I have purchased one flat in the year 2011. While purchasing flat the owner told me that he lost builder documents (Sales deed with builder).He is the first owner. After that i asked the seller to give me the police complaint copy(FIR). He provided the police complaint copy which is done by her husband in their local police station. and also i did indemnity bond (Which is register in sub registrar office) with seller. And He provided me Attested copy of sales deed provided by sub registrar and Original registration receipts of that Sales Deed.
Bank also did the search report and approved the loan.
Even Society also transferred me the flat (Share Certificate, NOC copy,) etc.
I just like to know whether any problem will arise in the future. AND what additional precaution to be taken.
Asked in Property Law from Mumbai, Maharashtra
1) you have taken all the precautions required .
2) seller has filed FIr , informed society , obtained certified copy of sale deed from sub regsitrar office
3) it would have been better if public notice was issued before purchase of flat
4) in any case seller has given you indemnity bond to indemnify you in case any claims are made for property . it would protect you in case any claims are made
1) There is no need to be concerned as you have followed procedures in legally complying with the requirements in the given circumstances.
2) The only possible problem can arise when you want to sell it to someone again. For absence of the original sale deed from the builder you may have to do a lot of convincing to the prospective buyer.
3) In the present circumstances you don't need to initiate any legal steps. Ensure that all documents you have in relation to the notice of loss of the original sale deed must be in safe keeping with sufficient back up.
Hi, It is better you can also make paper publication to that effect in the two leading News paper.
From your narration it can be seen that your vendor has taken proper action as per law in this situation.
if the bank has sanctioned loan against this certified copy of the title document, you need not worry about its authenticity.
However you can give a paper publication in any popular local newspaper about your intention to bu this property and if anyone has any objection or has the original title deed with them may produce the same within the stipulated date as mentioned in the said publication after which you can safely travel with the copy of the title document.
You have done what ought to have been done. Most likely there may not be a problem but nobody can vouch that tomorrow there will be no one claiming to possess a title better than your title.
After lodging the police complaint, it is necessary to take out a paper publication intimating the general public of the Loss of the Original documents.
If this is done, this would be sufficient.
file an application before sub-registrar and get the certified copy of the sale deed which was executed between the owner and builder it will be better for future, when you want to sell the flat then the purchaser will also need the same.
Feel Free to call
Advocate, New Delhi
don't worry certified copy of the document is also admissible in evidence and it is conduct of the seller out of the FIR that original sale deed has lost. under section 65 of the evidence act secondary evidence is admissible if original has lost or destroyed.