Seeking your guidance and support on this matter.
I bought a property in 2018 from a seller J Mukherjee, I was in the same property for rental from 2010 onwards.
J Mukherjee (Aged29) got the Absolute Sale deed through a GPA holder (ADSouza), representing ( V Mendonca) in 1998.
V Mendonca was always out of the country, and as he could not visit India for Registration, he had nominated ADsouza as GPA holder to Sell the property.
V Mendonca bought the Property from M Swamy through Sale Deed in 1990.
As J Mukherjee wanted to relocate to US, he approached us if we would like to buy the property and we applied through Bank Loan and got the approval from ICI
The Bank did not question on the original GPA document or Confirmation Deed and just processed on a Scanned Copy in 2018.
I had to switch to a different bank BF and they also considered the documents and gave loan.
I recently again switched from BF to ICI a year back due to attractive interest rates and BF support was pathetic.
I have been living peacefully here in the same property and planned to scale down with liabilities and hence planned to sell the property
When I provided all the documents that was processed by the BF and ICI, the new buyer asked about the GPA and Confirmation deed.
My lawyer did ask for the same but J Mukerjee did not provide as he only had one scanned copy of GPA, and we had an indemnity clause in the Sale Deed.
As we trusted J Mukherjee due to his rapport we had with him all the years. He seemed to be noble person and trustworthy.
I went in search of ADsouza and V Mendonca based on the address given in Sale deeds and prior deeds.
I found ADsouza deceased in 2016 and V Mendonca is not traceable at all. ( They had sold their property and had changed 3 Buyers) ( Tried various means to track him till the company he was working in)
As I do not have the original GPA and do not have a Confirmation deed of the Sale, I need to sell this property what is the best course of action.
The GPA was not a registered document.
V Mendonca got the property through Self and not ancestral.
Should I sue the bank for providing me a loan on a property that has missing documents?
Should I claim Indemnity from J Mukherjee
How to make the Property Legal and the new buyer accepts?
Please advise! Thank you in advance with Gratitude