Conveyance deed

a) A sale cannot be done without a conveyance deed.

b) The conveyance deed gives title to the person in possession of the deed. The title deed is a very important document in case of any litigation which may arise on the property 

c) The conveyance deed in never retained by the society. It will always remain with the member of the society.

d) If the property is rightfully yours, then you can apply for a certified copy of the same from the sub registrar's office under which the said property is located. This is easily done if you remember the date and year you bought the property.You may then give a public notice in the newspaper to report the loss of the original title deeds. With the certified copy you may then sell your flat.

Sir

I am a novice in Property matters. Require your kind help.

I am planning to sell my flat (12 year flat) which is in Thane in a regtd society. However, I don't seem to find my conveyance deed. My queries:

a. Can the sale be effected without the conveyance deed?ANS...YES

b. What is the importance of conveyance deed? ANS...THE FLAT OWNER GETS THE RIGHTS OVER THE LAND WRT TO THE SHARE OF THE AREA OF FLAT

c. Is the Conveyance deed, retained with the society or is it handed over to the flat owner?ANS...IT IS ONLY ONE REGISTERED DOCUMENT YOU GET THE CERTIFIED COPY FROM SUB REGISTRARS OFFICE OF YOUR AREA

d. If the deed is required, where and whom do i approach and what is the procedure?GOVT. OF MAHARASTRA HAS INTRODUCED DEEMED CONVEYANCE BILL LAST YEAR BUT LOT OF LOOPHOLES ARE THERE AFTER AMENDMENT YOUR SOCIETY WILL APPROACH TO SUB REGISTRARS OFFICE AND GET IT REGISTRED.

Please take help of a local advocate or go personally to the Thane Registrar where your property is located and apply for a certified copy of the conveyance deed of your flat. Even if you do not the date of the deed, the details of the property are adequate to find out the conveyance deed.

You do not need the original conveyance deed for selling the property but the buyer will ask for the same and in its absence may decide whether you are the owner or not of the property and then make a deal.

Society may ask to see the original deed for verification when the flat is to be transferred in a person's name but since in this case, the flat is already in your name and the new sale deed will have the name of the buyer so there is no problem.

S Jadhav

The above experts have well advised that the property can be sold without the original document.  But the problem is most of the proposed purchasers will insist to handover original document only.  Because, normally the flat owners, in requirement urgent  finance, keeps the original documents as mortgage with private money lenders and obtained loans by creating simple mortgage.  They do not reveal the matter to the purchasers.  So the purchaser doubt is cent percent right.  The purchaser may quote rate of the flat slightly low due to this loss of document. 

To avoid all these complications you have to give a police complaint that the original document has been lost, next you have to obtain Certified copy and then make a paper publication of public notice.  You should also required to give an affidavit on Rs.100 NJ stamp paper, that you have not mortgaged the original anywhere and you have not misused the document etc. Apart from the above, you have to convince the purchaser to get the full value of the property.