Regarding property

Ganapathy N (Querist) 23 November 2011 This query is : Resolved
Dear sir,

Well I brought the flat in Chennai and at the time of the registration I didn't notices that the sale deed between my previous owner and builders are not original and now I came to know that it is not original and I have asked the owner to search for the document and if the owner has it no problem but if he says that the document is not there and if he doesn't agrees to come with me to file the case and without going to court how to solve the problem and will there be any problem to sell this?

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livingston_k (Expert) 23 November 2011
there is no problem to sell the property. you can get the certified copy of the sale deed. no need to file the case.
give paper publication in news paper and complaint in police station and get the non traceable certificate.

K.Livingston
Advocate
9841444177

Devajyoti Barman (Expert) 23 November 2011
Though absence of original copy of back deed does not mean defect of title, the chances are there that the property is mortgaged by deposit of title deed by your vendor.

Raj Kumar Makkad (Expert) 23 November 2011
I completely agree with Barman. Obtain affidavit of previous owner to the effect that the original deed had lost and he shall not misuse it or has not mortgaged it elsewhere and a police complaint should also be got lodged under his signature so that he may be got bound in future, if any complication arises.

Rajeev Kumar (Expert) 23 November 2011
I do agree with experts

prabhakar singh (Expert) 24 November 2011
Rightly anticipated by Mr.Barman.

Ganapathy N (Querist) 24 November 2011
Well I need another clarification whether can i lodge the complaint and proceed further and will there be any problem there?