Can we buy plot without mother deed
I am planning to buy a plot. Actually the plot size is 60*40 site. it was sold to brother and sister latter it was partitioned between brother and sister as 30* 40 each. Now i am planning to buy 30*40 site from brother. Now they are telling they can give all original documents except the mother deed where it was sold to first person from society because since they have one part of total plot.
Is it safe to buy the plot with out mother deed. will banks provide home loan in such cases
Asked 2 years ago in Property Law from Bangalore, Karnataka
You can obtain the photocopy of the mother deed and the original partition deed (which should have been made in two originals) and on the basis of the mother deed ( a mention about this in the sale deed to be executed to you) and the partition deed the sale deed may be executed and registered in your favor.
To be doubly confirmed and cleared of all doubts, it is always advisable to obtain a legal opinion from a local lawyer before making advance and getting the property registered on your name.
Since the original mother deed contains the whole land the same is not likely to be delivered to you at the time fo your purchase.
However you are not going to lose anything out of this.
While buying this land do ensure that the sister gives a NOC since her land being contiguous to the land you are going to purchase she may later file suit of preemtion.
1) who has possession of th original mother deed
2)there must be clause in the sale deed that original seller or person. In possession would offer inspection of mother deed as and when called for
3) also obtain certified copy of mother red from sub registrar office
4) contact local lawyer . If title is clear and marketable then only purchase property
Dear Sir/Madam, at least you have to take the certified copy of the said mother deed along with other relevant documents from your brother/vendor. It is safer side in all manner.