Sale deed
puneet
(Querist) 07 November 2012
This query is : Resolved
Dear Sir
I have entered into an agreement to purchase a house and got its search report done by a lawyer. When we were about to make the sale deed, the seller said that he has misplaced the title deeds and that he will get certified copy of title deeds from sub registrar office and make the sale .Now my doubts are-
1. Whether it is permissible
2. how to be sure that seller has genuinely misplaced it. It is possible that he might have kept it as collateral with some bank for getting some loan.
3. what is the proper legal way to buy such type of property so that buyer gets a good title.
4. The seller is saying that he will lodge an FIR with police and get the certified copy from registrar office and then make the sale agreement.Will it be enough to dispel the doubts in point 2 above.
thanks and regards
Raj Kumar Makkad
(Expert) 07 November 2012
If seller filed police complaint and provides an affidavit to you and further you have also obtained the search report then your status shall be duly regarded as a bonafide purchaser and even if any problem comes in the way, your interest shall remain secured as such. Even then it shall be proper for you to get a publication from the side of seller in news-paper to the effect that he has lost original title deed of such and such property to which he has searched every where and failed to trace it out and now he is selling that property to such and such person and any person who finds that deed, may please return it to you means buyer.
Sudhir Kumar, Advocate
(Expert) 08 November 2012
Fully agreed with Mr makkar.
If the seller has really misplaced the deed he is still the woner and right to sell is with him. he has no other way.
Once the property is in your possession and his claim turns out to be false then he faces criminal action.
