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PURCHASE OF HOUSE

Querist : Anonymous (Querist) 15 December 2010 This query is : Resolved 
I have finally decided to purchase a house in Borivali.

The owner of this flat has informed me that he has lost the original copy of the Agreement for the purchase of this flat.

I suspect that he may have mortgaged this flat but the owner affimartive say he has not mortaged his flat.

Kindly advise -

1) What all steps/actions, I must take that after purchasing the flat the Bank/Loan Giver does not attach my flat and take it legally away from me inspite of my registering the flat and paying the required stamp duty

2) How I can get a duplicate legal Agreement which the owner has said it is lost.

Thanks and Regards
Carvalho Oliveiro
M.Sheik Mohammed Ali (Expert) 15 December 2010
you can aproach local register office and get cirtificate copy of the original, the flat owner before file a FIR regarding missed orginal document of Agreement, and publish new paper aforesaid,and check E.C.after that verify either mortgade or not
Querist : Anonymous (Querist) 15 December 2010
Thanks Sir, for the prompt reply.

I have not understood, "E.C.after that verify either mortgade or not"

Can you please explain to me in detail.

Thanks and Regards
Carvalho Oliveiro
Y V Vishweshwar Rao (Expert) 21 December 2010
EC - i.e;- Encumbrances Certificate on the property will be issued by Sub Registrar on application to you reflected any transactions on the property -

In the EC you have verify to whether there are any Regd Transactions - Like Mortgage or -sale - or sale agreement - Gift -or any other Regd transaction - on the property.


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