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Eashwar R (Private)     12 June 2014

Apartment purchase from land owner

Hi All,

I booked a flat (under construction) in Bangalore from the Land Owner. On reading the complete set of documents associated, I noticed that The Land Owner had purchased two adjacent lands in 2 parts in 1993 and 1994 respectively and in 2012 had entered into a JDA with a builder from AP and the construction had begun.

The Land owner claims that the Sale deed for the first part of Land (Purchased 1993) has been lost. Hence he had posted an advertisement in the local paper and he claims to have undergone the formalities involved.

The Land owner has given a copy of the original sale deed for the second part of the land (Purchased in 1994).

My questions are these

a) Is there a way to check from Govt Sources (i.e. Resgistrars Office) if the Part 1 of the Land (purchased in 1993) was in fact in the land owners name as his claim is, and he has the sole right to do what he wants with the property eventhough the Original sale deed is missing.

b) What other documents would I have to request from the Land owner to ascertain the above point is true and will help me sell the flat without any hassles (if need be) at a future date  (OR) 

c) What documents would I need to obtain so that I will not have any problems enjoying the ownership of my flat.

The Land Owner + the Builder claim that SBI has approved housing loans for other buyers already. In this case would the bank have actually done due diligence on the afore mentioned Issue? Will it be good to go by the banks words if it claims to have checked everything and all documents are correct? Or is it best to consult a lawyer individually to ascertain the facts before proceeding with the deal?

Please Advise.

Eashwar R



Learning

 1 Replies

Lawyer SALEEMA (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779)     12 June 2014

You can check it from the concerned registrar office. Apply for the certified copy of the said document by paying required fee and get encumbrance certificate for 30 years to the said property. Both the documents will reveal the real title and the some details about the transactions if any, made during the relevant period.

 

If you are very sure that the absolute right is vested with the said person on perusal of the above said documents, then you can proceed the sale process. Otherwise, get proper legal opinion by submitting all those documents available with you and act according to the legal advice.

 

The missing of title deed will not cause any major prejudice. On the other hand, the purchaser should vigilant about the intention of owner who has not produced the original sale deed.

 

Further, you have to execute sale agreement with the owner and construction agreement with the builder also after ascertaining their right thereon.

 

For safer side, the other revenue records stands in the name of the owner be obtained in addition to the above as supporting documents which also may help you to effect revenue assessment in your name easily after the purchase of the flat.


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