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R KALIMUTHU   21 September 2017

Missing documents, can bye the land?

1. Year 1992, 5.5 cent of piece of land sold by Mr.X to Mr.Y. This plot was one among the many plots sold by real estate person. 2. Mr. X sold the above land to Mr.Z in 2005. 3. Mr.Z donating this land as a free settlement to his wife on free issue in 2013. 4. Mrs. Z and Mr.Z had a misunderstand and applied for Divorce in 2014 5. Mr.Z cancelling the settle deed and registered in Sub-register office. 6. Meanwhile, Mr.Z and Mrs.Z got divorced in 2015. 7. Family court judgment says with mutual understanding we are separating and the land can be given to their daughter (only). Gurdian is the Grandmother of the girl, because she is under 18 years. Now the girl is 18 years completed in July 2017. This judgment is registered in Sub-registered office. 8. I made agreement with Mrs.Z and guardian in 2015 December. As per law, they have to get a court order on selling this property. It could not happen for the past two years. 9. Now, the girl is 18 years crossed. We were checking, the orginal documents. We found that Document in 2005 (Mr. X sold the above land to Mr.Z in 2005.) is missing. This missing was happened during the court process of Dec-2015 to July 2017. 10. I want suggestion this, original document is missing, what to do? 11. Shall bye this land? R.Kalimuthu, rkpearls@yahoo.com Tirunelveli,. Tamilnadu


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 4 Replies

Kumar Doab (FIN)     21 September 2017

'Buyer Beware' applies to property deals.

It shall be appropriate to get proper legal opinion from a very able local senior counsel of unshakable repute and integrity specializing in revenue/property/civil matters before signing or making payment.

This may cost some FEE but can defend long term interest and hard earned monies.

 

Kumar Doab (FIN)     21 September 2017

You shoule have signed agreement after proper legal opinion from Local counsel.

You may decide only after proper legal opinion from Local counsel as suggested above.

 

R KALIMUTHU   21 September 2017

Thank You. Kumar,

I met one of sbi home loan Advocate, He says First file police complaint and get an Non traceable certificate, paper advertsement on missing document, Then get a copy of the missing document from Registered office, then we can go for aggrement and go for sale deed sign. is it ok. ?

kalimuthu

R KALIMUTHU   21 September 2017

Agreement validity is over on June 2016 itself. now i have to go for new aggrement,


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