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vikas mishra (ADVOCATE)     18 March 2009

LOSS OF ORIGINAL AGREEMENT FOR SALE

CAN ANY ONE TELL ME WHAT HAS TO BE DONE WHEN ONE LOSES THE ORIGINAL AGREEMENT FOR SALE FOR REGISTRATION WILL THE AFFIDAVIT AND THE PHOTOCOPY PF THE AGREEMENT WILL SUFFICE FOR REGISTRATION?



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 9 Replies

A V Vishal (Advocate)     19 March 2009

Mr Misra:


I don't know how important to document is but I advise to enter a fresh agreement of sale. But, if the doc is very important, then suggest you to lodge a complaint with the local police and take a FIR. Then, execute a affadavit with indemnity clause and produce the xerox copy before the registrar along with a copy of the FIR and get it registered.

Y V Vishweshwar Rao (Advocate )     19 March 2009

I agree with the View expressed by Mr Vishal


The Vendor is  regesterign  the Agreement  ,  another Agreement   can be executed by  Vendor and  to mention that the origianl Agreeemtn previouly executed is lost and file  complaint before the Police .


 

Shashikant V. Patil (Lawyer)     19 March 2009

You may obtained certified true copy from the sub-registrar ,it is registered before by  paying requisite fee.  And give complaint to Police Station for loss of original one.

A V Vishal (Advocate)     19 March 2009

Mr Patil:


The querist is very clear that the agreement is not registered,then where does the question of obtaining certified copy arises.

Shashikant V. Patil (Lawyer)     19 March 2009

Vikas has not cleared which original document lost   that  supposed to be enclosed for the deed ?  And in context to deed , you also stating the photocopy is with you. 

A V Vishal (Advocate)     19 March 2009

Mr Patil:


The querist is saying he has lost his original doc of agreement of sale, why are you beating round the bush

vikas mishra (ADVOCATE)     20 March 2009

I have cleareadthe person has lost his original agreement for sale duly executed but not yet registered, now the registrar will not register the xerox copies.

Shashikant V. Patil (Lawyer)     20 March 2009

How then Mr. Vishal is advising for registration of the xerox set of  document alongwith a affidavit for loss of original document with indeminity clause and copy of FIR for registration of xerox copy with Sub-Registrar ? Do you think , Sub-registrar will accept it .  The same is informed by Mr Mishra in his recent clarification.

A V Vishal (Advocate)     20 March 2009

Mr Patil:


Please go through my entire reply to the problem I have suggested a fresh agreement deed in the first place. The registrar has power to register the document on appearance of both the parties and prove to the full satisfaction that the parties are genuine, further I have also suggested execution of an indeminity bond also.


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