mehul 23 November 2019

Sales deed is lost what to do.?

Hi,

My property is 47 years old. i want to sell my falt. its on my name. i am the first owner. my sales deed is missing. now i want to sell my property. buyer is also ready.

i have checked with RO office for duplicate copy Sales Deed.

i have checked with Socierty for Duplicate copy of Sales Deed.

Filed RTI for the same. but documents are not available with them.

Note : Sales Deed was not registered. as it was very old property lke 1975.

now i only have

Share Certificate

Socierty Tax receipt

Municipal Tax Receipt

Light Bill

Society NOC

what else documents are required.?

if i sign Indemnity bond and affidevit is that work instead of Sales Deed.? Please suggest

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7 Replies

(Guest)

Dear Sir,

At the outset you should immediately lodge a complaint with concerned PS regarding the alleged lost of original documents and simultaneously issue a Public Notice in Newspapers in the area regarding the same.

Tahnk you

Balachander Reddy

Advocate

9959850723

Dr J C Vashista (Advocate) 24 November 2019

Unregistered "sale deed" is "NO" document to confer title in your favour. You have no right, titile, claim or interest to sell it.

It is advisable to consult a local prudent lawyer for better appreciation of facts/documents, guidance and proceeding.

Real Soul.... (LEGAL) 24 November 2019

SInce you say the sale deeed was not refistered that means there was no sale deed,even if there was any document but that was not any sale deed u call it by anyother name.

However if you are genuine owner of the falt,you need to file declaratory suit to get the title of the property.

The Indemnity and and affdavits won't substitute a title document.

1 Like

G.L.N. Prasad (Retired employee.) 24 November 2019

In such cases, after lodging a claim, informing through newspaper Advertisement that the title deeds were lost, a certified copy has to be obtained from Registrar's office. It is absolutely impossible to state that the sale deed document is not available in Registrar's office. It must be available. There is also possibility that some purchasers neglect or forget to take a return of sale deed. If the municipal records and society's records show your name obtain those certified copies, and create a document in favor of your family member as gift deed, and then sell to the outside purchaser. Contact a local advocate for precise guidance.

TGK REDDI 24 November 2019

Whatever the Documents you have are enough for enabling you to alienate the property by virtue of adverse possession.

Sale Deeds are always registered whereas Sale Agreements may or mayn't be.

What you lost is, in my opinion, unregistered sale agreement.

Unregistered Sale Agreements are not without weight.

P. Venu (Advocate) 25 November 2019

The facts, as stated, lacks clarity. How could there be a sale (or purchase deed) if you are the first owner of the flat?

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 26 November 2019

1. IF AT ALL, the original Sale Deed is not traceable (for any reason, whatsoever ....) in House or at SRO, THEN get a "Police Report" of the same, stating facts, that it is lost /misplaced /stolen /whatever....

2. ISSUE proper Public Notice in two local Newspapers, thru a registered Advocate.

3. Execute a "Irrevocable Indemnity Bond", in favor of Buyer-party, indemnifying buyer against ANY & ALL losses /claims /whatever...., of any kind whatsoever & whichsoever.

4. Armed with above documents & other existing available society documents, execute proper Sale Deed with confirming & consenting signatures of ALL residual legal heirs. PERIOD.

Keep Smiling .... Hemant Agarwal
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