I dont have original docs to sale land
charu
(Querist) 01 April 2011
This query is : Resolved
Hi
my father Purchased some land 18 years back I'm only child in my family now my father and mother
was expired .I dont have any Orginal documents for that Land .Now I have True copy(Duplicate copy) given by
sub register office and Encumberance(EC) luckily no one is grabed last Claimants(CL) name is my Father name in the EC .Now I want to sale this land .
so My questions are
1) For sale Adangal/Pahani(Andhrapradesh) is required for this land to sale (I have death certificates of my parents,True copy,EC)
2)one of my friend is given sugesstion give Gift to this land to your Wife now then that document becomes Main document and my Father True copy document becomes Link copy so no need to get all certificates like Adangal/Pahani and NOC after your wife can sale that land is it correct ?
Experts plz sugest which way best for my situation
Thanks
Raj Kumar Makkad
(Expert) 01 April 2011
The suggestion given by your friend has no value in the eyes of law and it is more and more expensive and not a solution to your problem rather it is more and more complicated matter.
Even if you have no original title deed then also you can get inserted your name as owner of the land on the basis of revenue record showing the name of your father. You have to produce only death certificate of your father, your affidavit to the effect that none other than you are the legal heir of your deceased parents. Your name shall get entered in pahani and then you can deal with your land as per your whims and wishes.
R.Ramachandran
(Expert) 01 April 2011
Very well advised by Mr. Makkad.
adv. rajeev ( rajoo )
(Expert) 01 April 2011
File an application along with an affidvit before the concerned Tahasildar to get survivors certificate. After getting that certificate you file an application to enter your name to the property then after obtaining the property extract showing your name then you can sell the property.
Kirti Kar Tripathi
(Expert) 01 April 2011
The certified copy of the original document is sufficient. However, you can obtained a non encumbrance certificate from the Sub Registrar Officer. The same can be used to show to the prospective purchaser. on the basis of certified copy you can apply for mutation also.
Naresh Kudal
(Expert) 03 April 2011
not a good suggession from ur friend. certified copy of title deed is as good as original. if u wish to sell the property, it may be done by enclosing a affidavit alongwith certified copy of document and this fact may be written in new transfer deed.
malipeddi jaggarao
(Expert) 05 April 2011
I agree with the advice of Expert Mr.Rajkumar Makkad
Adv. Sunil
(Expert) 05 April 2011
Dear All,
Agreed that in case the Original deeds-documents are not traceble, Duplicate ones can come into picture but What if his father might have mortgage the documents against some Loan / Financial assistance / Monetary help given by any person or under an arrangement that the property will be sold to him in future. What is the right / remedy available to that person holding the original Deeds - Documents.
