• How to obtain missing chain of agreement deed

Hi,

We have a shop in Mumbai which we want to sell. But we are the fourth owner and it was purchased by us in 1990. It was built around 1975, and we don't have agreement deeds of previous two owners. What should we do to obtain the previous sale deeds. Incase we don't have the chain agreement, does that mean we wont be able to sell that shop.
Asked 3 years ago in Property Law
Religion: Hindu

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9 Answers

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

 

2) if it is lost file police  complaint about loss of originals 

 

3) apply for and obtain certified copy of documents from sub registrar office 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. You can obtain certified copies of the previous sale deed from the jurisdictional Sub Registrar's Office in which the property is situated, if it's a registered sale deed.

 

2.  Without having the chain agreement also you can sell the shop by publishing public notice in the newspapers, both in local language as well as in English.

 

Shashidhar S. Sastry
Advocate, Bangalore
5623 Answers
339 Consultations

The immovable property cannot be sold by an agreement deed neither by an unregistered sale deed.

Besides, if you have purchased the property by a registered document, you can come to know  about the previous chain documents,, hence you can demand the same from your vendor.

At the time of selling the property the prospective buyer may demand the chain documents, if you are not able to provide them then the buyer may not be willing to buy the property.

Hence you may better put pressure on your seller and obtain them or you can obtain certified copies of the chain documents from the sub registrar office, provided all the previous documents are registered sale deeds. 

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

it is advisable to contact the two previous owners and try to obtain the sale deeds from them. If they are not available or do not have the deeds, then you may need to apply to the local land registry office to obtain copies of the deeds.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You should engage a competent lawyer to examine all the documents in your possession and obtain his written opinion. You may obtain certified copies of the necessary documents from the land registry. Check the  previous and subsisting encumbrances, if any. The chain of title should be clear since 1975.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

  1. You don't require the previous sale papers. You must be having your ownership documents (the sale deed between you and the immediate previous owner) and it must be registered. There shouldn't be any encumbrances on the property and then it's sufficient for you to dispose of the property as you please (including by sale) 
  2. If you are interested in obtaining all previous records, you have to approach tehsildar for  7/12 records 

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

You can obtain it if the same is registered then you can get it in rti or certified copy 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Dear client,  

If you do not have the previous sale deeds for the shop, you may need to take certain steps to obtain them. Here are a few options:

Contact the previous owners: You may be able to contact the previous owners of the shop and request copies of the sale deeds. If you have any information about the previous owners, such as their names or contact details, you can try to locate them and request the documents.

Check with the registrar's office: The sale deeds for the shop should have been registered with the registrar's office. You can check with the registrar's office in the district where the shop is located to see if they have any records of the previous sale deeds. They may charge a fee for providing copies of the documents.

Hire a title search agency: You can hire a title search agency to conduct a search for the sale deeds. They will conduct a thorough search of the records at the registrar's office and other relevant government offices to locate the documents. They may also be able to provide other information about the property, such as any liens or encumbrances.

If you are unable to obtain the previous sale deeds, it may make it difficult to sell the property. Prospective buyers may be hesitant to purchase the property without a clear chain of ownership. In such a situation, you may need to consult with a property lawyer to explore other options, such as filing a suit for a declaration of title or obtaining title insurance. These options can help to establish a clear chain of ownership and provide protection against any claims that may arise in the future.

 

 

 

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

- Being the legal owner of the shop , you can sell the same even without having previous chains 

- However, if that purchaser wants to take loan from the bank, then the chains of property are needed. 

- You can apply before the office of the Registrar for getting the certified copy of the last chains , and the said certified copy is proper for all uses. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

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