I’m planning to purchase a property in Gurgaon, Haryana. The present seller has original conveyance deed of 2007 issued by the private developer who sold the built up villa in favour of the original allottee and he also has the later complete original sale deed chain. However, no original or copy of the allotment letter prior to 2007, when the conveyance deed was executed, is available. The seller says that, as per settled law and judgments, the conveyance deed , which is the crucial document of title, supersedes all previous allotments and agreements, hence no earlier document is required. The broker says he will get certified true copies of all earlier documents prior to 2007 from the private developer’s office. Also, there is no map or occupancy certificate- they say that they purchased a built up villa in 2007 from the coloniser/ private developer hence these documents are not needed. Please advise if it is fine to buy the property and if I am getting complete documents sufficient to obtain a marketable title when I sell in future. Thanks
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There is no necessity to buy the property being sold with incomplete set of documents.
The broker for the purpose of selling the property and having his commission, will tel plenty of lies in this regard,whereas the broker will not be available in case of any litigation in this regard in future.
Similarly the seller also give all that crap reasons just to sell his property, therefore you better obtain a proper legal opinion from a local experienced lawyer and proceed only if recommended.
yes pls get an indemnity bond from the same
Even if you don’t have allotment letter you have registered sale deed executed by builder .it confers clear and marketable title to property
After execution of sale deed there is no value of allotment letter. Sale deed is absolute and final document. In sale deed there must be schedule of property detailing description of property.
Although Conveyance Deed is conclusive evidence of the title of the property, however, allotment letter etc. establishes that the property was allotted in his name who have executed the conveyance deed, if there is any divergency, it can also be identified so that tomorrow any third person should not lay the claim on the subjected property. W.r.t. to map etc., you need to check with the building bye laws of your area prescribed by the local authority. In some cases, map need to filed with the authority for constructing on plot having specific size and no approval from authority will be required.
I understand that you are planning to purchase a property in Gurgaon, Haryana. The seller has the original conveyance deed of 2007, but no original or copy of the allotment letter prior to 2007. The broker says he will get certified true copies of all earlier documents from the private developer's office. There is also no map or occupancy certificate.
If you are concerned about the absence of the allotment letter, you can ask the seller to provide a letter from the private developer stating that the property has been duly allotted to the seller and that the seller has a clear title to the property. You can also ask the seller to get a certified true copy of the allotment letter from the private developer's office.
The sale deed stands as the ultimate and definitive document following its execution, rendering the allotment letter devoid of significance in terms of valuation. This sale deed, representing the conclusive transaction, holds paramount importance as it encapsulates a comprehensive schedule of the property, meticulously outlining and detailing the property's description.
You can go ahead with the purchase there is absolutely no problem.
- Since, the said seller has conveyance deed /sale deed in his name with the physical possession of the property , it means that he is a legal owner of the property and having right to sell the property.
- If the said broker undertakes to arrange the certified copy of all the missing document , then you can proceed for purchasing the same after getting all the earlier chain documents of the property.
- As per Section 124 of the Indian Contract Act of 1872, an Indemnity bond refers to an agreement between two persons or parties, where one person promises to make payment for the losses and damages of another person caused by his/her conduct or by another party.
- Hence, you can take an Indemnity bond from him with the execution of sale deed in your name.
Better you get done a title search from a local lawyer, who may verify the title by scrutinizing the chain deed.
What they are saying is right to the extent that the allotment letter merges in the conveyance/sale deed and once the conveyance/sale deed is done, all past transactions and documentation merges into it.
