Loss of sale deed

Querist : Anonymous (Querist) 04 April 2020 This query is : Resolved
In a chain of documents of a flat, there is four sale deed.
1. Builder to first owner which was registered, but the same is missing, however, it can be seen in the Maharashtra Govt portal. Xerox copy available
2. First owner to the second owner, the agreement is not available (missing)
3. Second owner to third owner agreement is available but it is not registered
4. Third owner to the fourth owner agreement is available and is registered
The Share certificate issued by the society is available with the endorsement of the present owner (fourth) in it.
It has become difficult to sell the property in the absence of the missing documents. What is the remedy for the above issues?

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Raj Kumar Makkad (Expert) 04 April 2020
Obtain the same from the office of the sub-registrar of the area. You may take the services of a lawyer also for this purpose. Society is also expected to retain the copies of the subsequent sale-deeds so you may obtain the reference from the society office also so that you may get the copies of the registered sale-deeds in chain.

There is no requirement of the sale-agreements because the same merge in the registered sale-deed. Sale agreement loose its relevance on the day of the execution and subsequent registration of the sale-deed.

kavksatyanarayana (Expert) 04 April 2020
As per me, obtain EC for a period of 30 years from the Sub Registrar office concerned. Then you can find the transactions done from builder to 1st owner, 1st to 2nd, 2nd to 3rd, 3rd to 4th owners. and find wanted documents and apply for a copy of the same from the SRO concerned.

KISHAN DUTT KALASKAR (Expert) 04 April 2020
Dear Sir,
You may apply and take connecting documents like Encumbrance Certificate for the last 30 years and all available certified sale deeds which will considered as secondary evidence and it is valid evidence.

Dr J C Vashista (Expert) 05 April 2020
If you have photostat copy of the 1st sale deed, apply and obtain "True Copy" from concerned sub-registrar.
The agreement to sell expires with registration of 2nd sale deed, consequently it has become infructous and irrelevant.
Sale transaction between Second to third and third to fourth person (vendee) is incomplete, wherein only agreement to sell is stated to have been executed but sale deed is yet to be registered .

Dr J C Vashista (Expert) 05 April 2020
It is advisable to consult a local prudent lawyer for appreciation of facts / documents, professional guidance and necessary proceeding.

Dr J C Vashista (Expert) 05 April 2020
Prima facie it is a time pass hypothetical story posted by an "Anonymous" author.

Rajendra K Goyal (Expert) 05 April 2020
Obtain true copy of the missing sale deed from the SRO office if possible.

It is risky not to have full chain of documents.

If not possible to have complete chain, consult local lawyer.

Hemant Agarwal (Expert) 06 April 2020
1. Legally, as per a recent Mumbai HC judgment, the last duly Stamp Duty paid & Registered Sale Deed, is Final & Conclusive, for all legitimate purposes, without the need for earlier Chain of Agreements.

2. The Fourth seller should get a "Police Report" for the earlier Sale Deeds, stating facts, that it is lost /misplaced /stolen /whatever....

3. Fourth seller should ISSUE proper Public Notice in two local Newspapers, thru a registered Advocate.

4. Fourth seller should Execute a "Irrevocable Indemnity Bond", in favor of Buyer-party, indemnifying buyer against ANY & ALL losses /claims /whatever...., of any kind whatsoever & which-so-ever.

5. Armed with above documents & other existing available society documents, execute proper Sale Deed. PERIOD.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Raj Kumar Makkad (Expert) 06 April 2020
Mr. Hemant! The author has not disclosed the property is situated in Mumbai which is also reflected from his necessity to have the old documents so citing the provisions as prevalent in Mumbai shall not serve the purpose.

Querist : Anonymous (Querist) 06 April 2020
Thanks for the prompt reply given on the issue. I had a prospective buyer for the property who wished to avail loan from HDFC bank. However, due to absence of chain of documents, they refused to sanction the loan to him. However, as per the advice given above by the experts will try to approach a local advocate and process the matter further. Thanks again for the advice.

Raj Kumar Makkad (Expert) 07 April 2020
You are always welcome Mr. author at any time of your legal need.

T. Kalaiselvan, Advocate (Expert) 07 April 2020
There is something fishy about this.
The builder sold the proeprty to first owner by a registered sale deed, you can however obtain a certified copy of it from the registrar's office.
But what about the missing sale deed executed by first owner to the second owner?
The sale agreement that too unregistered sale agreement from second to third owner is not a valid document and cannot transfer title to the buyer.
When the third owner did not acquire the title to the property at all then the execution of registered sale deed by the third owner to the fourth one is legally not a valid sale.
A person cannot his property when he is not having clear and marketable title to the property.
If you are the buyer then it is advised not to buy the property.
If you are the seller then you may have to get registered ratification deed from second seller to the third seller, besides you may have to get the matter of missing documents published in the local newspaper as well as to lodge a complaint with the local police.
It is a lengthy procedure hence better consult a local advocate and get his suggestions to set right the things.

Rajendra K Goyal (Expert) 07 April 2020
If no registered sale deed was executed by any of the previous owner in the chain, clear title has not been passed to you. Intention of sale agreement is not a registered sale deed, the gap should be rectified.
Take help of local lawyer.

Hemant Agarwal (Expert) 07 April 2020
Kind Attention: Shri Raj Kumar Makkad

1. The query relates to property in Maharashtra.

2. The Mumbai HC judgment relates to Stamp Duty Act and Registration Act, which is applicable to Maharashtra (and not only to Mumbai).

3. Apprehensively, "ARE YOU" trying to say that Mumbai court judgments are not applicable elsewhere in Maharashtra ????

4. I have given the most logical solution to the Queriest, which is in vogue, in my City (Mumbai).

note: I prefer to give out doable solutions to aggrieved /troubled people. I'm least bothered whether it is logical or crooked, as long it is within the legal framework.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Raj Kumar Makkad (Expert) 07 April 2020
Kind Attention of Mr. Aggarwal! Thanks for correcting me. The property belongs to Maharashtra. I missed this line from the facts posted by the author. None can deny that the Act of Maharashtra is applicable not only in Mumbai but in the entire State of Maharashtra and its judgment stands applicable for all similarly situated situations.

Again thanks for correcting me.

Rajendra K Goyal (Expert) 08 April 2020
It is greatness, sportsman spirit, good and appreciable step to correct and accept the mistake done unknowingly.

It is an example / guide for me / us and for all. SADHUWAD.

Hemant Agarwal (Expert) 08 April 2020
NO HARD FEELINGS .... Nothing Personal, to the exception of the fact that my family name is "AGARWAL" without the extra "G" as in "AGGARWAL", which is specifically more prevalent in Delhi & Punjab, though all "agarwal's" originate and are descendants, from the same "AGRASEN" clan.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

N. Sivaprakash, Chennai 984099 (Expert) 08 April 2020
Apply for the Encumbrance Certificate for the property. Get certified copies of the documents and proceed for the purchase.

Raj Kumar Makkad (Expert) 08 April 2020
Mr. Hemant! My origination is some 50 Kms. from Agroha, the origination of all Agarwals/Aggarwals and in my area, all descendants of Aggarsain/Agarsain ji are designated as Aggarwals so I wrote accordingly.

Rajendra K Goyal (Expert) 09 April 2020
Not connected with the query.

Generally we use Aggarwal spelling in our area, correctly pointed out by Hemanr Agarwal in his post.