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Society agreement (sales deed) is lost

(Querist) 14 February 2016 This query is : Resolved 
Dear Sir,
My Name is Mehul I live in Mumbai. I request you to guide me on the below matter.
My Society agreement (sales deed) is lost. Earlier flat was registered on my father’s name however he was passed in 1998 and flat is now registered on my name as well as my wife name in 2007. Now I want to sell this flat and that time I come to know my Society agreement (sales deed) is missing and lost.
I have original share certificate with me (on my name as well as my wife name), society maintenance bill comes on my name as well as my wife name, and society’s name plate is also on my name as well as my wife name.
Now my question is:
• How can I get sales agreement? Society said to me we don’t have your copy of sales agreement. Now what should I do? My society is registered in 15th December 1976 and in my share certificate name is registered on 25th June 1977.
• What is the procedure to get duplicate sales deed?
• Can I get copy of sales deed from society registrar office?
• If I want to sell my flat buyer will get the loan on duplicate sales deed?
• How can I come to know whether my father has paid the stamp duty and registration fees in 1977?
My mobile number is 7666074949. Please provide your valuable guidance Sir or please reply to this.
Thank you.
Rajendra K Goyal (Expert) 15 February 2016
1. The sale deed must have been registered in the office of the Registrar, apply for the certified copy.
2. Apply to registrar office for certified copy.
3. Society registrar office may not be having copy.
4. Bank may object that the original may have been used for equitable mortgage.
5. If you get certified copy, you can find.
Kishor Mehta (Expert) 17 February 2016
Sir,

In Mumbai, as per the CHS rules, a copy of the sale deed has to be maintained by the society for its records.

You may request the society to give you a copy of the sale deed, then from that reference you may request the Registrar for a certified copy.

Good Luck,
Kishor Mehta
mehul (Querist) 18 February 2016
Hello sir, my society said we don't have copy of sale deed.
Now what to do ?
Kishor Mehta (Expert) 18 February 2016
Sir,
The only option is to approach the Registrar's office with the details of the sale deed for a certified copy.
Good Luck,
Kishor Mehta
Kishor Mehta (Expert) 18 February 2016
Sir,
The only option is to approach the Registrar's office with the details of the sale deed for a certified copy.
Good Luck,
Kishor Mehta
mehul (Querist) 17 March 2016
Dear Sir, i had been to Registrar's office last week. But they asked me for Registered agreement number. which i dont have and dont know whether my agreement is registered or not !!

as i checked with my neighbour, his agreement is also not registered in 1972 its on 5rupee revenue stamp.

now i am sure my agreement is also not registered. now what to do.?? one of my friend told me about circulating agreement. its like when u sell ur flat that time agreement will be made between you and your seller. is that true..?? how can i sell my flat without agreement.??

please provide your valuable guidance Sir or please reply to this.
Kishor Mehta (Expert) 17 March 2016
Sir,
You must have some reference to be able to get a copy of the sale deed from the registrar's office. In the seventies it was a routine for the builders to Lodge a sale deed for registration by affixing a 5/- Rs. Stamp. If you do not have a copy of this deed, the option for you will be to request a search of the records, for the probable year of your purchase/occupation of the flat, giving the details of your building.
You need a valid registered ownership deed to be able to sale your flat.
Good Luck
Kishor Mehta
Kishor Mehta (Expert) 17 March 2016
Sir,
You must have some reference to be able to get a copy of the sale deed from the registrar's office. In the seventies it was a routine for the builders to Lodge a sale deed for registration by affixing a 5/- Rs. Stamp. If you do not have a copy of this deed, the option for you will be to request a search of the records, for the probable year of your purchase/occupation of the flat, giving the details of your building.
You need a valid registered ownership deed to be able to sale your flat.
Good Luck
Kishor Mehta


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