Kalavathi (Associate) 25 October 2018

Original sale deed is missing

Hi,

We are planning to buy a property, the seller has lost the original sale deed. However, the seller has the Police complaint, News paper post, Affidavit and Certified true copy of Sale deed. Also, the EC is displaying the seller name as on date.

Please help on the Risks involved and precautionery meeasures to be taken to safeguard buyer.

Thanks

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3 Replies

Dr J C Vashista (Advocate) 26 October 2018

Show the title document (produced by vendor) to a local prudent lawyer before finalisation of transaction.

A. A. JOSE (LAWYER; LEGAL ADVISER/CONSULTANT& TRAINER) 26 October 2018

With the copy of the Sale Deed available with the Seller, he may approach the Registrar concerned through a local Lawyer and get a certified copy of the original document and that may serve your purpose.

manoj 27 October 2018

when original sale deed is lost, give paper publication in the local paper for objections, when vendor is providing police report. It is my advise there is no risk when encumbrance reflects no alienation by your vendor even for mortgage. But my suggestion also you should consider. If he take a personal loan from private parties by fledging the original documents from the borrower, in this situation you have to face the risk. it is my opinion.

V E MANOJ KUMAR

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