HI All,
I have entered into an agreement for purchase of property and paid advance some time back. At the time of agreement, the seller could not show original papers for some reason, however, he agreed in writing to provide me all original documents related to the property at the time of registry. Now, when they called to me for registry, I request them to show original documents. They shown me the original registry in their name dated about 5 years back. However, they could not show the original registry of the previous owner as they were supposed to receive the original registry from the previous owner at the time of transfer of property in their name. They are mentioning no reason for not having the original registry of the previous owner. When I asked them to get duplicate registry from registrar office through proper procedure i.e. registering FIR, advertisement in newspapers and filing affidavit in the registrar office etc., they are saying that they will give an affidavit that the original previous registry has been misplaced by them and it has not been misused by them for any reason i.e. pledge, mortgage for loan etc.
My question is whether I should accept this affidavit from them in lieu of the previous registry or the duplicate registry should compulsorily be received from the registrar office. what will be the legal position / consequences if I am not in receipt of the previous registry. Thanks
