Registration Act 1908, you need to register sale and conveyance deed compulsorily to make sure that transfer of property is valid and legally allowed to enforce it before the Court.
You need original sale deed
it is necessary to peruse entries in register to advice
Non-Testamentory has documents relating to immovable property. It's a two page document, can't really understand the handwriting. All we can read from this document are dates, amount paid , two people names and refering to some document number which was probably the sale deed as proof for obtaining the Non-Testamentory. EC also refers to the same document number as Non-Testamentory and the amount paid for it. Both the documents have the sub registrar seal. Not sure when was it taken.
Asked 3 years ago
1. Well if the 50 years old deed was registered then it can be available in the form of its certified copy from the local Registration office. If its bot available and all other subsequent deeds are in order then it can be ignored.
2. However to ignore such deed you need proper search and due diligence report from the local advocate.
3. Take an opinion from an advocate finally after showing him all papers.
Get documents vetted by local lawyer
You better obtain a certified copy of the said document from the registrar's office and give it to a document writer having experience in such aspects.
He would read it out for you.
If it is done without sale deed then go for due diligence and title search of the property before you purchase it.
Some time a flat,plot and an apartment is sold to multiple people. Therefore before you purchase the property Please conduct due diligence and title search of seller to protect your title and possession in question.
Title search is the best solution.
If the documents mention the title of ownership for related property for consideration paid by the buyer to seller. This is sale deed and transfer of ownership performed. In old days people were good that's why in one simple line transaction could take place. Now days we have to entered so many clauses, terms and conditions, liability of seller etc.
Apply for a certified copy of the previous sale deed by applying before the registrar.
You can obtain a sale deed certified copy.
That document was registered with the registrar and hence a certified copy can be obtained from the registrar office. Proceed accordingly.
- Only on the Sale deed , a property title is decided.
- Hence, there is no sale deed during the period of 50 years , then the genuineness of the property cannot be ascertained.
- However, you can check the details of that property from the office of the registrar, and if found there then you can take the certified copy of the same from the office of the registrar.
- Since the said documents are very confusing , then you should take help of any local lawyer for tracing the genuineness
Dear Sir/Madam,
It is suggested that you may get the certified copy said sale deed from the registrar's office by due application and payment of the fees.
Generally all original link documents for last 30 years are required.. if you are investing your hard earned money, then better ask for all original documents for last 30 years.
That should be sufficient
50 years old saled deed will not be important for purpose of legal verification because legal verification is done for transactions done in last 30 years.
You need to know but there is lot of risk involved but only being owners it will be more successful
