LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Nitin   08 September 2024

Mother deed not available...

Dear All,

We are currently in the process of selling our father’s property, which was purchased in 1981. Unfortunately, we have been unable to locate the mother deed. I have made inquiries at various sub-registrar offices, but without success.

Given that we live in a colony of 30 houses, all purchased from the same seller in 1981, and none of the other owners seem to have the mother deed or GPA, could it be possible that these documents were never created or are unavailable for this entire group of properties?

Moreover, several brokers have informed us that the mother deed is essential for the sale. Is it possible to sell the property without it, considering we have resided there without any issues since 1981?

Your insights and advice would be greatly appreciated.

Thank you in advance.

Best regards,
Nitin



Learning

 7 Replies

T. Kalaiselvan, Advocate (Advocate)     08 September 2024

What do you mean by the mother deed?

Is it that you do not ahve the registered sale deed on your father's name?

If there is no registered title deed on your father's name then how did he occupy this property and what is the basis of your ownership of the property?

If there is a registered title deed on your father's name is avaliable then you can get the details of the acquisition of the property by the vendor with the details of the documents by which he owned the property,  in that case based on the basis of the details available on the registered title deed in your father's name, you can submit an application to the concerned registrar office to obtain the previous link document.

1 Like

kavksatyanarayana (subregistrar/supdt.(retired))     08 September 2024

You can apply for EC from 01.01.1981 to 31.12.1981. If the sale deed was really registered, you may find it by verifying the EC.

1 Like

Nitin   09 September 2024

Sir, Title deed is there in my fathers name.

The lawyer of the buyer is asking for the mother deed. We tried applying for the same from the sub registrars office, unfortunately none of them are able to trace it. 

Dr. J C Vashista (Advocate )     09 September 2024

If the purchase has been made through a "sale deed" or "registered "GPA" copy of the same is maintained and available with concerned / area Sub-Registrar, inspect its record and obtain duplicate copy as per rules.

However, if the property is purchased on the document of Unregistered "GPA" you may not find any record.

Is it possible that all 30 occupants do not have any record / clue about the document, as stated by you.

However, if none of the document is traceable, you will have to file a suit for declaration and permanent injunction against the vendor and general public.

1 Like

Nitin   11 September 2024

Noted sir. Thank you all for the inputs and guidance.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     12 September 2024

The lawyer of the seller is asking for the mother deed. That exactly is the problem. You may live there as long as you want to so long as no one disputes your ownership. But when you want to sell the problem comes. A buyer  will be hesitant to buy your property until  you can convince him about your title to the property.

P. Venu (Advocate)     13 September 2024

If at all there had been a mother deed, particulars would be mentioned in the deed registered title deed in your father's name. Any further suggestion depends upon the citations in the latter deed.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register