• Buyer has lost the builder buyer agreement and allotment letter

Hi . i was looking to buy a property and we found a flat we have liked. The seller is the first allottee from DLF and has the original conveyance deed and the RWA agreement. He has however lost  the builder buyer agreement , possession letter and allotment letter. He is willing to get certified true copies from DLF

In this case given the original conveyance deed is there , can one go ahead with the transaction. We checked with the RWA and his name is listed as the owner

If we buy this with the certified true copy from DLF , would it be a problem when it comes to selling this property
Asked 7 months ago in Property Law from Gurgaon, Haryana
Religion: Hindu
1) since seller has original conveyance deed and is willing to obtain certified copies of BBA, possession letter and allotment letter you can go ahead with the deal 

2) ask seller to file FIR about loss of originals and issue public notice in this regard 
Ajay Sethi
Advocate, Mumbai
23401 Answers
1230 Consultations
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No, there is no problem but first of all get the complete chain of property, either original or certified copy of the same, for security of future complications.

Nadeem Qureshi
Advocate, New Delhi
3539 Answers
131 Consultations
4.9 on 5.0
Hi, It is better you can apply the certified copies in the Sub-Registrar with respect  to the copies of the lost documents.
2. The seller has to lodge a police complaint stating that the sale deed has been lost and also make an affidavit to that effect and also make paper publication with respect to the lost documents.

3. With all the above precautions you can buy the property.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
A Builder/Buyer (Buyer Seller) Agreement is an important document while transecting to buy a property. This agreement holds all the clauses, terms and conditions and legal implications, for the buyer and the developer, should there be a default from the either sides. A builder-buyer agreement will contain all the clauses that are essential for the construction  of the flat including the fixation of carpet area, The time frame of the project
The payments terms and clauses, Interests, penalty, default charges for a buyer Approvals, sanctions, obtained  by the developer to undertake the development, Approved layout plans and drawings of the project, Title and  ownership of the project, Is the development being out sourced, Is the land clear of loans / mortgages, where the  developer proposes to undertake the development, etc. 
Therefore you can obtain the attested or certified copy of the BBA and RWA,  if the BBA has been registered you can get a certified copy for the registrar's office itself. 
You should take a legal opinion from your own lawyer before venturing into the purchase if you find some discrepancy anywhere. 
T Kalaiselvan
Advocate, Vellore
14171 Answers
128 Consultations
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The BB agreement has scrap legal value and character after the execution of conveyance deed in favour of the buyer as the title to a property flows from the conveyance deed and not BB agreement.
Ashish Davessar
Advocate, Jaipur
18266 Answers
450 Consultations
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If your due diligence records a finding of title being free and marketable then the absence of BB agreement becomes insignificant,
Ashish Davessar
Advocate, Jaipur
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450 Consultations
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first you should confirm that he is only allottee or real owner of the property. hire a local advocate and cross check conveyance deed and mutation in his favour. do inquiry from the DLF office because papers will be available in the DLF office. you should take a undertaking from him regarding lost of that documents 
Shivendra Pratap Singh
Advocate, Lucknow
2798 Answers
41 Consultations
4.9 on 5.0

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