Sale Deed
Mohamed
(Querist) 19 May 2010
This query is : Resolved
Hi,
I Purchased a site in Thanisandra (Bangalore)and unfortunately i did not verify/collect all the required Documents since the seller happened to be a known and a very respectable person in the locality. we just went by his words and he was the GPA Holder and had assured us that he would call up the first party during registration. he kept his word and the day of registration he said that the first party does not have the "SALE DEED" as he did not collect the same from Sub Registrar since he was moved to different place and as result the Government Burnt the original sale deed and he gave us a "CERTIFIED COPY" and a letter from subregistrar office mentioning some IPC Section (i'm in office now and dont remember it exactly) since it was not collected it's been burnt and this copy is same as "SALE DEED". Can you please assist me how should i proceed incase if i want to sell this property in future.
Appreciate your response very much.
Kind Regards,
Mohamed
B K Raghavendra Rao
(Expert) 19 May 2010
Unless you have the original documents, it is not advisable to buy the property. Here, in the instant case, you obtain Encumbrance Certificate covering the period of 13 years prior to the date of your purchasing the current property. However, even now you may collect the earlier documents and proceed to sell the property.
Your sale deed, khata certificate and khata extract standing in your name, receipts for having paid property taxes by you, encumbrance certificate reflecting your sale transaction should be sufficient to establish your title and sell the property.
Mohamed
(Querist) 20 May 2010
Hi B K Raghavendra Rao,
Trust you are doing fine.
Appreciate your prompt reply. i've taken Encumbrance Certificate for the last 15 years and verified it and it's correct. but i'm still confused does the Government burns the "Sale Deed" if incase we dont collect it within 2 years is this true ? there is no way we can get back from any source ?
let me Scan the paper and i'll send it to you tomorrow and Thanks very much for your time .
Kind Regards,
Mohamed
9341259962
Guest
(Expert) 22 May 2010
Other than 'Will' registrar office can destroy the un-collected deeds after certain period. Hence, the contention of the seller may be true. To protect your interest, you can ask him to render an Affidavit (duly notarised) to this effect. Further, you may also publish a public notice through an Advocate in the local newspapers regarding the purchase of the property mentioning the above facts (ie., bought without the original sale deed) and seek objection from anyone who has interest in the property, if any.
Mohamed
(Querist) 25 May 2010
Hi,
Please refer attached document for your reference which I got it from Sub Registrar office acknowledging that they have destroyed the documents (Sale Deed) since it was not collected.
Do let me know incase if you need any additional information.
I truly appreciate your help.
Kind Regards,
Mohamed
9341259962
