• Can a property be registered if the seller does not have sale deed

Can a property be registered if original sale deed is not with the owner, but a copy of the deed acquired from the registrar is available and name of the owner is displayed in the Encumbrance certificate?
Asked 2 years ago in Property Law from Chennai, Tamil Nadu
1. It is never safe to buy a property whose original title deed is missing.
2. The seller may have taken a loan by depositing the original title deed thus creating a charge on the property for unpaid loan amount.
The original deed may have been filed in a pending civil litigation.etc.
3. If you are able to remove these types of several probabilities then and then only proceed to the purchase the said property.
Devajyoti Barman
Advocate, Kolkata
5174 Answers
54 Consultations
4.9 on 5.0
Dear Querist,

A.NO, a property cannot  be registered if original sale deed is not with the owner, but a copy of the deed acquired from the registrar is available and name of the owner is displayed in the Encumbrance certificate.

B. NO,a property cannot be bought for which original sale deed is not with the owner, but a copy of the deed acquired from the registrar is available and and name of the owner is displayed in the Encumbrance certificate.

C.best is to avoid buying such property as it will create troubles for you afterwards.

thanks.
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0
1) check whether FIR has been lodged by seller regarding missing original documents? 

2) whether public notice issued? 

3) it may be that equitable mortgage has been created by seller by depositing original title deeds ,

4) if FIR is lodged , public notice issued then you can proceed with purchase of property on basis of certified copy of sale deed . 

5)if you are getting such property at a discount then you can take the risk if you so
desire . 

6) we generally advise clients not to purchase such properties .
Ajay Sethi
Advocate, Mumbai
23145 Answers
1215 Consultations
5.0 on 5.0
1.It is suicidal to purchase a property in respect of which the seller does not have the sale deed. Unless the seller has sale deed there remains a cloud on his ownership. Purchasing such a property is riddled with the risk of being enmeshed in litigation.

2. At the time of purchasing the property one should insist on the original sale deed of the property so that due diligence may be carried out. It may later on emerge that the person who sold the property to you was not the owner thereof, which will open the flood gate to litigation at the instance of some one who claims to be having a better title to the property. Civil and criminal cases may be filed against you by the actual owner of the property if you purchase the property from the seller who does not possess the sale deed thereof. 

3. A property cannot be registered if the seller does not possess the sale deed thereof. No other deed or displaying of the name in the encumbrance certificate can take the place of the sale deed.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
Ask the seller to give in newspaper that his sake deed is lost and get an affidavit attested by notary and ask to apply for duplicate sake deed.then you can buy the same. Check encumbrance possession land tax and check in the registration office the details regarding the property.
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
1. Yes, it can be registered if the said original title deed is lost by the owner,

2. Buying of such property is very risky since you may find much later that the said original deed has been mortgaged with some Bank to take loan,

3. If the loan is not paid, the Bank will take possession of the mortgaged property and such purchase without collecting the original title deed will become invalid.
Krishna Kishore Ganguly
Advocate, Kolkata
12074 Answers
228 Consultations
5.0 on 5.0
A. In the absence of original title deed following documents need to be scrutinized from the looser side viz.,

     1. FIR or Police Complaint Endorsement and complaint copy
     2. Paper publication in local news paper
     3. Affidavit to be taken regarding actual fact

B. If sale deed registered, it can be restored by applying certified copy before the sub registrar office.

C. Usually, original title may be deposited  before the Bank while taking a  loan by executing Equitable Mortgage Deed and certified copy also permitted before the court if any litigation. Hence, ignore the possibility of litigation.

D. Therefore, check other relevant documents with relating to this title example; khatha, tax paid, title flow parent deed, mutation etc. Hence, you can obtain property by registering the Sale Deed by following above said points.
B.T. Ravi
Advocate, Bangalore
733 Answers
29 Consultations
5.0 on 5.0

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