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nish (sse)     29 April 2014

Missing sale deed risk

I am planning to buy an apartment from my uncle who is working abroad, and we found out that the sale deed is missing.and  then he applied for certified copy and got it, when i approached the bank for loan they have said they cannot give loan, unless a FIR is file and news paper ad is given.

  1. what is the risk for buying apartment wit missing sale deed ? i am sure my uncle has not mortaged it and it has been genuinely missed, because he did not collect it from the builder.
  2. can any  one else misuse the sale deed  if at all it with the some person other than my uncle ?
  3. what are the other legal things i should  clear before buying the apartment ?

 5 Replies

bhagwat patil (Property due diligence 9422773303)     29 April 2014

1)No risk at all.2)No one can misuse it.3)all title clearance and due diligence of the property. Search for 30 years.
1 Like

adv.raghavan (Advocate,9444674980)     29 April 2014

It is not advisable to go for a property without a original sale deed, but if you wish to continue you can do.You are suppose to follow the things mentioned below, in case of sale deed missing  and subsequent proposal to buy that property.1, file a police complaint  and insist for  a FIR, 2, Then go for paper ad about the specifications of the property  and wait for at least 30 days 3, Then you insist police to issue NON TRACEABLE CERTIFICATE  of the same.4,On completion of the above you insist your uncle to go for  declaration deed that he have not pledged it any where and it is genuinely missing.

We cannot vouch what the person will do with the sale deed.

nish (sse)     29 April 2014

thanks but, other than the owner and his heirs no one else has the right to mortage the document ?

and if i carry out the procedures mentioned above it would be safe ,

also once registration is done the property will be in my name and i will have a proper deed, so i will not have a problem to sell it to another person , am i correct ?

or do you say it is not worth the risk 

adv.raghavan (Advocate,9444674980)     29 April 2014

It depends upon the bank to take a call, but these are normal procedures required  by the banks counsel. If he (seller) happens to be your relative u can take a positive call, if third party i doubt.

MV RAJA RAAM (High Court Advocate)     02 May 2014

Missing sale deed gives suspicious on original.  You have get 30 years search of the property and lodge FIR. There is every chance of misuse if owner do not lodge complaint.  As rightly banks refused your loan application since original sale deed is missed. You have to give paper publication stating that the property belongs so and so you are going to purchase for valuable consideration and if anyone has any questions/objections. 

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