Original sale deed not traceable
Santanu Bhaumik
(Querist) 14 May 2013
This query is : Resolved
Hello, I need advise on this issue. I bought a flat in Kolkata around 2003. As per the process , I was told, I did an agreement with builder. Basis that agreement I availed home loan from HDFC. The registration of the property happened later in 2006. I stay in Mumbai. I was informed to collect my deed from a lawyer in Kolkata which I did. Subsequently I repaid my home loan and got back my original agreement with builder and NOC from HDFC. Now when I am placing to sell the property, I am discovering that the deed I collected from the lawyer is an ORIGINAL CERTIFIED COPY. The prospective buyer is asking for ORIGINAL DEED. In short, I have the original agreement copy and the Original Certified Copy of the deed. Please advise what can I do to sell my property without any issue.
Devajyoti Barman
(Expert) 15 May 2013
Since you tool loan from HDFC the deed must have been mortgaged with it. Talk to the Bank officials.
ajay sethi
(Expert) 15 May 2013
when you deposit original documents with bank it gives you list of originals deposited with it . when bank retruned original documents did you verify whether all orginal documents were returned as per list .
Santanu Bhaumik
(Querist) 15 May 2013
Sir (s), Many thanks you for your reply. Let me explain, the "original deed" was done 3 years after the bank loan became operational. Hence I had no clue how that could go to bank; it did not go thru me at least. I have done a check with Bank also and they have replied that they never got the original deed hence no question of returning to me, and I tend to believe them. Now the question is how could Bank give me a loan without an original deed! I don't know the answer. Probably that was the norm in Kolkata that time as registration used to happen years after the sale. So the question is where the original deed has gone. One small hope is that (as per the builder) is that it may be lying with their appointed lawyer and I need to check that out. However, my question to you was more towards in case the original deed cannot be located, how can I sell the flat to a buyer who is looking for a bank loan. I have the original certified copy, the original sale agreement; if I do FIR and insert advertisements and indemnify the buyer through an affidavit, will that suffice for a bank loan for the buyer? I checked with LICHFL and as per the representative, this kind of thing happens and they provide loan on such genuine cases. Thanks a lot.
ajay sethi
(Expert) 15 May 2013
anyhow now your problem is solved but follow up with the builder and ty to trace the originals .
R.K Nanda
(Expert) 15 May 2013
no more to add.
Advocate Ravinder
(Expert) 19 May 2013
Dont worry the original sale deed will be in the possession of HDFC. By mistake they have handed over you the certified copy instead of original. I am sure that at the time of sanctioning loan, the HDFC people will come to the sub registrar office and pay the balance amount(in respect of Agreement of sale) to the vendor (flat owner) and retains the original with them untill all the instalments are paid. Please check up with HDFC bank only.
