Lost original chain of sales deed


Hi Law Gurus,

I had bought a property which was available for resale in Borivali, Mumbai in 1979 from an Owner had in turn bought the property from Builder.

I've lost the Original sales deed between the Builder and the person from whom I bought the property for resale.

The agreement between the Builder and the Owner was not registered either (Many people did not bother to get their deeds registered in 1970's - 80's). Hence I cannot get a copy from the Registrar's office either.

I have the Sales Deed between myself and the Owner from whom I bought the property and I've also got it registed during the 2008 Amensty Scheme.

What else should I do to make the title of the property  clear so that it is saleable in the future?

 

Regards,

MS

 
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Advocate

Dear Mehul,

you have clear title on the property.

 
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Thanks Vish.

But what if when I want to resale my property and the buyer asks for chain of agreements including the agreement between the builder and the person from whom I bought the flat?

As I said, I've lost the agreement between the builder and the person from whom I bough the property.

MS

 
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Advocate

Dear Mehul,

Since you have bought the property in 1979  and direclty from the owner, the sale deed will clearly mention how the property devolved on the owner in the first place.( whether he had inherited the property or self acquired property)and the other thing which perfects your title is that -you have been in peaceful possession for more than 12 years.By explaining these two points you can resell the flat to any buyer and they should have no problem with it.( builder - owner agreement has no significance here,legally )


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u should have got the purchase effected after the registration of the 1st sale deed which was madatory to be registered U/ S. 4 of M.O.F.A . 

               BESIDE U HAVE NOT SPECIFIED THE DATE OF EXECUTION. 04.07.1980 AND 10.12.85 ARE THE HISTORICAL DATE IN b.s.act.

              what @ society conveyance ? whether it is done efeectively ?

               no way ur title can b perfect

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
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Team Developer

Hi,

          I had purchased a 1RK flat in orlem, malad(w) in january 2008 and the registration formalties was done in october 2008 as the seller party are NRI's staying in UK. The legal formalities are handled by her sister in law who resides in the same building where I reside. Now the question is that since i'm the third buyer in the chain the original registration receipts of the previous sellers.i.e. btw builder & 1st seller and btw 1st seller and 2nd seller is missing and xerox copies of the same are present with my seller. I had initially cleared this thing with my seller as six lacs had to be paid by bank loan and bank is requesting for said documents and bank also said that if original receipts are lost the bank needs duplicate copies of same but duplicate also could not be traced in customs office,fort as building is more than 20 yrs old. Initially i.e. 5 yrs back when i asked my seller party about those receipts they said that at present it's not with them but would fetch the same for me as the loan bank needed.Years have passed by and till date they still have not produced the same to me and also they now since till date the transaction is not done six lacs are still due to them. The sellers have filed a civil court against me for not paying them six lacs but it was only and it is only pending because they were not producing the documents to me so that I would avail home loan.  Now in my agreement with the seller there is no specific time limit and also it is clearly mentioned that six lacs will be paid by disbursement of home loan. I'm staying with my wife since may 2008 till date. The sellers have also not filed an FIR or issued public notice for the same.

 

Please advise whether the original registration receipts are necessary documents for title clearance.

 
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HI,

I am facing similar problem, My father bought a flat in 1989 and had not requested for chain of deeds to be handed over to him by previous owners. I got the previous agreements from society, byt they are unregistered. My father's document is also unregistered but he had paid stamp duty on the agreement.
Kindly suggest what can be done in this case so that I can sell the property at market value.

Thanks.

 
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