Property paper lost by builder
Two pages of Registered sale agreement is lost by Builder.
What is the correct procedure to obtain those two pages?
I want to ensure that there should not be any issue in case I want to sell and buyer wants to take home lone in future.
Builder has informed me that he will issue an "indemnity bond" indicating that paper is lost by builder and will inform to customer in case builder found them.
I asked him to lodge complaint in police station but he informed me that it is not required?
Can some one please direct me the right procedure?
Asked 8 months ago in Property Law from Pune, Maharashtra
1) if original is lost by builder police complaint is necessary
2) also public notice is required
3) obtain certified copy of lost pages from sub registrar office
4) mere indemnity bond is not sufficent
First ask him to produce the certified copy o the registered sale agreement document.
Then ask him to indemnify against the future losses or damages in this regard if somebody is claiming the property on the basis of the retrieved documents now reported to have been lost.
A police complaint is very much essential especially when the original document is reported to have been lost.
Other issues can be decided based on the prevailing circumstance.
Consult a local advocate for further issues on the subject.
Builder's Advocate informed me that since the misplaced pages had only ID proof of mine and advocate ,the police complaint and public notice is not required, please advise.
Asked 8 months ago
If only Id proof of advocate was in misplaced pages police complaint may not be required
Whether the information in the missing papers is vital or not since it becomes a part of the document which is relied upon for the purchase of the property, what is he going to lose in fulfilling the requisite formality?
Ask him to comply with the requirement without fail.
If the agreement is registered then a certified copy of the same can be obtained from the office of sub-registrar. If it is not registered then he should inevitably lodge a police complaint for its loss, failing which his bona fides become tainted.