Original document for sale deed

Dr UMESH halkar (Querist) 23 March 2021 This query is : Resolved
Sir,
I want to purchase old villa .Now vendor is telling the original documents are misplaced and duplicate will obtained by Sub registrar and municipality office. For this whether police complainant and Affidavit is required or not to accept.
2. The property is his Mothes name and father was initiated and sighed on old sale deed from first owner. Now his father passed away. Now for sale deed all family members of second owner signature is required or not since the property is not her own earnings.
Regards

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Quick Summary

When buying a property where the original sale deed is misplaced, it's crucial to verify the title thoroughly. While some advise a police complaint and affidavit, obtaining certified copies from the Sub-Registrar and checking the Encumbrance Certificate (EC) is often sufficient. If the seller is deceased, a legal heirship certificate from the court or Tahsildar is necessary, and all legal heirs must sign the new sale deed.

SHIRISH PAWAR, 7738990900 (Expert) 23 March 2021
Hello,

If the document is lost police complaint has to be registered. The query is not in clear words. You have to verify the title carefully. If the seller is dead then you have to get a legal heirship certificate from the court. For purchasing the property you should get a title and search report from the advocate and based on the same you should form the decision to purchase the property.

Advocate Bhartesh goyal (Expert) 23 March 2021
( 1 ) if original documents has been misplaced or lost then vendor must lodge an F.I.R and by a sworn statement/affidavit satisfy to purchaser.
( 2 ) Get legal encumbrance certificate and examined the all documents from experienced lawyer.

kavksatyanarayana (Expert) 23 March 2021
The original document is not lost. It is misplaced. So I think it is not necessary to give a complaint and really lost you have to complain. You can obtain a copy of the sale deed from the Sub Registrar concerned and in many states online through the website of IGR of the State. For EC you have to obtain it from the Sub Registrar concerned or through e-seva/mee-seva centers. You can get a legal heir certificate from the Tahsildar is sufficient for registration purposes. All the legal heirs shall execute a sale deed.

Dr UMESH halkar (Querist) 24 March 2021
Why different opinions
Regards

kavksatyanarayana (Expert) 24 March 2021
It is the individual opinion basing on the law and experience etc. And here some of the experts like me are not advocates. But they know some laws they can reply. Here you get various replies from the experts. In some cases, all the experts may give the same opinion and for some queries different replies. If there is a case, only the petitioner or the defendant wins.

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Dr UMESH halkar (Querist) 26 March 2021
The acqusion of plot or purchased by first owner.,permission for the construction of house from authority, site survey map are misplaced. Or may pledge in Marwadi business agency so these original documents are not required. It's not reflect in EC.

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