• Seller didn't handover his (old )sale seed at execution of new sale deed.

I am the PURCHASER of the flat ABC I have an obligation to submit the original documents along with the VENDOR'S original(OLD)sale deed as part of the mortgage agreement between me and Bank. 

The VENDOR as per the sale deed executed on 30th DEC 2022, has an obligation to hand over all documents related to the flat ABC that he sold to me. He had given me his original (old) sale agreement, original (old) Construction agreement but he failed to handover the original (old) sale deed and he told me that it was with builder he will collect and give but next day I.e. 31st dec 2022 he calls n tells me he collected long ago but he lost the original sale deed. Which means he cheated me on the day of registration I.e. 30th Dec 2022 with his lies.

Now I don't have his old original sale deed to submit it to bank! To modify mortgage agreement bank is asking FIR copy n news paper ad. But the vendor is asking me to shoulder his carelessness and says he is out of country he can't come down from Dubai n asking me to file a complaint that I lost the old Sale Deed which I can do.

Now I feel like I have been cheated by the seller due to his lies on the registration day.

Kindly let me know what are my options, I want compensation from seller and also make him responsible for the old original sale deed he lost.
Asked 3 years ago in Property Law
Religion: Hindu

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17 Answers

This means that he knew that he didn't have it and duped you into this sale and jeopardized your chances of loan. 

Now you shouldn't file an fir as you didn't lose it. You don't have to take the responsibility. File a complaint against him for cheating and criminal breach of trust. 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

For meanwhile to complete your bank procedure first you give online FIR and two newspaper advertisement one in English and other in local language. Later apply for photo copy of sale deed in registrar office.

 

After completing above procedure than file case against seller for fraud, cheated and misrepresentation and ask for compensation in it and do mention in your petition otherwise his passport will be impounding if he couldn't compensate your money.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You need to file a suit against the vendor at the proper court through a competent lawyer for delivering the original sale deed in his name or for cancellation of the sale in your favour and refund of the sale consideration to you. Make the bank also a party to the suit.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

Issue legal notice to seller to hand over the original sale deed 

 

2) if he fails to do file police complaint of cheating against seller under section 420 of IPC 

 

3) it is responsibility of seller to make out clear and marketable title to property 

 

4) you can also file suit to set aside sale deed and seek refund of money paid by you with interest 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You seller has committed an offence of criminal breach of trust under Section 406 punishable with imprisonment up to three years. The offence  is cognizable and non bailable. You have two options.

  1. Issue him lawyer's notice seeking original sale deed. Mention that he promised to handover the same on day of registration so that he cannot claim he lost it. Warn him of criminal complaint against him, issue of LOC and extradition, as there is now extradition treaty signed between India and all gulf countries . After that file a complaint in the Court of Magistrate. A direction will be issued to police to register FIR, investigate, produce the accused through LOC, you can even get an extradition order and direction for cancellation of his passport. The proceeding my take time but you can teach him a lesson, if you can wait.
  2. Issue public notice, file FIR for loss of original. But by doing so will be taken as admission that seller has handed you original.

Ravi Shinde
Advocate, Hyderabad
5125 Answers
42 Consultations

You issue a legal notice to the seller intimating your decision to cancel the sale deed for the act of cheating done by him and demand refund of the amount paid towards consideration of sale with interest from the date of payment, failing which you can mention that you will lodge a criminal complaint against him for the offences of cheating, breach of trust and other fraudulent acts.

If he is still maintaining silence , you may give a complaint with the local police for the acts of cheating and breach of trust.

Firstly it was your fault for not obtaining a legal opinion from a lawyer before making payment towards purchase of this property, hence you may have to undergo the arduous procedures in this regard.

At any cost you do not give any complaint for the loss of original document as well as giving a paper publication in a newspaper.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

i dont think now you can do anything against the vendor and even if you do it will be an exercise in futility 

before proceeding to register the sale deed in your favour, did you even take inspection of the original title chain documents?

if you did not then you are equally responsible 

since the old sale deed is lost, it would be prudent to file the FIR since an FIR can be filed by anybody and not necessarily the vendor has to file such FIR. In this case since the property has been sold to you, you can all the more file the FIR as required by the bank

also please issue the public notices in newspapers

at the highest you can file a suit against the vendor to recover the expenses that you had to incur for filing the FIR and publishing the newspaper notice. however the cost of such suit would be far more than the money sought to be recovered

so what has happened has happened. now no use escalating the issue any further

now you have to comply with the lender's requisitions so that your loan is sanctioned. so plz spend your energy on that

i understand your ordeal and the vendor is wrong. but here the circumstances are such that doing anything is like a fait accompli

 

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

- Since a registered sale deed is executed in your name , then you are the legal and absolute owner of that property and the  property has been transferred in your name legally. 

- Further in the absence the earlier sale documents your ownership will not effected , however for taking loan all chains of last ownership are required.

- Further, as the seller has refused for the same , then you should send him a legal notice to him to handover the earlier chains of the property . 

- Further even if no response , then file a compliant before the police for missing of those papers , and further publish a notice in newspaper after mentioning that those papers are lost and if any found the same then that will not valid as the property is under your ownership. 

- Further, you can take the certified copies of those documents from the office of the registrar for submitting in the bank for getting loans. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Dear client I am sorry to hear that what is this kiss you can file a complaint against the salad for cheating and fraud

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

Here on behalf of Seller .. you perform online FIR and give Advertisement in two newspaper belongs to Delhi one in Hindi and English's newspaper.

If you assign this task to me, I will perform both the services.

 

 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You can resort to legal action against your vendor to lodge a criminal complaint for cheating you by not furnishing the original deed.

You can follow the steps suggested in my previous post in this regard.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

If the seller doesn't even want to this tiny bit then you  an do this on his behalf but take a letter of authorisation from him and state this in the police station.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Number of lawyers on this website from Bangalore having good ratings 

 

contact any of them 

 

seller should file online FIR and apply for certified copy of sale deed from sub registrar office 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Compel seller to help you, by issuing lawyer's notice. There are grave consequences for him if a complaint is filed and properly followed up. Once you file FIR, it amounts that you have received original sale deed. 

Ravi Shinde
Advocate, Hyderabad
5125 Answers
42 Consultations

- You cannot publish the notice in the name of seller without taking his consent 

- Further, as the property is already purchased by you after registering from the office of the registrar , then you can lodge a compliant against him for the offence of breach of trust and misappropriation. 

- Further, after giving details that the said chain of documents are lost or refused to handover to you , then those paper will have no legal value if somebody will try to misuse the same. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

You are free to engage a competent lawyer of your choice, either from this forum or from elsewhere.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

Yes suit for specific relief needs to be filed

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

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