Alex 12 March 2020

Mother document lost

I am interested to buy a property in Hyderabad that the current owner claims he does not have mother document but has CC document. Below is scenario.

1. December 1989 - Sale deed made between Ms.L(seller) and Ms.D(buyer). Buyer is aged 2 in 1989 but by mistake typed as 37 years in sale deed copy.

2. August 2016 - Rectification deed in by Ms.D claiming age was marked mistake.

3.August 2016(same day as above) - Agreement of sale Cum GPA with possession between Ms.D(vendor) and Ms.K(vendee)

4. February 2020 - Sale deed between Ms.K and Mr.P(son of Ms.K).Both are majors.

when I spoke with Bank loan department, they said they need mother document but as we don't have, we can apply for FIR and 2 paper ads and try for loan.

Also, Bank representative raised a question to think if mother document is actually lost or may be its pawned and claimed as lost.

Not sure if I can buy this property or have to skip. Please suggest.

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2 Replies

Dr J C Vashista (Advocate) 12 March 2020

Show the documents to a local prudent lawyer since there is doubt through and through the facts posted,

Prima facie either the documents are forged or your query is based on fabricated facts

G.L.N. Prasad (Retired employee.) 12 March 2020

One can not make a decision only on such a link document, the Encumbrance certificates, the mutation certificates, tax paid receipts etc., should also serve. If the Link document is for large building/area, and when it was sold in bits at different times, the link document in the original may not be present. But if it is registered property, a link document can be obtained as a certified copy. In an open forum, it is not proper to seek guidance when the huge investment is involved in an asset. Always take local professional help and in case of doubts, always avoid such purchase as there is no dearth of such sales in real estate.