Fact of publication of loss of original document to be mentioned in sale deed or not
PrnBCRBant
(Querist) 03 December 2013
This query is : Resolved
Dear Experts,
My friend has lost his orignal sale deed thru which he had purchased a property. Now it is sold to another by following a proper proceedure of giving 10 days of claims if any, through a news paper publication, but now the purchasing party wants these facts in the sale deed to be executed in his favour. My point is
whether the same is requried by law? or is it of any help to state the fact of lost doucment in the proposed sale deed.
thanks in advance.
Advocate M.Bhadra
(Expert) 03 December 2013
In all respect searching of records in Registrar Office,Land Revenue Office and Municipal Office about the Title.In case you are the buyer then it is always better to obtain a declaration from the vendor about the loss of the original deed along with the reasons for the loss, because there may be a chance that the title deeds may have been pledged by the vendor or given as security. There may be a possibility of fraud. It is for the buyer to make all the necessary enquiries and then make the purchase.
ABDUL RAZIQUE
(Expert) 03 December 2013
Yes, it is necessary to describe fact in the conveyance otherwise the said purchaser may be effected to stand title proceeding.
Dr J C Vashista
(Expert) 04 December 2013
Not required to be mentioned in the sale deed.
However, it has to be mentioned giving details as to how (under which document)the vendor got title of the property
Devajyoti Barman
(Expert) 04 December 2013
It depends. Sometimes it is mentioned , sometimes it is not.
malipeddi jaggarao
(Expert) 05 December 2013
The buyer is right in asking for recital of these facts to prove that he got a clear valid and marketable title of the property.
What is the problem for the seller to include such recital when the buyer agreed to purchase the property in the absence of original documents? The buyer will have a right against the seller, if the seller misrepresented the fact of loss of document and dealt with the property prior to the proposed sale. It will give him a right to proceed against the seller in such cases.
ABDUL RAZIQUE
(Expert) 05 December 2013
I hope Acharya JI now you are clear about your doubt.
PrnBCRBant
(Querist) 06 December 2013
Dear Experts,
Thank you one & all for giving your time to resolve this query as well as your timely & valuable advice.
Thank you
ABDUL RAZIQUE
(Expert) 08 December 2013
Always welcome. It is your platform.
