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Udaa (Consultant)     22 July 2013

Builder lost all his original documents

Hi,

I have finalized a Flat in Chennai, when i went through the builder parent documents myself i got to know that the Builder has lost all his original parent documents, but gave public notice in the local news paper through a Lawyer and no one has claimed and got the certified duplicate copy of the documents from the concerned Registration officer. But the builder did not file a FIR for the same. Is it advisable to go for this property, experts suggestion on this case please.

 

Thanks, Genoo



Learning

 9 Replies

2BHelpfull (Other)     22 July 2013

if the original Doc is registered .builder or his parent can get the duplicate registered copy of the Doc. from the registerar.

 

FIR must be filed as it is an important doc.

Udaa (Consultant)     22 July 2013

Hi Sir,

Thanks for your response, in this case Builder did not file a FIR, not sure the real reason. But got the Certified Copy from the registrar and gave public notice in 2 NewsPaper and no one has claimed it so far. 

I am confused whether to go for this property or not. 

Need suggestions on this please. 

Thanks

Genoo

 

2BHelpfull (Other)     22 July 2013

if u got the certificate copy with registrar Stamp on it  then it is good evidence .

 

if the property is of builder parent ,then builer parent can only sign n trf the property or there POA holder.

 

 

check ur PM inbox

Udaa (Consultant)     22 July 2013

Hi Sir,

 

Yea builder has the certified copy from the registrar but do not have a FIR for the lost documents, i had approached SBI Housing loand and they had rejected for not having the FIR. I had already paid builder partial payment for the flat, so have to take a decision now whether to go for the property or withdraw it.

 

So do you suggest to go for it eventhough builder did not file a FIR for it? 

Thanks,

Genoo

2BHelpfull (Other)     22 July 2013

check ur PM inbox .

Gerry Wilson (lawyer)     02 August 2013

Registered user can get duplicate copy from the registerar.

Udaa (Consultant)     02 August 2013

Is it okay to go without the FIR, as the builder does not have a FIR and have the Certified Copy from the registrar.

Bharatkumar (ADVOCATE )     05 August 2013

U get a certified copy of all registered doucuments from Sub-Registrar office and make a one (1) declaration from Builder for lost all original documents and they have not take any loan from any bank, institute or any person on these documents.

SRIKANTH MYLAVARAPU (SENIOR OFFICER (LEGAL))     10 August 2013

Hi

Before puchasing the property ensure to know the reason for lost of documents. As per law if any document lost, FIR has to be lodged and obtain Non Traceable certificate from the conserned Police station and Public notice has to given in two news papers (One is in regional language and another in English paper) after that JDR entry has to be passed in SRO then certificate copy is acceptable

 

We have to obtain undertaking  indemnity bond from your vendor regarding the lost of documents and regarding the lost of documents the same has to be recited in your sale deed

 

If the version of  your vendor is not genuine ot not beliveable pl. change the property and get back tour advance for the above stipulated conditions

 

if the vendor mortgages the property and deposit the originals to mortgagor and tell the above said story  it will have adverse effect on you


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