No development (Service) 22 May 2010

Lost Deed of Apartment of Flat

Dear Experts,

My father and I are first-hand co-owners of a 1 BHK flat for the 5+ years, which we are now trying to sell. This was a non-loan (down-payment) purchase, and we have not mortgaged this flat, so all documents are with us. The buildings have been registered as "Apartments" and not "Society", so each individual flat has a Deed of Apartment in addition to the other legal documents. All other documents are in order, except "Deed of Apartment", which we have lost during travelling somewhere. We have also lodged an FIR for the same and issued a public notice regarding it. Will there be any problem for loans if the buyer wants to take a loan on the said property? if yes, pls advise a SOLUTION for the same. (One bank has refused, because this original document is missing.)

Sincerely, Nived

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4 Replies

Adv. G. A. Gagdani (ADVOCATE AND LEGAL CONSULTANT) 22 May 2010

deed of appartment if registered will be available with registrar as registrar can provide certified copy of the same.

No development (Service) 22 May 2010

Dear Mr. Gagdani,

Thank you, for your early reply. I have already obtained a "certified copy" of the said document from the sub-registrar's office (sealed, stamped, and signed), which has been refused by the bank for processing loan, as they say they work in "equitable mortgage" and thus the "certified copy" does not hold any value in their records. (and I quote: "Yeh to koi bhi jaa ke nikaal sakta hai"). Kindly advise.

Regards, Nived

Paresh More (s/w Engg) 27 January 2012

Mr Nived,

How did you resolved ur issue, actaully i m facing same problem.

Regards

Paresh More

pareshmore@gmail.com

Sachin (Asst Manager) 12 March 2021

Hello

I am going to purchase a property in which this document is missing, can you please help me how you have resolved the matter with the Bank using Certified copy. Please help me

Sachin Nale