Himanshu (PM) 19 September 2013

Original agreement missing, should i buy that property

Hello experts, advocates,

I just need a clarification. I'm interested in buying a flat for which Seller has missed the original agreement (with builder). On my demands, seller is providing me the following documents:

1. Certified true copy of the missing agreement from Sub Registrar

2. Police FIR copy at local police station

3. Public notice in English and a local newspaper

4. Affidavit mentioning the fact they they lost their original documents

5. Indemnity bond (not sure)

On this forum, most of the experts have confirmed that certified true copy is as good as original agreement.

Can you help me with taking decision on buying such property?

~Himanshu

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5 Replies

Advocate Bhartesh goyal (advocate) 19 September 2013

You can purchase the flat on basis of referred documents.

T. Kalaiselvan, Advocate (Advocate) 19 September 2013

Yes, I agree with Advocate Mr. Goyal that the certified registration copy of the agreement along with other documents can be relied upon for purchase of the property -

Advocate T Kalaiselvan, Vellore, Ph: +919443441062

Himanshu (PM) 20 September 2013

Thank you Adv. Bhartesh and Kalaiselvan. Will the language of Affidavit and Indemnity bond be same? Any suggestions on how the Indemnity bond will be executed? I've the affidavit which is simple in language just to state the fact that they lost the documents and now they want to dispose off their property.

-H

Advocate Ravinder (Advocate/Attorney) 21 September 2013

I completely agree with the above experts except the following.

I do not understand that how can we get certified copy of Agreement in sub registrar office. I know that only registered deeds are available. All deeds relating to immovable properties should be registered compulsorily, but there is an exemption for the agreements where we go for relief of specific performance. Thus, nobody will register agreement of sale.