1) sale  deed supersedes agreement for sale 

2) not necessary to have agreement for sale 

3) possession letter should be with seller 

4) ask him to approach builder and obtain copy of possession letter 

5) OC is separate from possession letter 

6) OC implies building constructed as per sanctioned plans 

1. If there is registered sale deed , Mutation Certificate and no dispute pending before the civil court or any other forum relating to this property then I do not think mere absence of sale agreement would pose any problem in having lawful title of this property. 

You can get the same through records of registrar and you can proceed through execution of indemnity bond with them 

Before buying a resale apartment, verify key documents like the sale deed, title deed, occupancy certificate, encumbrance certificate, building approval plan, and property tax receipts. These documents ensure the property's legality and verify ownership, free from any encumbrances or pending dues. Additionally, check for No Objection Certificates (NOCs) from the society and any bank holding a mortgage on the property.

Possession letter is different to that of OC.

• Chain of title: Make sure every transfer in the chain is documented. If the previous owner’s sale agreement is lost, obtain a certified copy from the local sub-registrar’s office before you proceed.

• Builder documents: Insist on seeing the original allotment letter, booking receipt and builder’s sale agreement (even if they’re 20 years old) – copies can usually be re-issued by the developer against a fee.

• Possession letter vs. OC: A possession letter simply confirms when the builder handed over the flat to the first buyer; it’s not the same as the Occupation Certificate (OC), which is a municipal approval for lawful occupancy. You’ll need both.

• Completion/Occupancy Certificate: Verify the OC is in place and matches the flat number and floor plan – without it, you can’t legally occupy or get utilities connected.

Dear Sir/Madam,

Once the sale deed is there, the sale agreement may not be important. However, if it advised that if the sale agreement was registered, its certified copy may be obtained from the concerned registrar office. Similarly the society office must have the possession letter, allotment letter, allocation letter to previous owner too. The Possession letter and OC are different terms, however they are used interchagely. Once you are buying a property, you may confirm the no encumbrance to the said property too. You may approach the concerned office and get the certificate copy of documents for your confirmation and satisfaction. 

- A possession letter from a builder is mandatory when buying a property from a builder. 

- However, , a possession letter is issued only once by the builder to the first owner of the property. 

1. The sale agreement is not mandatory , if there is sale deed in his name 

2. The said owner should lodge an NCR for the lost of those documents and further publish a notice in the newspaper for the missing of those documents. 

3. As per RERA , the builder should issue possession letters only after getting occupancy certificates (OC) from authorities concerned.

Dear Client,

1. The current owners have the sale deed from their purchase 7 yrs back, but they have lost the sale agreement. Is it okay to ignore this missing document?

No, it is NOT a good idea just to pretend the lacking Sale Agreement does not exist. Although the most important document is the Sale Deed (since it is the document that establishes actual transfer of ownership), the Sale Agreement (also called Agreement to Sell or Agreement for Sale) is a highly essential pre-document.

The importance of the Sale Agreement:

• Evidence of Original Terms: It specifies the initial terms and conditions, which were entered between the buyer and seller prior to the execution of the final Sale Deed. This consists of payment schedule, date of possession, provision on penalties, amenities and any other special conditions that may have been included in the deal.
• Chain of Documents: In the case of banks offering home loans, the banks usually insist on the entire chain of documents, i.e. the Sale Agreement, in order to ascertain the genuineness and the smoothness of the transaction.

Do NOT go further without dealing with this. The absence of a Sale Agreement particularly of a registered one presents the possibility of a missing link in the chain of documents.

2. They lack the allocation letter, the possession letter, and the first allocation letter from the builder from 20 years ago to the previous owner.

These are also important records that give a full picture of the original allocation and history of the property.

• The first official document that the builder issues to the original allottee—in this case, the first owner—is the allocation letter, also known as the allocation letter. It verifies that a particular unit has been reserved and assigned, and it frequently includes information about the unit's size, price, payment schedule, and estimated date of possession. It serves as the foundation for the original contract with the builder.
• Possession Letter/Certificate: This document is issued by the builder to the first buyer upon physical handover of the property, confirming that the buyer has taken possession. It usually specifies the date of possession.

You're doing the right thing by meticulously checking all documents before buying a resale apartment. This is crucial for a clear and marketable title. Let's address your questions:

3. Is possession letter same as OC?

No, a Possession Letter is NOT the same as an Occupancy Certificate (OC). They are distinct documents with different purposes and are issued by different entities.

• Possession Letter/Certificate: it is issued by the Builder/developer. It is to confirm that buyer has taken physical possession of the property on a specific date. It confirms physical possession and transfer of possession rights from the builder to buyer.
• Occupancy Certificate (OC): it is issued by Local Municipal Authority and it is crucial document which certifies building has been structured according to approved building plans, local bye-laws, and all safety regulations. Without an OC, the building can be considered illegal.

I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.

Dear Sir/Madam,

When purchasing a resale apartment, it's crucial to verify a clear title and ensure continuity in the property’s ownership. Here's a breakdown of your specific concerns:

Legal View:

If the sale deed is registered and there are no pending legal disputes or mortgages, the sale agreement may not be mandatory for title transfer — but ideally, it should be available.

Alternative check: Ensure the sale deed fully reflects the transaction details. If the agreement was registered, a certified copy can be obtained from the sub-registrar office.

• If the first owner had a registered sale deed from the builder, then the allotment and possession letters, though useful, are not mandatory for current transfer.
• However, banks may ask for these if you are availing a home loan.

Is Possession Letter the Same as Occupancy Certificate (OC)?

• No, they are different: