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salamath (NRM)     20 October 2010

destroyed/lost/misplaced of original saleed deed

This is to inform that I am going to purchase an apartment from a person 'X' (purchased property in 2004) who had in turn purchased the same property from "Y " seller (1st transaction of the property1992). The person X had informed me that the original sale deed of the above property has not been collected from "Y". When contacted "Y", was inturn asked to contact her lawyer. Mrs Y is no longer staying in India. The lawyer says they had all the deed but was destroyed/lost/misplaced as it has been quite a while. Kindly inform me what is the procedure and legal doc required insuch cases.


 5 Replies

Mugundhan (Lawyer)     20 October 2010

The facts narrated by you raises lot of suspicion about the property. It might have been mortgaged etc.,. Better to avoid buying it. If at any cost, you want to buy the property, the following precautions have to be taken:

1. Apply for certified copy of the documents from the registrar office.

2. Apply for encumbrance certificate for 30 years.

3. Give a publication in the local newspaper.

But always Buyer Beware.

SACHIN AGARWAL (ADVOCATE)     21 October 2010

I agree with teh view of Mr. Mugundhan.

abhishek (law )     21 October 2010

please go for What Mr. Mugundhan has stated.

Bharatkumar (ADVOCATE )     22 October 2010

I agree with Mr. Mugundhan but u write in sale deed that the sale deed of year 1992  was destroyed/lost/misplaced from purchaser and the property is clear, marketeble.

SACHIN AGARWAL (ADVOCATE)     22 October 2010

Firstly you should get the index inspection done for the last 30 yaers and thereafter it should be published in  two news paper.

Besides this, you can have a Memorandum of Understanding to the effect that the original sale deed is not traceable and a paper publication has been done and now as and when it would be traced, it would be handed over / delivered to you and would not be misused at all.

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