Documents not provided by seller for home loan

Danny Fernandes (Querist) 15 February 2017 This query is : Resolved
I've registered a civil court case against the seller for not providing with complete documents for home loan.My lawyer says the notice has been issued by the court but the seller does not appear in court for hearings.How can I confirm whether the seller has received the court notice? Also what will be the further court procedure as its more than a year since I've filed a court case now ? Kindly help.
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Guest (Expert) 15 February 2017
Next Hearing Let your Advocate Request the Court For News Paper Publishing and in the Very Next hearing the Court Could Decide the Case Ex Parte basing on your Advocate's Request

Ms.Usha Kapoor (Expert) 16 February 2017
Agree with Raj Kumar alias Narasimha.

Danny Fernandes (Querist) 16 February 2017
Sir & Ma'am thank you for your kind help.
My advocate has already done the newspaper publication process as well.
As you say the court would decide the case,so what would be the procedure for recovering the required documents from the seller after the court judgement.
Thank You.

Guest (Expert) 16 February 2017
You could Apply for Copy of Documents in the Concerned Registrar Office and should give an News Paper Publishing as Documents Untraceable and Ec for 25 years till date to be Obtained.And then your Advocate should file a Suit in Concerned Court and the Court after proper verification with concerned Registrar It would endorse your document with Court Seal .And from that date the Copies held by you with you with Court's Endorsement would be Treated as Original.Consult a Local Good Senior Advocate.

rajeev sharma (Expert) 16 February 2017
This fellow purchased the property without examining the title document of previous chain title document simply means that he was satisfied with the title of vendor. Now he is asking for the previous chain papers, this i presume may be for two reasons either he has applied for bank loan and the bank is demanding documents of previous chain of title or there is any dispute regarding title.
In both the circumstances without having the original title document doubts regarding equitable mortgage may not be erased.No certification may nullify equitable mortgage if any created previously.
Similarly even if the court passes a decree against the vendor for delivering g the previous title chain of of no use .if the vendor is not in possession of the previous title document

Guest (Expert) 16 February 2017
Dear Author,Honorable Court would Insist on News Paper Publishing and Encumbrance Certificate for 25 years Only for the Reason to Ensure there is no Encumbrance on Property.So Do Not worry and Just Proceed.

Guest (Expert) 16 February 2017
Honorable Supreme Court had already Decided No Un Registered Document Would be Legally accepted Or enforceable.So if at all any such transaction by your seller it would appear on EC and if it is Not in EC it is not Legally Enforceable.So need not worry.

rajeev sharma (Expert) 16 February 2017
The author may gain the knowledge of the previous transfers of thee property but even then bank will insist upon the previous original title. No certified copy obtained from the office of sub registrar may take place of the original documents

Guest (Expert) 16 February 2017
Dear Author,Please Refer and Read My Second Post in this Thread thoroughly Please

Danny Fernandes (Querist) 16 February 2017
Thank you all for your help.
The seller has all the documents and all are registered but the only problem was with the blueprint of the building which was not matching with the physical layout.
I did request him to kindly check with local authorities but to no avail.
if the court asks the seller to provide the documents what will be the process that will be followed ?
Thank You.

Rajendra K Goyal (Expert) 18 February 2017
Proceed as advised by the expert rajeev sharma.

rajeev sharma (Expert) 20 February 2017
court may not direct a person to produce what he does not possess. Your problem is that seller has not constructed the house as per the plan approved by local authority. You should have checked at the time of purchase. The only feasible remedy is to apply for compounding of construction by paying fine if that comes within the by laws of authority and then sue the seller for the damages suffered by you .

Documents not provided by seller for home loan

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