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Anon (NA)     13 June 2014

Documents for old property(flat) not available

My father owns a flat in Mumbai (The flat has been recently transferred in his name and Original Share certificate is available).

This is an old society (Estd. 1963) and we do not have the agreement papers. I recently approached a bank for an education loan with an intent to provide this flat as a collateral, wherein they informed me that only share certificate is not sufficient. I was asked for the property card or the agreement copy. They also asked me about conveyance, which I found from the society office to have not been done yet.

What should be the way ahead and how to obtain the necessary documents or alternatives. Please also throw some light on the approximate costs that will be incurred.



Learning

 4 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     13 June 2014

You can appy for the original documents to the Registrar of cooperative socieiteis, Maharastra. Browse iits website and contact them. 

Avinav (-N/A-)     13 June 2014

Yes, I agree with you Sir. You are required to apply in the office of the Sub-registrar. You can obtain the copy of agreement to sale and the property card also. I am not aware of the costs incurred for obtaining a duplicate of Agreement and property card.

Further for the purpose of executing a Deed of Conveyance in its absence, there is a provision of Deemed Conveyance as per the amendments made in the Cooperative Society Manual. You are required to submit an application along with the requisite fee and such other documents as prescribed in the Manual to the Registrar of Cooperative Societies and follow the further  procedure as mentioned therein. Fee for conveyance deed is Rs. 2000/-.

Attached herewith is the Housing Manual for you perusal.


Attached File : 321947987 housing manual 2012 english.pdf downloaded: 132 times

Anon (NA)     17 June 2014

Many thanks for your replies.

I paid a visit to the Collector's office and the Sub-Registrar's office. I was able to make an application for the property card and was told that I will be receiving the same in 10 days.

As far as the agreement is concerned, I have learnt from my other society members that none of the agreements were registered at that time. I learnt from the sub-registrars office the unregistered agreements cannot be retrieved. In this case, what possible course of action to be adopted to substitute the agreement copy?

Also, I found out from the collector's office that the conveyance for my society has been done, but the conveyance deed is not available with my society. Is there a way to retrieve this document without availability of any details such as the year of conveyance, etc.?

Avinav (-N/A-)     17 June 2014

If you can obtain the registration number of the conveyance deed, you will be able to obtain the same from the concerned sub-registrar's office by making an application.


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