• Certified copy of Sale Deed

Incase Someone gets the Sale deed Certified Copy of my flat, which could be easily available, in such circumstances what kind of fraud can the person do , can he sell my flat to someone by fraud or can he take a bank loan
Asked 1 year ago in Property Law
Religion: Hindu

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12 Answers

bank would not grant home loan only on basis of copy of sale deed 

 

similarly purchaser will not buy flat on basis of copy of sale  deed 

 

if original documents have been lost you have to file FIR about loss of original documents 

 

issue public notice about loss of original documents 

apply for certified copy of sale deed 

Ajay Sethi
Advocate, Mumbai
94731 Answers
7536 Consultations

5.0 on 5.0

Buyer will check whether FIR about loss of certified copy of sale deed has been filed whether public notice issued and would insist on indemnity clause in sale deed to indemnify him in case any third party claims are made 

 

then only purchase the property or grant loan 

Ajay Sethi
Advocate, Mumbai
94731 Answers
7536 Consultations

5.0 on 5.0

1. Lodge a missing complaint in the jurisdictional Police station regarding loss of certified copy of your sale deed.

2.  Publish a Public Notice in the local and English language newspapers intimating the loss/missing of certified copy and caution the general Public, Banks, Financial Institutions,not to deal with the property by virtue of the lost certified copy of sale deed and inspire of this public notice, if someone deals with the property, such a person will not get cLear title to the property.

Shashidhar S. Sastry
Advocate, Bangalore
5117 Answers
314 Consultations

5.0 on 5.0

No loan can be created on Certified copy of sale deed.

Likewise property cannot be sold on the basis of certified copy.

However, be alert and do not show original sale deed to anyone in any circumstances. 

Dalip Singh
Advocate, New Delhi
1084 Answers
36 Consultations

5.0 on 5.0

Sale of property cannot be done by a third person just on the basis of the certified copy of the registration document obtained from the registrar's office.

The banks or NBFCs also cannot grant loan to the person possessing the copy of the registered documents pertaining to the property.

The title to the property  would be properly verified and only after a legal opinion would the bank be inclined to sanction loan.

 

T Kalaiselvan
Advocate, Vellore
84932 Answers
2197 Consultations

5.0 on 5.0

If you are scared about the imagined dangers by losing the copy of the document,. you can issue a public notice in any local newspaper stating that you have lost the copy of the registration document and that you will not be responsible or liable if any miscreant is misusing the document for any high handed criminal activity.

This will save you from any such losses you apprehend in future.

 

T Kalaiselvan
Advocate, Vellore
84932 Answers
2197 Consultations

5.0 on 5.0

1. Ordinarily, equitable mortgage can not be created  for taking Bank Loan by submitting certified copy of the Title Deed. Original Title Deed shall have to be deposited.

 

2. However, any fraud star can convince any innocent buyer and sell the property based on the said certified copy of  sale deed convincing him that he has lost the original Title Deed. In such case he shall file a police lostb diary and publish the same in News Papers. 

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

1. You are now required to lodge a missing diary and make a publication in local News Papers, one being in vernacular.

 

2. Anybody can obtain certified copy of your title deed from the Registrar. So, your loosing the same does not add any additional risk in this regard.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

Dear client,  A certified copy can be used in place of the original deed to execute the transfer or sale or for any other purpose. Therefore certified copy of the sale deed can be misused by other person.

Anik Miu
Advocate, Bangalore
8883 Answers
110 Consultations

4.7 on 5.0

He can sell but generally people with not buy the house on certified copy. And how he can sell if he is not the owner

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

No prudent buyer or lender will normally act on a certified copy of the sale deed without verifying all the prior title documents and without the original. 

Swaminathan Neelakantan
Advocate, Coimbatore
2797 Answers
20 Consultations

4.9 on 5.0

- As per law, a certified copy in the absence of original can be admitted in evidence under certain circumstances. 

-  Further, the property can be also sold after the formality of publishing a notice in the newspaper for the lost of original 

- Further, a bank never sanction loan only on the basis of a certified copy. 

- Further, if you having original of sale deed with you , then none can harm you only after getting the Certified copy

- However, you can publish a notice in the newspaper for the lost of said certified copy. 

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

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