LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

shyam (nil)     10 February 2015

Property with missing prior deed

A property I intend to buy does not have prior deed dated 1992. This missing prior deed is mentioned in Janaury 1993 Sale Deed. And then this property was sold to another Title holder in February 1993. And then in 2004 and 2007 respectively. So the present Title Deed was made in 2007.  Due to some reason the Agent is unable to get me duplicate Copy of the Sale Deed in 1992. Agent is also not sure if the Title holder in 1992 is still alive or not.
Is it advisable to buy this property ?
If I have to buy what are the precautions I should take ?


Learning

 4 Replies

saravanan s (legal advisor)     10 February 2015

if the parent document is not clear it means that you are taking a risk in buying that property

NITIN PATIL (OTHER)     10 February 2015

Dear Sir,

i had purchased a flat in talegaon pune in 2012 and made a aggrement to sale with flat owner after 1 years  ,flat developer ( builder ) made a sale deed directily in my name sale deed is made with builder and me previous owner name is not reflected in sale deed index 2 ,

it's accepectable to made a sale deed directily in 2nd owner and this document is legelly clear??

T. Kalaiselvan, Advocate (Advocate)     12 February 2015

@Shyam:  you can always get the copy of the missing sale deed document from the registrar's office, there is no question that the vendor refusing to give the copy.  As far as the property buying is concerned, always take a legal opinion from a local lawyer in order not to miss out the legal hurdles going without notice to develop into a litigation at a later stage.

T. Kalaiselvan, Advocate (Advocate)     12 February 2015

@Nitin Patel:  Firstly you should use own thread for posing your query and not to harp on others thread.  It is not understood that with whom you made a sale agreement and whether the sale agreement was registered or not, if registered then what about the cancellation of it, however why did the previous owner enter into sale agreement with you when he he is not having a title to the property?, have you consulted and taken an opinion from a lawyer, if not, do it immediately by producing the relevant papers before him and decide the further course of action in this regard.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register