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

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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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