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Original property documents lost by sub registrar

(Querist) 09 October 2013 This query is : Resolved 
Hello,

Original property documents has been lost by sub registrar. they have accepted the fault also.

what will the next procedure if we want to purchase that flat.
ajay sethi (Expert) 09 October 2013
do you have documentary evidence in writing that original documents were lost by sub registrar . was police complaint filed regarding loss of documents
Rajendra K Goyal (Expert) 09 October 2013
Has the Registrar affirmed the fact in writing. Lodge FIR and receive the duplicate copy.
Hemnagi (Querist) 09 October 2013
Dear Mr. Ajay,
Deed of Declaration has been made by owner stating that
"And whereas now the flat purchasers herein want to regularize the said agreement dated 28th December, 1994 and want to pay a sufficient stamp duty and registration feed on the said agreement and the flat purchasers have come to know that the said original agreement was lodged in the office of Jt. Sub Registrar, Kurla has been lost and misplaced by the concerned authorities and therefore on compliance of the required formalities the said authorities permitted the flat purchasers herein to pay the deficit stamp duty on the deed of declaration.

Please Suggest
Hemnagi (Querist) 09 October 2013
Hello,
We have received the following documents from owner
1) Deed of Declaraion
2) Gif Deed
3) Public Notice copy
4) Share certificate in the name of owner and also the new owner (Gif deed).

Please suggest whether, these documents are sufficient to ahead to purchase that property.

Hemnagi (Querist) 10 October 2013
Please advise.
Ms.Nirmala P.Rao (Expert) 10 October 2013
Yes! Please take nil encumbrance certificate, property tax receipts etc if what you intend to purchase is an old flat. Get registered the Deed of declaration of gift in your favor along with your deed of acceptance etc
Sudhir Kumar, Advocate (Expert) 10 October 2013
nothing more to add
Rajendra K Goyal (Expert) 10 October 2013
Well advised by expert Ms.Nirmala P.Rao ji.


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