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Ashok Zanwar (private)     28 March 2022

Original agreement to sale is lost

Hi Sir/Madam,

I am looking to buy an apartment in Bangalore.The apartment owner bought this from land owner and there was a tripartite agreement between the seller,land owner and builder.The seller has original sale deed, construction agreement,Khata records(certificate,extract) but the original agreement to sell that was franked(0.1%) is lost.As per the seller he had given it to home loan bank from whom he had taken loan and bank while giving NOC for clearing loan has given in writing that the original agreement to sale is misplaced by them.

There were two copies of original agreement to sale,one with seller and another with land owner.The land owners original copy is available but it was not used in franking.The one which was franked is lost.

Can I go ahead and buy this property.My bank advocate says its fine to go ahead with the letter from Seller's bank that it was lost by them.I am worried what happens when I sell this tomorrow,will the prospective buyer's bank also ask for chain of agreement to sale or they wont care about this agreement between builder and first owner as all chain of sale deed will be available.


 6 Replies

Kishor Mehta (CEO)     28 March 2022

You can get a certified copy of the registered sale deed from the Registrar's office. It is not advisable to purchase a property without copies of chain of documents. 

G.L.N. Prasad (Retired employee.)     28 March 2022

Contact a local advocate and take his guidance in publishing the facts that the seller has stated that original lease deed, a complaint has been registered with the police, there were no encumbrances in the Sub Registrar office, a mutation was in the name of seller only, the society records also showed that the seller is in possession, and hence as the seller is providing certified copy (Let the seller obtain such copy in his name) of sale deed, the purchaser intends to purchase if no one objects.  Wait for a reasonable time and act as per the guidance of the local advocate.

Ashok Zanwar (private)     28 March 2022

Thanks for your responses.

 The original sale deed is present and not lost.The original sale agreement is lost.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     28 March 2022

you better take help from landsdoctor. app. This app provides land property genuinity.

P. Venu (Advocate)     28 March 2022

To my understanding, the missing or lost agreement is not of any consequence.

1 Like

G.L.N. Prasad (Retired employee.)     28 March 2022

Absolutely true.  The agreement to sell is not important after the execution of a regular sale deed.  Even if the court executes the specific performance decree, they have to destruct the agreement to sell .  It is just a supporting document till the regular sale deed is executed.

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