Lost original sale agreement
Somil shah
(Querist) 26 March 2014
This query is : Resolved
I have lost my original as well as the previous owners sale agreements (I have photocopy of both the agreements).
I have the original share certificate as well as the original payment receipt of stamp duty.
I want to sell my flat and the buyers wants to take a bank loan.
What is the quickest remedy for the problem?
ajay sethi
(Expert) 26 March 2014
file FIR of loss of original documents . issue public notice . take certified copy of agreement from sub registrar office
Somil shah
(Querist) 26 March 2014
Thanks.
Will the buyer get a loan using a certified copy?
R.V.RAO
(Expert) 27 March 2014
yes.i am sure when SRO certified lost sale deed is there besides, your paper notice of loss of originals and FIR make up for ample evidence,so that banker will extend loan.
but as per bank extant rules and internal procedures,the borrower may be asked to furnish indemnities and or collateral securities besides of course his own personal guarantee.
R.V.RAO
(Expert) 27 March 2014
E.C will any way be showing your name as seller. after the sale buyer's name will be shown as owner in E.C. so i do not see any difficulty.
Dr J C Vashista
(Expert) 27 March 2014
I agree with experts advise.
However, the lost document was Agreement to Sell, that you have already completed the transaction after purchasing the flat isn't it?
If yes, no need to go to police for registration of FIR, getting certified copy from SR and publication rather you can seek declaration (from Court) for cancellation of agreement, if you feel. Engage a local lawyer.
Contact banker's for loan on the strength of share certificate and receipts.
Somil shah
(Querist) 27 March 2014
Yes the transactions were completed more than 25-30 years back... As per my knowledge the documents were given for registration at pune and haven't come back from there..... I tried getting the original documents from the registrar at pune but because of typical government bureaucracy I couldn't get the originals.
Rajendra K Goyal
(Expert) 27 March 2014
Agree with the expert Dr J C Vashista ji.
Somil shah
(Querist) 27 March 2014
Can anyone suggest a good lawyer near opera house/grant road (mumbai) near girgam court who can help me with the same.
ajay sethi
(Expert) 27 March 2014
you dont need lawyer to file FIR . you can do so on your own . mention that you have lost your original documents of flat .
Rajendra K Goyal
(Expert) 27 March 2014
No need of lawyer, even if you want to have services, visit court premises.
Nadeem Qureshi
(Expert) 27 March 2014
Mr. Sethi is from Mumbai, contact him
Dr J C Vashista
(Expert) 27 March 2014
Yes, contact Mr. Ajay Sethi, an expert in the field is a respectable consultant and advocate practising in Mumbai.
