Purchase property with certified copy of sale deed

Querist : Anonymous (Querist) 15 December 2023 This query is : Resolved
The seller seems to have lost all documents. But he is arranging property tax, EC, OC, A Khata one by one. However with regards to sale deed he is saying that he will get a certified copy of sale deed from SRO by filing FIR and posting an Ad on local and national news papers.

My question is
Is it safe to purchase a property with certified copy of sale deed? What if someone after few years appears with the original sale deed and claims the property or says there is a loan which the seller took and submitted original documents. Will it become my liability or the seller's liability as per registration contract.

in the future, can this house be sold with certified copy of sale deed + EC, OC, A-khata documents?

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Quick Summary

If you're thinking of purchasing a property where the seller only has a certified copy of the sale deed, it's crucial to proceed with caution. While a certified copy from the SRO is legally recognised, you must thoroughly verify all other documents like property tax receipts, EC, OC, and A-khata. It's also wise to investigate the whereabouts of the original sale deed and consider obtaining an indemnity bond from the seller against future claims or undisclosed loans. Seeking legal advice and issuing a public notice before purchase are highly recommended steps.

kavksatyanarayana (Expert) 15 December 2023
The certified copy of the sale deed given by S.R.O. is deemed original. You shall verify EC, A-khata and previous sale/transfer deed i.e. link documents and if necessary show them to a lawyer

T. Kalaiselvan, Advocate (Expert) 17 December 2023
What happened to the original sale deed?
Your doubts about the possibility of mortgage loan by giving the original title deeds as collateral security is justified.
You can obtain an indemnity bond from indemnifying you the losses in this regard in future in case of any litigation over the property.
After that you can issue a public notice about this property before buying it and then obtain a proper legal opinion from a local lawyer before buying it.

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