Lost Agreements
Querist :
Anonymous
(Querist) 16 March 2011
This query is : Resolved
My father had purchased a terrace in our building from our landlord in 1998. In 1999, the society was formed & in 2000 an Indenture of Conveyance was made. The terrace belonging to my father has been mentioned in the Indenture of Conveyance Schedules as a property of my father & Stamp Duty on the entire society + individual flats / garages / terrace was paid with penalty in 2008. This Indenture is yet to be registered. However, the original & xerox of my father's terrace purchase agreements is untracebale & the same is also not registered. There is no other document or reference of the purchase in any communication except for the Indenture of Conveyance mentioned above. The society members are completely aware of our purchase & we have been using & in possession of the terrace since 1998. Pls suggest legal & practical options as to how we prove ownership & also avoid any action by society / anyone else.
Uma parameswaran
(Expert) 16 March 2011
Collect registered deed from land lord .
Querist :
Anonymous
(Querist) 17 March 2011
Sir, as mentioned above the agreement was not registered. Also, now if I go to ask the landlord, he would try & take advantage of the situation & ask for more money. Is there any way in which i can file an affidavit for lost agreement & claim the property based on the Indenture of conveyance of the land + building where the terrace is already mentioned as purchased by my father with the date & consideration amount in the schedules. This Indenture is stamp duty paid & signed by the managing committee & also by the landlord.
