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Subrahmanyam (Individual)     15 September 2012

One paper lost in house registration documents

Hi all,

I am new to this forum and this is my first post. I own a house which I had purchased from another person in 2007. Now I wanted to sell it. One party has agreed to buy it and paid half of the total money.

Unfortunately one day before the registration we had noticed that one paper (4th paper Annexure I A) is missing out of the 8 papers in my registration documents. I think we missed it when we went for xerox shop.

Now the Vendee has raised objection and he is saying that we to re-register our house or go for GPA. We went to registration office and in their office documents the missing document is present. Please advice me what should I do in this scenario.

Thanks,

N.V.Subrahmanyam



Learning

 5 Replies

ADVOCATE Prem Joshi (Advocate/ Legal Consultant)     15 September 2012

Write the application to the registrar and request him to provide the certified copy of that missing paper or take the help of advocate.

Mahendra Kumar.B (Advocate)     15 September 2012

Get the Certified copy of the Document and execute an Affidavit in favour of the purhcaser sworning that the executant have not pledged the Original Sale Deed and not at all borrowed any kind of loan on the property. Thats all. And no any kind of re-convey or G.P.A can be executed in favour of the purchaser.

                                                                                                                                                           yours faithfully,

                                                                                                                                                            Mahendra Kumar.B

Anish Thakur 7018812737 (advocate)     16 September 2012

apply for the certified copy of the lost document.

Anil Agrawal (Retired)     16 September 2012

Certified copy? In my case, half of the file was lost or may be destroyed by vested interests.

Subrahmanyam (Individual)     17 September 2012

Thanks everyone for the prompt reply. We went to the Registration office and the sub-registrar also conveyed us the same to goahead with certifiied copy and get the registartion done. Now the Buyer is not willing to buy the property and asking us to pay the complete advance amount he paid us with interest in a week.


The original "Agreement for sale" was made on a Rs. 50 stamp paper where it was mentioned in case of defect we need to return the entire advance amount. This document was signed by us in our home but not in registration office. Is it legally valid?
 

The buyer has constructed a compound wall without our formal approval in our house and now asking us to re-imberse the money for the wall too. Unfortunately we have invested the advance amount in another sale deed which we cannot get it back now.

Buyer's main point is he cannot sell it to a third party in future. He is saying that a bank loan will not be granted on certified copies. Please suggest us how to proceed in this matter. Once again thanks for patiently going through my issue. 


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