Buying property in u.p. without original sale deed
Dhirender Wadhwa
(Querist) 11 July 2014
This query is : Resolved
the concerned property is in Ghaziabad u.p. the said property was bought by the seller in 1957, the original sale deed is missing. now the grandson and his widow mother are selling the property. they only have house tax receipts and gda approved map (map contains the name of original buyer.. the h.tax receipts were transferred in the name of buyers son and now in the name of his widow.... there are 5 other legal alive heirs to the property...
1. can the originals be traced from registry office??
2. are house tax and gda map enough proof of ownership??
3. If all seven alive heirs sign the sale deed, claiming that there is no one else.. is it advisable to buy the property..
kindly help
Advocate. Arunagiri
(Expert) 11 July 2014
I suggest you to obtain the certified copy from the registrar office and then proceed further.
Get the legal heir certificate to decide who are all having rights over the property.
Devajyoti Barman
(Expert) 11 July 2014
Make a legal search from various courts and Banks as well. An equitable mortgage may been created with the original deed. Get sure about this.
Rajendra K Goyal
(Expert) 11 July 2014
Get certified copy of the title document. Search whether the property is mortgaged or not ? May give news paper insertion.
Rajendra K Goyal
(Expert) 11 July 2014
Get certified copy of the title document. Search whether the property is mortgaged or not ? May give news paper insertion.
ajay sethi
(Expert) 11 July 2014
dont purchase the property as originals are not available
Dhirender Wadhwa
(Querist) 11 July 2014
sir, the said registry was done in 1957.. at that time ghaziabd came under meerut mandal.. after 1960/62 Ghaziabad was declared separate district... should I try for originals in registry registrar office at both places..
1. is there any chances that I might get the certified copy of registry of 1957, i.e. 57 years back.
2. or should I just leave it as adv. sethiji said
though I like to purchase the place for its location and commercial use for me.
please suggest, which option should I go for...
Guest
(Expert) 11 July 2014
If you are fond of the said property only, try for certified copy from the Registration office and then check mutation and tax records at the concerned offices for verification purposes.
Better get the registered deed signed by all the heirs.
Dhirender Wadhwa
(Querist) 11 July 2014
thanks to all the experts..
this is one place to find solutions to many legal confusions that even counsels don't explain properly...
Thanks once again
Guest
(Expert) 11 July 2014
You are welcome and thanks for appreciation also.
prabhakar singh
(Expert) 11 July 2014
If the vendors acquired title by a sale deed
they must have it unless they have loosed it or have created registered or equitable mortgage.
You should ask the vendors to report a FIR OF LOSS.
IN ADDITION ASK THEM TO OBTAIN NO DUES CERTIFICATE FROM ALL BANKS'BRANCHES IN THE LOCALITY.
GET A CERTIFICATE OF NON ENCUMBRANCE FROM THE CONCERNED REGISTERED OFFICES.
AND LET THEM OBTAIN A CERTIFIED COPY OF THE SALE DEED.
PUBLISH A PUBLIC NOTICE INVITING CLAIMS, IF ANY,WITH IN 30 DAYS IN A DAILY NEWS PAPER OF WIDE CIRCULATION.
DOING THIS ALL BEFORE BUYING WOULD MAKE YOU A GENUINE BUYER FOR VALUE.
Dr J C Vashista
(Expert) 12 July 2014
Why are you so much interested in such property?
Go for some other propety untill you have something special about this (such) property.
Raj Kumar Makkad
(Expert) 12 July 2014
It is not advised to purchase such property.
Sudhir Kumar, Advocate
(Expert) 12 July 2014
now your query is limited as to where to find registry of a particular district.
now the query is not a legal one. I this query on fact and procedure.
if you are buyer then it is not for you to get the copy.
T. Kalaiselvan, Advocate
(Expert) 12 July 2014
The property seems to be not genuine to purchase. It is surrounded by mystery especially when there are more than one legal heir, how can the property be on the name of the widow of the deceased son of the original owner? Since the property is stated to have been located in a prime location, there are chances for the property to have been sold to any other party earlier based on the original documents or atleast have been mortgaged. The mystery cannot be solved fully even after your best efforts to detect that the property has already been encumbered on some other's name, so better think it wisely and make a call accordingly.
Dhirender Wadhwa
(Querist) 13 July 2014
Thank you all experts...
I highly value your opinion and have dropped the idea, as the legal advice/ points raised by you made the sellers try to sell me new stories...
and I was already alert this time... thanks...
Guest
(Expert) 14 July 2014
U R welcome.
